Jan Vishwas (Amendment of… Bare Act

The source publishes this enactment as a single document rather than provision by provision, so the whole text is below and there are no per-section pages for it. Nothing has been shortened.

Type	Amendment Act
Year	2026
Status	In force as published by the source
Text	Published as one document, as the source published it

REGISTERED NO. DL—(N)04/0007/2003—26jftLVªh lañ Mhñ ,yñ—¼,u½04@0007@2003—26 xxxGIDHxxx xxxGIDExxx vlk/kkj.k EXTRAORDINARY Hkkx II — [k.M 1

PART II — Section 1 izkf/kdkj ls izdkf'kr PUBLISHED BY AUTHORITY lañ 13] ubZ fnYyh] cq/kokj] vizSy 08] 2026@pS= 18] 1948 ¼'kd½ No. 13] NEW DELHI, WEDNESDAY, APRIL 08, 2026/CHAITRA 18, 1948 (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 8th April, 2026/Chaitra 18, 1948 (Saka) The Following Act of Parliament received the assent of the President on the 7th April, 2026 and is hereby published for general information:— THE JAN VISHWAS (AMENDMENT OF PROVISIONS) ACT, 2026 NO. 8 OF 2026 [7th April, 2026.]

An Act to amend certain enactments for descriminalising and rationalising offences to further enhance trust-based governance for ease of living and doing business.

THE JAN VISHWAS (AMENDMENT OF PROVISIONS) BILL, 2026 (AS PASSED BY THE HOUSES OF PARLIAMENT) A BILL to amend certain enactments for decriminalising and rationalising offences to further enhance trust-based governance for ease of living and doing business.

BE it enacted by Parliament in the Seventy-seventh Year of the Republic of India as follows:—

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

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for amendments relating to different enactments mentioned in the Schedule.

Short title and commencement.

Bill No. 104-F of 2026 सी.जी.-डी.एल.-अ.-08042026-271642 CG-DL-E-08042026-271642 2 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— 2 Amendment of certain enactments.

Revision of fines and penalties.

Savings.

Power to remove difficulties.

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

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

Provided that notwithstanding anything contained in this section, if any enactment mentioned in the Schedule provides the manner of revision of fines and penalties therein, only the said provision shall be applicable for increase of fines and penalties for provisions of such enactment.

4. The amendment or repeal by this Act of any enactment shall not affect any other enactment in which the amended or repealed enactment has been applied, incorporated or referred to;

and this Act shall not affect the validity, invalidity, effect or consequences of anything already done or suffered, or any right, title, obligation or liability already acquired, accrued or incurred or any remedy or proceeding in respect thereof, or any release or discharge of, or from any debt, penalty, obligation, liability, claim or demand, or any indemnity already granted, or the proof of any past act or thing;

nor shall this Act affect any principle or rule of law, or established jurisdiction, form or course of pleading, practice or procedure, or existing usage, custom, privilege, restriction, exemption, office or appointment, despite the fact that the same respectively may have been in any manner affirmed, or recognised or derived by, in or from any enactment hereby amended or repealed;

nor shall the amendment or repeal by this Act of any enactment revive or restore any jurisdiction, office, custom, liability, right, title, privilege, restriction, exemption, usage, practice, procedure or other matter or thing not now existing or in force.

5. (1) If any difficulty arises in giving effect to the provisions of different enactments mentioned in the Schedule as amended by this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of the enactments as amended by this Act, as appear to it to be necessary or expedient for removing the difficulty:

Provided that no such order shall be made after the expiry of a period of two years from the date of commencement of this Act.

(2) Every order made under sub-section (1) shall, as soon as may be after it is made, be laid before each House of Parliament.

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No.

Year No. Short title Amendments

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

1. 1870 7 The Courtfees Act, 1870 (A) In section 34, for sub-section (3), the following sub-section shall be substituted, namely:–– “(3) Any person appointed to sell stamps, who,––

(a) with fraudulent intent, disobeys any rule made under this section, or sells or offers for sale any stamp without being duly appointed, shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees, or with both;

(b) without any fraudulent intent, contravenes any rule made under this section, shall be liable to penalty not exceeding ten thousand rupees.”.

(B) After section 34, the following sections shall be inserted, namely:–– “34A. Adjudication of penalties.––(1) For the purpose of adjudicating penalties under clause (b) of sub-section (3) of section 34, the Administrator of the Union territory concerned may appoint an officer not below the rank of Deputy Commissioner or Deputy Collector or any officer equivalent in rank as an adjudicating officer for holding an inquiry and imposing penalties:

Provided that the Administrator of the Union territory concerned may appoint as many adjudicating officers as may be required.

(2) The adjudicating officer may summon and enforce the attendance of any person acquainted with the facts and circumstances of the case to give evidence or to produce any document, which in the opinion of the adjudicating officer may be useful for, or relevant to, the subject-matter of the inquiry, and if, on such inquiry, is satisfied that the person concerned has contravened any rule made under sub-section (1) of section 34, he may impose penalty as deemed fit, subject to the amount mentioned under clause (b) of sub-section (3) of the said section:

Provided that no such penalty shall be imposed without giving the person concerned a reasonable opportunity of being heard.

34B. Appeal.––(1) Whoever aggrieved by an order of the adjudicating officer under section 34A may, within thirty days from the date of receipt of such order, prefer an appeal to the Commissioner or Collector of the Division or before any officer equivalent in rank designated as such by the Administrator of the Union territory concerned as an appellate authority.

4 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— 4

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

(2) An appeal may be admitted after the expiry of the period of thirty days, if the appellant satisfies the appellate authority that he had sufficient cause for not preferring the appeal within that period.

(3) The appellate authority may, after giving the parties to the appeal an opportunity of being heard, pass such order as he may think fit.

(4) An appeal under sub-section (1) shall be disposed of within sixty days from the date of filing.

(5) If penalty imposed by the adjudicating officer under sub-section (1) of section 34A or by an order of the appellate authority under sub-section (3) of this section, as the case may be, is not deposited, the amount shall be recovered as an arrear of land revenue.”.

2. 1871 1 The Cattletrespass Act, 1871 (A) For section 3, the following section shall be substituted, namely:— ‘3. Definitions.—In this Act, unless the context otherwise requires,––

(a) “adjudicating officer” means the Sub-Divisional Magistrate or any other Executive Magistrate authorised by the State Government or the Union territory administration, as the case may be;

(b) “appellate authority” means the District Magistrate or the Additional District Magistrate authorised by the State Government or the Union territory administration, as the case may be;

(c) “cattle” includes also camels, buffaloes, horses, mares, geldings, ponies, colts, fillies, mules, asses, pigs, rams, ewes, sheep, lambs, goats and kids;

(d) “local authority” means Municipal Corporation, Municipal Council, Municipality, Cantonment Board, Notified Area Committee, Gram Panchayat or any other authority for the time being vested by law with the control and administration of any matters within a specified local area; and

(e) “officer of police” also includes village-watchman.’.

(B) In section 6, for the words, “the Indian Penal Code (45 of 1860)”, the words, brackets and figures “clause (28) of section 2 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.

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(1) (2) (3) (4) (5) (D) For section 12, the following section shall be substituted, namely:–– “12. Penalties for cattle impounded.—(1) For every head of cattle impounded as aforesaid, the pound-keepers shall impose penalty in accordance with the scale for the time being prescribed by the State Government in this behalf by notification in the Official Gazette and different scales may be prescribed for different local areas.

(2) All penalties so imposed shall be deposited with the Magistrate of the District through such officer as the State Government may direct.

(3) A list showing the penalties and the rates of charge for feeding and watering cattle shall be posted in a conspicuous place on or near to every pound.”.

(E) In section 13,––

(i) in the marginal heading, for the word “fines”, the word “penalties” shall be substituted;

(ii) for the words “payment of the fines”, the words “payment of penalties imposed” shall be substituted.

(F) In section 15,––

(i) for the words “appear and refuse to pay the said fines and expenses”, the words “appears and refuses to pay the said penalties and expenses” shall be substituted;

(ii) for the words “deposit of the fines”, the words “deposit of the penalties imposed” shall be substituted.

(G) In section 16,––

(i) in the marginal heading, for the word “fines”, the word “penalties” shall be substituted;

(ii) for the words “deposit the said fines”, the words “deposit the said penalties imposed” shall be substituted;

(iii) for the words “Deduction of fines and expenses”, the words “Deduction of penalties and expenses” shall be substituted;

(iv) for the words “fines leviable”, the words “penalties imposed” shall be substituted;

(v) in clause (c), for the word “fines”, the word “penalties” shall be substituted.

(H) In section 17,––

(i) in the marginal heading, for the word “fines”, the word “penalties” shall be substituted;

(ii) for the words “the fines so deducted”, the words “the penalties so deducted” shall be substituted.

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(1) (2) (3) (4) (5) (I) In section 22,––

(i) for the words “one hundred rupees”, the words “five thousand rupees” shall be substituted;

(ii) for the words “together with all fines paid”, the words “together with all penalties paid” shall be substituted;

(iii) for the words “the fines and expenses leviable”, the words “the penalties imposed and expenses incurred” shall be substituted.

(J) In section 23, for the words “compensation, fines and expenses”, the words “compensation, penalties and expenses” shall be substituted.

(K) In section 24, for the words “on conviction before a Magistrate, be punished with imprisonment for a period not exceeding six months, or with fine not exceeding five hundred rupees, or with both”, the words “on being found in default by the adjudicating officer, be liable to penalty of not exceeding five thousand rupees” shall be substituted.

(L) In section 25,––

(i) for the words “Any fine imposed under the next following section or for the offence of mischief”, the words “Any penalty imposed under the next following section or for mischief” shall be substituted;

(ii) for the words “the person convicted of the offence”, the words “the person found liable” shall be substituted.

(M) For section 26, the following section shall be substituted, namely:–– “26. Penalty for damage caused to land or crops or public roads by pigs and cattle.––(1) Any owner or keeper of pigs who, through neglect or otherwise, damages or causes or permits to be damaged any land, or any crop or produce of land, or any public road, by allowing such pigs to trespass thereon, shall, on being found in default by the adjudicating officer be liable to penalty not exceeding one thousand rupees.

(2) Any owner or keeper of cattle who, through neglect or otherwise, damages or causes or permits to be damaged any land or any crop or produce of land or any public road, by allowing such cattle to trespass thereon, shall, on being found in default by the adjudicating officer be liable to penalty not exceeding five thousand rupees.”.

(N) In section 27, for the words “be punished, on conviction before a Magistrate, with fine not exceeding fifty rupees. Such fines”, the words “on being found in default by the adjudicating officer, be liable to penalty, not exceeding five thousand rupees and such penalty” shall be substituted.

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(1) (2) (3) (4) (5) (O) After section 27, the following sections shall be inserted, namely:–– “27A. Adjudication of penalties.––For the purpose of adjudicating penalties under the provisions of this Act and the rules made thereunder, the State Government or the Union territory administration, may authorise the Sub-Divisional Magistrate or any other Executive Magistrate, as the case may be, having jurisdiction, as an adjudicating officer for holding an inquiry and imposing penalties in such manner as may be prescribed by the Central Government:

Provided that no such penalty shall be imposed without giving the person concerned a reasonable opportunity of being heard.

27B. Appeal.––(1) Whoever aggrieved by an order of the adjudicating officer under section 27A may, within thirty days from the date of receipt of the such order, prefer an appeal to the District Magistrate or the Additional District Magistrate specially authorised in this behalf by the State Government or the Union territory administration as an appellate authority, in such form and manner as may be prescribed by the Central Government.

(2) An appeal may be admitted to after the expiry of the period of thirty days, if the appellant satisfies the appellate authority that he had sufficient cause for not preferring the appeal within that period.

(3) The appellate authority may, after giving the parties to the appeal an opportunity of being heard, pass such order as he may think fit.

(4) An appeal under sub-section (1) shall be disposed of within sixty days from the date of filing.

27C. Imprisonment for non-payment of penalty.–– Where any person fails to pay the penalty imposed under the provisions of this Act and the rules made thereunder within ninety days of such imposition, he shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to twice the amount of the penalty, or with both.”.

(P) For section 28, the following section shall be substituted, namely:–– “28. Remittance of penalty.––(1) Where an adjudicating officer imposes a penalty under the provisions of this Act and the rules made thereunder, the amount of said penalty realised shall be credited to the fund of the Animal Welfare Board of India constituted under the Prevention of Cruelty to Animals Act, 1960 (59 of 1960).

8 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— 8

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

(2) The Board referred to in sub-section (1) shall utilise the amount realised through penalty under sub-section (1) for the implementation of the provisions of the Act and the rules made thereunder in such manner as may be prescribed by the Central Government.”.

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

(R) In section 29,––

(i) in the marginal heading, for the words “sue for compensation”, the words “apply for compensation” shall be substituted;

(ii) for the words “suing for compensation in any competent Court”, the words “making an application for compensation to the adjudicating officer” shall be substituted.

(S) In section 30,––

(i) for the words “convicting Magistrate”, the words “adjudicating officer” shall be substituted;

(ii) for the words “such suit”, the words “such complaint” shall be substituted.

(T) After section 31, the following section shall be inserted, namely:–– “32. Power of Central Government to make rules.––(1) The Central Government may, by notification in the Official Gazette, make rules not inconsistent with the provisions of this Act, to carry out the provisions of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—

(a) the manner of holding an inquiry and imposing penalties under section 27A;

(b) the form and manner of appeal under sub-section (1) of section 27B; and

(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 99

(1) (2) (3) (4) (5) Houses agree in making any modification in said rules or both Houses agree that the rules should not be made, the rules shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.”.

3. 1882 15 The Presidency Small Cause Courts Act, 1882 (A) In section 68, for the words “shall, on conviction before a Presidency Magistrate, be liable to be punished with fine which may extend to five hundred rupees and with imprisonment for a term which may extend to three months, in addition to any other liability he may have incurred by his proceedings”, the words “shall be liable to such penalty as may be imposed by the adjudicating officer” shall be substituted.

(B) In section 87,—

(i) in the marginal heading, for the words “Imprisonment or committal of person”, the words “Penalty for” shall be substituted;

(ii) for the words, figures and brackets “the Court may sentence him to simple imprisonment, or commit him to the custody of an officer of the Court, for any term not exceeding seven days, unless in the meantime such person consents to answer such questions or to produce such document, as the case may be, after which, in the event of his persisting in his refusal, he may be dealt with according to the provisions of section 480 or section 482 of the Code of Criminal Procedure, 1898 (5 of 1898)”, the words “he shall be liable to penalty as may be imposed by the adjudicating officer” shall be substituted.

(C) After section 87, the following sections shall be inserted, namely:— “87A. Adjudication of penalties.––For the purpose of adjudication of penalties under sections 68 and 87, the State Government, may designate the Deputy Registrar appointed under section 13 of this Act, to be the adjudicating officer, for holding an inquiry and imposing penalties in the manner as may be provided by rules by the High Court:

Provided that the State Government may appoint as many adjudicating officers as may be required:

Provided further that no such penalty shall be imposed without giving the person concerned a reasonable opportunity of being heard.

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

87B. Appeal.––(1) Any person aggrieved by an order of the adjudicating officer under section 87A may, within thirty days from the date of receipt of such order, prefer an appeal to such officer, at least one rank higher than the adjudicating officer, as may be appointed by the State Government as an appellate authority, in such form and manner as may be provided by rules by the High Court.

(2) The appellate authority may admit an appeal after the expiry of the said period of thirty days, if the appellant satisfies the Appellate authority that he had sufficient cause for not preferring the appeal within that period.

(3) The appellate authority may, after giving the parties to the appeal an opportunity of being heard, pass such an order as he may deem fit.

(4) An appeal under sub-section (1) shall be disposed of within sixty days from the date of filing.

(5) If penalty imposed by the adjudicating officer under section 87A or by an order of the appellate authority under this section is not deposited, the amount shall be recovered as an arrear of land revenue.”.

87C. Amount of penalty.—Notwithstanding anything contained in this Act, the quantum of penalty or fine shall be such amount as the State Government concerned may, by notification in the Official Gazette, determine from time to time, having regard to the pecuniary jurisdiction and local requirements of the Court.

Explanation.––For the purposes of this section, “State Government concerned” means the Government of the States of Maharashtra, Tamil Nadu and West Bengal, within whose respective jurisdictions the Act is in force; and such determination shall be consistent with the amendments and adaptations made by the respective State Acts.”.

(D) Section 88 shall be omitted.

(E) Section 95 shall be omitted.

(F) After section 97, the following section shall be inserted, namely:— “98. Power of the High Court to make rules.––(1) The High Courts may make rules not inconsistent with the provisions of this Act to carry out the provisions of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 1111

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

(a) the manner of holding inquiry and imposing penalties under section 87A; and

(b) the form and manner of appeal under sub-section (1) of section 87B.”.

4. 1898 9 The Live-stock Importation Act, 1898 (A) After section 3A, the following section shall be inserted, namely:— “3B. Laying of notification before both Houses of Parliament.—All notifications issued under this Act shall be laid before both Houses of Parliament as soon as may be after they are issued.” .

(B) Section 4 shall be omitted.

5. 1903 7 The Works of Defence Act, 1903 For section 36, the following sections shall be substituted, namely:— “36. Punishments.—(1) Whoever wilfully—

(a) obstructs any person in doing any of the acts authorised by section 4, section 6 or section 8; or

(b) destroys, damages, alters or otherwise interferes with the ground level or any work done under section 6, shall be liable to penalty which may extend to two thousand and five hundred rupees, and in case of continuing contravention, with an additional penalty of two hundred and fifty rupees for every day after the first during which the contravention continues; and any expenses incurred in removing the effects of this contravention may be recovered from him in the manner provided by the law for the time being in force for the recovery of penalty.

(2) Whoever obstructs any person authorised under section 4, section 6, or section 8, by using or threatening to use force, or by any act of physical interference that prevents such officer from exercising any lawful power or performing any lawful duty under this Act, or contravenes any of the provisions of section 7 or any condition prescribed thereunder, shall be punishable with imprisonment of either description for a term which may extend to one month, or with fine which may extend to two thousand and five hundred rupees, and in case of continuing offence, with an additional fine of two hundred and fifty rupees for every day after the first during which the contravention continues; and any expenses incurred in removing the effects of his offence may be recovered from him in the manner provided by the law for the time being in force for the recovery of fines.

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

Explanation.––For the purposes of this section, obstruction shall not include any act or omission arising from physical or mental incapacity, unintentional conduct, or circumstances beyond the person’s control.”.

36A. Adjudication of penalties.––For the purpose of adjudicating penalties under sub-section (1) of section 36, the Central Government shall appoint an officer not below the rank of Commanding Officer as an adjudicating officer for holding an inquiry and imposing penalties in such manner as may be prescribed:

Provided that no such penalty shall be imposed without giving the person concerned a reasonable opportunity of being heard.

36B. Appeal.––(1) Any person aggrieved by an order of the adjudicating officer under section 36A may, within thirty days from the date of receipt of such order, prefer an appeal to such officer, not below the rank of General Officer Commanding-in-Chief or equivalent or head of the organisation, as may be appointed by the Central Government as an appellate authority, in such form and manner as may be prescribed.

(2) An appeal may be admitted after the expiry of the period of thirty days if the appellant satisfies the appellate authority that he had sufficient cause for not preferring the appeal within that period.

(3) The appellate authority may, after giving the parties to the appeal an opportunity of being heard, pass such order as he may think fit.

(4) An appeal under sub-section (1) shall be disposed of within sixty days from the date of filing.

(5) In the event of non-payment of amount of penalty imposed under section 36A or under this section within a period of fifteen days from date of receipt of such order, the appellant shall be liable to be punished with a fine which may extend to twice the penalty imposed.”.

6. 1925 39 The Indian Succession Act, 1925 (A) In section 296, in sub-section (2), for the words “one thousand rupees, or with imprisonment for a term which may extend to three months, or with both”, the words “ten thousand rupees” shall be substituted.

(B) In section 389, in sub-section (2), for the words “one thousand rupees, or with imprisonment for a term which may extend to three months or with both”, the words “ten thousand rupees” shall be substituted.

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

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

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

(ii) sub-section (4AA) shall be omitted.

(B) In section 58G, in the marginal heading, for the word “fine”, the word “penalties” shall be substituted.

8. 1940 23 The Drugs and Cosmetics Act, 1940 (A) In section 27A, in clause (ii), for the words “shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to twenty thousand rupees, or with both”, the words “shall be liable to penalty of one lakh rupees or three times the value of the cosmetics confiscated, whichever is higher” shall be substituted.

(B) In section 28A, for the words “punishable with imprisonment for a term which may extend to one year or with fine which shall not be less than twenty thousand rupees or with both”, the words “liable to penalty which shall not be less than three lakh rupees but which may extend to five lakh rupees” shall be substituted.

(D) In section 30, sub-sections (1A) and (2) shall be omitted.

(E) After section 30, the following section shall be inserted, namely:–– “30A. Adjudication of penalties.––(1) For the purpose of adjudicating of penalties under this Act, the Central Government or the State Government, as the case may be, may appoint an officer not below the rank of Deputy Drugs Controller or Assistant Drugs Controller, as the case may be, or an officer equivalent in rank in the State Government, as an adjudicating officer, for holding an inquiry and imposing penalties in such manner as may be prescribed:

Provided that the Central Government or the State Government, as the case may be, may appoint as many adjudicating officers as may be required:

Provided further that no such penalty shall be imposed without giving the person concerned a reasonable opportunity of being heard.

(2) Whoever aggrieved by an order of the adjudicating officer under sub-section (1) may, within thirty days from the date of receipt of such order, prefer an appeal to such officer at least one rank higher than the adjudicating officer as an appellate authority as may be appointed by the Central Government, or as the case may be, the State Government, in such form and manner as may be prescribed.

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

(3) An appeal may be admitted after the expiry of the said period of thirty days if the appellant satisfies the appellate authority that he had sufficient cause for not preferring the appeal within that period.

(4) The appellate authority may, after giving the parties to the appeal an opportunity of being heard, pass such an order as he may deem fit.

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

(6) If penalty imposed by the adjudicating officer under sub-section (1) or by an order of the appellate authority under sub-section (4), as the case may be, is not deposited, the amount shall be recovered as an arrear of land revenue.”.

(F) In section 32B, in sub-section (1), for the words, brackets, figures and letters “clause (ii) of section 27A, section 28 and section 28A”, the word and figures “section 28” shall be substituted.

(G) In section 33, in sub-section (2), after clause (o), the following clauses shall be inserted, namely:— “(oa) the manner of holding an inquiry and imposing penalties under sub-section (1) of section 30A;

(ob) the form and manner of preferring appeal to the appellate authority against the order of adjudicating officer under sub-section (2) of section 30A.”.

(H) In section 33-I, for sub-section (2), the following sub-section shall be substituted, namely:–– “(2)(a) Contravenes any other provisions of this Chapter except section 24 as applied by section 33H or any rule made under this Chapter shall be punishable with imprisonment for a term which may extend to six months and with fine which shall not be less than ten thousand rupees;

(b) contravenes section 24 as applied by section 33H, shall be punishable with fine which shall not be less than thirty thousand rupees.”.

(I) In section 33J, for clause (c), the following clause shall be substituted, namely:–– “(c)(i) under clause (a) of sub-section (2) of section 33-I is again convicted of an offence under that sub-section, shall be punishable with imprisonment for a term which may extend to one year and with fine which shall not be less than twenty thousand rupees or three times the value of the drugs confiscated, whichever is higher;

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

(ii) under clause (b) of sub-section (2) of section 33-I is again convicted of an offence under that sub-section, shall be punishable with fine which shall not be less than fifty thousand rupees or six times the value of the drugs confiscated, whichever is higher.”.

(J) In section 36AB, in sub-section (1), the word, figures and letter “section 28A,” shall be omitted.

(K) In section 36AC, in sub-section (1),––

(i) the word, figures and letter “section 28A,” the occurring at both the places, shall be omitted;

(ii) for the words, brackets and figures “sub-sections (1) and (2) of section 30” occurring at both the places, the words, brackets and figures “sub-section (1) of section 30” shall be substituted.

9. 1948 8 The Pharmacy Act, 1948 (A) In section 26A, in sub-section (4), for the words, figures and brackets “section 21 of the Indian Penal Code (45 of 1860)”, the words, brackets and figures “clause (28) of section 2 of the of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.

(B) In section 43,––

(i) in sub-section (1), for the words “be punishable with fine which may extend to fifty rupees”, the words “be liable to penalty which may extend to five thousand rupees” shall be substituted;

(ii) for sub-section (2), the following sub-sections shall be substituted, namely:— “(2) The penalty referred to in sub-section (1) shall be paid within ten days from the date on which the person’s name was removed from the register.

(3) If any person fails to pay the penalty within the period prescribed in sub-section (2) and fails to surrender the certificate of registration; he shall be liable to a further penalty of one thousand rupees for every day during which the contravention continues.”.

(C) In section 43A, in sub-section (1), for the word, figures and letter “section 26A”, the words, figures and letter “sections 26A and 43,” shall be substituted.

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

(a) five thousand rupees in respect of first contravention; and 16 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— 16

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

(b) ten thousand rupees in respect of second and subsequent contravention.”.

(B) After section 3, the following section shall be inserted, namely:— “3A. Authority for imposing penalty, appeal and procedure thereof.—(1) The Deputy Chairman, Calcutta Dock Labour Board, shall be the adjudicating authority for the purpose holding an inquiry and imposing penalty for contravention of a scheme in accordance with sub-section (3) of section 3, in such manner as may be prescribed by rules:

Provided that no such penalty shall be imposed without giving the person concerned a reasonable opportunity of being heard.

(2) Any person aggrieved by an order of the adjudicating officer under sub-section (1), may, within thirty days from the date of receipt of such order, prefer an appeal to the Chairman, Calcutta Dock Labour Board, who shall be the appellate authority, in such form and manner as may be prescribed by rules.

(4) The appellate authority may, after giving the parties to the appeal an opportunity of being heard, pass such an order as he may deem fit.

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

(D) In section 8, in sub-section (2), after clause (g), the following clauses shall be inserted, namely:— “(ga) the manner of holding an inquiry and imposing penalties under sub-section (1) of section 3A;

(gb) the form and manner of preferring appeal to the appellate authority against the order of adjudicating officer under sub-section (2) of section 3A.”.

Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 1717

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

11. 1948 14 The Damodar Valley Corporation Act, 1948 (A) Sections 18 and 19 shall be omitted.

(B) For section 53, the following section shall be substituted, namely:–– “53. Punishment.—(1) Whoever contravenes the provisions of section 17 of this Act or any rule made thereunder shall be punishable with a fine which may extend up to ten lakh rupees in respect of each offence and in the case of a continuing failure, with an additional fine which shall not be less than one thousand rupees but may extend to fifty thousand rupees for every day during which the failure continues after conviction of the first such offence.

(2) Notwithstanding anything contained in the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), any competent court may accept a sum of ten lakh rupees for compounding of the offence from any person who committed or who is reasonably suspected of having committed an offence under sub-section (1).

(3) On payment of the sum of money in accordance with sub-section (2), no proceedings shall be instituted or continued against such a person in any criminal court.

(4) The acceptance of the sum of money by a competent court for compounding an offence in accordance with sub-section (2) shall be deemed to be an amount of an acquittal within the meaning of section 337 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023).

(5) The Compounding of an offence under sub-section (2) shall be allowed only once for any person.”.

(C) In section 56, for the words, figures and brackets “section 21 of the Indian Penal Code (45 of 1860)”, the words, brackets and figures “clause (28) of section 2 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.

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

(2) Where any person continues contravention under sub-section (1), he shall be liable to an additional penalty of ten thousand rupees for every day during which such contravention continues subject to a maximum of ten lakh rupees.

18 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— 18

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

9A. Adjudication of penalties.––For the purpose of adjudicating penalties under section 9, the Central Government, may appoint an officer not below the rank of Joint Secretary to the Government of India or a Secretary to the State Government as an adjudicating officer for holding an inquiry and imposing penalties in such manner as may be prescribed:

Provided that the Central Government or the State Government, as the case may be, may appoint as many adjudicating officers as may be required:

Provided further that no such penalty shall be imposed without giving the person concerned a reasonable opportunity of being heard.

9B. Appeal.––(1) Any person aggrieved by an order of the adjudicating officer under section 9A may, within thirty days from the date of receipt of such order, prefer an appeal to such officer, at least one rank higher than the adjudicating officer, as may be appointed by the Central Government, as an appellate authority, in such form and manner as may be prescribed.

(2) The appellate authority may admit an appeal after the expiry of the said period of thirty days, if the appellant satisfies the appellate authority that he had sufficient cause for not preferring the appeal within that period.

(3) The appellate authority may, after giving the parties to the appeal an opportunity of being heard, pass such an order as he may deem fit.

(4) An appeal under sub-section (1) shall be disposed of within sixty days from the date of filing.

(5) If penalty imposed by the adjudicating officer under section 9A or by an order of the appellate authority under this section, as the case may be, is not deposited, the amount shall be recovered as an arrear of land revenue.”.

(B) After section 11D, the following section shall be inserted, namely:–– “11E. Power of Central Government to make rules.––(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—

(a) the manner of holding an inquiry and imposing penalties under section 9A;

Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 1919

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

(b) the form and manner of preferring appeal to the appellate authority against the order of adjudicating officer under sub-section (1) of section 9B.

(3) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be;

so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.”.

13. 1948 61 The Central Silk Board Act, 1948 (A) In section 13, in sub-section (2), after clause (xvc), the following clauses shall be inserted, namely:–– “(xvca) the manner of holding an inquiry and imposing penalties under sub-section (1) of section 14B;

(xvcb) the form and manner of preferring appeal to the appellate authority against the order of adjudicating officer under sub-section (2) of section 14B;”.

(B) In section 14, in sub-section (1),––

(i) clause (b) shall be omitted;

(ii) in the long line, for the words “punishable with imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both”, the words “warned at the first instance, and in case of continuing or repeated contraventions, he shall be liable to penalty of not less than twenty-five thousand rupees but may extend to one lakh rupees” shall be substituted.

(C) For section 14A, the following sections shall be substituted, namely:–– “14A. Penalty for Contravention of section 8C or

8E.––If any person contravenes the provisions of section 8C or 8E of this Act or regulations made thereunder or any notification relating to silk-worm seed, he shall be liable to penalty of not less than twenty-five thousand rupees but may extend to one lakh rupees, and in addition to such penalty, the competent authority may suspend or cancel the registration granted for the production of silk-worm seeds.

20 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— 20

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

14B. Adjudication of penalties.––(1) For the purpose of adjudicating penalties under clauses (a) and (c) of sub-section (1) of section 14, and section 14A, an officer not below the rank of Director to the Government of India or equivalent in rank as may be appointed by the Central Government shall be the adjudicating officer for holding an inquiry and imposing penalties in such manner as may be prescribed:

Provided that no such penalty shall be imposed without giving the person concerned a reasonable opportunity of being heard.

(2) Whoever is aggrieved by an order of the adjudicating officer under sub-section (1) may, within thirty days from the date of receipt of such order, prefer an appeal to the appellate authority who shall be an officer not below the rank of Joint Secretary to the Government of India or equivalent in rank as may be appointed by the Central Government, in such form and manner as may be prescribed.

(3) An appeal may be admitted after the expiry of the period of thirty days if the appellant satisfies the appellate authority that he had sufficient cause for not preferring the appeal within that period.

(4) The appellate authority may, after giving the parties to the appeal an opportunity of being heard, pass such order as he may think fit.

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

14. 1950 64 The Road Transport Corporations Act, 1950 In section 46, for the words “shall be punishable with fine which may extend to five hundred rupees, and when the breach is a continuing one, with a further fine not exceeding twenty rupees for every day after the date of the first conviction during which the offender is proved to have persisted in the offence”, the words “shall be liable to penalty which may extend to five hundred rupees and when the breach is a continuing one with a further penalty not exceeding twenty rupees for every day after the first contravention, during which the breach continues” shall be substituted.

Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 2121

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

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

(B) After section 20, the following sections shall be inserted, namely:— “20A. Adjudication of penalties.––For the purpose of adjudicating penalties under section 20, the Central Government shall, appoint an officer at least one rank higher than the competent authority as an adjudicating officer for holding an inquiry and imposing penalties in such manner as may be prescribed:

Provided that the Central Government may appoint as many adjudicating officers as may be required:

Provided further that no such penalty shall be imposed without giving the person concerned a reasonable opportunity of being heard.

20B. Appeal.––(1) Any person aggrieved by an order of the adjudicating officer under section 20A may, within thirty days from the date of receipt of such order, prefer an appeal to such officer, at least one rank higher than the adjudicating officer, as may be appointed by the Central Government as an appellate authority, in such form and manner as may be prescribed.

(2) An appeal may be admitted after the expiry of the said period of thirty days, if the appellant satisfies the appellate authority that he had sufficient cause for not preferring the appeal within that period.

(3) The appellate authority may, after giving the parties to the appeal an opportunity of being heard, pass such an order as he may deem fit.

(4) An appeal under sub-section (1) shall be disposed of within sixty days from the date of filing.

(5) If penalty imposed by the adjudicating officer under section 20A or by an order of the appellate authority under this section, as the case may be, is not deposited, the amount shall be recovered as an arrear of land revenue.”.

(C) In section 21, for the words, figures and brackets “section 21 of the Indian Penal Code (45 of 1860)”, the words, brackets and figures “clause (28) of section 2 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.

(D) In section 22, in sub-section (2), after clause (e), the following clauses shall be inserted, namely:–– “(ea) the manner of holding an inquiry and imposing penalties under section 20A;

(eb) the form and manner of preferring appeal to the appellate authority against the order of adjudicating officer under sub-section (1) of section 20B;”.

22 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— 22

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

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

(i) in sub-section (1), for the words “punishable with fine which may extend to five hundred rupees”, the words “liable to penalty which may extend to ten thousand rupees” shall be substituted;

(ii) in sub-section (2), for the words “punishable with imprisonment which may extend to six months, or with fine which may extend to one thousand rupees, or with both”, the words “liable to penalty which may extend to one lakh rupees” shall be substituted.

(B) After section 30, the following section shall be inserted, namely:–– “30A. Adjudication of penalties.––(1) For the purpose of adjudicating penalties under section 30, the Central Government, may appoint an officer not below the rank of Wing Commander as an adjudicating officer for holding an inquiry and imposing penalties in such manner as may be prescribed:

Provided that the Central Government may appoint as many adjudicating officers as may be required:

Provided further that no such penalty shall be imposed without giving the person concerned a reasonable opportunity of being heard.

(2) Any person aggrieved by an order of the adjudicating officer under sub-section (1) may, within thirty days from the date of receipt of such order, prefer an appeal to such officer, at least one rank higher than the adjudicating officer, as may be appointed by the Central Government as an appellate authority, in such form and manner as may be prescribed.

(4) The appellate authority may, after giving the parties to the appeal an opportunity of being heard, pass such order as he may think fit.

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

Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 2323

(1) (2) (3) (4) (5) (C) In section 34,––

(i) in sub-section (2), after clause (m), the following clauses shall be inserted, namely:— “(ma) the manner of holding an inquiry and imposing penalties under sub-section (1) of section 30A;

(mb) the form and manner of preferring appeal to the appellate authority against the order of adjudicating officer under sub-section (2) of section 30A;”;

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

17. 1953 29 The Tea Act, 1953 (A) In section 37, for the words “punishable with fine which may extend to one thousand rupees”, the words “warned at the first instance, and in case of subsequent contraventions, he shall be liable to penalty which may extend to one lakh rupees” shall be substituted.

(B) In section 42A, in sub-section (1),––

(i) for the words, brackets and figures “sub-section (1) of section 41”, the words, figures and brackets “section 37, sub-section (1) of section 41” shall be substituted;

(ii) after the words “an adjudicating officer for”, the words “issuing warning letter or” shall be inserted.

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

19. 1954 27 The Delivery of Books and Newspapers (Public Libraries) Act, 1954 (A) For section 5, the following sections shall be substituted, namely:–– “5. Penalties.—(1) Any publisher, including a publishing house, a publishing agency or individual, who contravenes any provision of this Act or of any rule made thereunder, shall be given an opportunity to fulfil the conditions of the Act or to remedy the contravention within thirty days on the service of a notice informing them of the contravention.

(2) If on the expiry of thirty days from the date of service of the notice, the contravention persists—

(a) the registration of the publisher with the National Agency for International Standard Book Number shall be suspended for a period of one year or up to the day the books are submitted to the designated libraries by the publisher, whichever is earlier;

(b) the publisher shall be debarred from receiving an International Standard Book Number for a period of one year or up to the day the books are submitted to the designated libraries by the publisher, whichever is earlier.

24 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— 24

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

(3) If the contravention persists, suspension of registration, and debarment, the publisher’s registration with National Agency for International Standard Book Number shall be permanently cancelled and the publisher shall be permanently debarred from receiving an International Standard Book Number.

5A. Adjudication of penalties.––For the purpose of adjudicating penalties under section 5, the Central Government shall appoint the Head of the Library as an adjudicating officer for holding an inquiry and imposing penalties in such manner as may be prescribed:

Provided that the Central Government may appoint such other adjudicating officers as it may consider necessary:

Provided further that no such penalty shall be imposed without giving the person concerned a reasonable opportunity of being heard.

5B. Appeal.––(1) Any person aggrieved by an order of the adjudicating officer under section 5A may, within a period of thirty days from the date of receipt of such order, prefer an appeal to such officer, at least one rank higher than the adjudicating officer, as may be appointed by the Central Government as an appellate authority, in such form and manner as may be prescribed.

(3) The appellate authority may, after giving the parties to the appeal an opportunity of being heard, pass such order as he may think fit.

(4) An appeal under sub-section (1) shall be disposed of within sixty days from the date of filing.”.

(B) Section 6 shall be omitted.

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

(i) in sub-section (2), for the words “on a director or employee”, the words “on any person” shall be substituted;

(ii) in sub-section (4), for the words “A director or employee aggrieved by any order”, the words “Any person aggrieved by an order” shall be substituted;

(iii) in sub-section (5), for the words “Where a director or employee of the Corporation”, the words “Where any person” shall be substituted.

Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 2525

(1) (2) (3) (4) (5) (B) In section 40, for the words “punishable with imprisonment which may extent to one year, or with fine which may extend to one thousand rupees, or with both”, the words “liable to penalty which may extend to fifty lakh rupees or the value of the property, whichever is higher, in respect of each contravention, and if he continues such contravention, to a further penalty which may extend to fifty thousand rupees for every day during which the contravention continues” shall be substituted.

21. 1956 48 The National Highways Act, 1956 For section 8B, the following section shall be substituted, namely:— “8B. Penalty for mischief by injury to national highway.––(1) Whoever commits mischief by doing any act which renders or which he knows to be likely to render any national highway in sub-section (1) of section 8A impassable or less safe for travelling or conveying property, shall be liable to penalty which shall not be less than ten lakh rupees, but may extend to one crore rupees.

(2) The Highway Administration or officer authorised by such Administration under the Control of National Highways (Land and Traffic) Act, 2002 (13 of 2003) shall have the power to impose and recover the penalty under sub-section (1), together with such expenses and additional charges as prescribed in the Control of National Highway (Land and Traffic) Act, 2002, in the same manner as prescribed in section 26 of the said Act.”.

22. 1956 96 The Slum Areas (Improvement and Clearance) Act, 1956 (A) In section 32,––

(i) in sub-section (1), for the words “punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both”, the words “liable to penalty, which may extend to ten thousand rupees for each failure and in case of continuing failure, with an additional penalty of one thousand rupees for every day during which such failure continues after contravention of the first such notice, order or direction subject to a maximum of one lakh rupees” shall be substituted;

(ii) in sub-section (2), for the words “punishable with imprisonment which may extend to three months, or with fine which may extend to one thousand rupees, or with both”, the words “liable to penalty, which may extend to ten thousand rupees for each failure and in case of continuing failure, with an additional penalty of one thousand rupees for every day during which such failure continues after contravention of the first such restriction or condition, subject to a maximum of one lakh rupees” shall be substituted;

26 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— 26

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

(iii) after sub-section (2), the following proviso shall be inserted, namely:–– “Provided that in cases where such contravention directly results in significant harm to public health or human life, the offender shall be punishable with imprisonment which may extend to three months, or with fine or with both.”;

(iv) in sub-section (3), for the words “or molests such person after such entry shall be punishable with fine which may extend to one thousand rupees”, the words “shall be liable to penalty which may extend to ten thousand rupees” shall be substituted;

(v) after sub-section (3), the following sub-section shall be inserted, namely:— “(3A) Where any person intentionally obstructs a person authorised under this Act, by using or threatening to use force, or by any act of physical interference that prevents such officer from exercising any lawful power or performing any lawful duty under this Act, shall be punishable with imprisonment of either description for a term which may extend to three months, or with fine which may extend to two thousand and five hundred rupees, or with both.

(B) After section 32, the following section shall be inserted, namely:— “32A. Adjudication of penalties.––(1) For the purpose of adjudicating penalties under sub-sections

(1), (2) and (3) of section 32, the Administrator may appoint an officer as an adjudicating officer for holding an inquiry and imposing penalties in such manner as may be prescribed:

Provided that the Administrator concerned may appoint as many adjudicating officers as may be required:

Provided further that no such penalty shall be imposed without giving the person concerned a reasonable opportunity of being heard.

(2) Whoever, aggrieved by an order of the adjudicating officer under sub-section (1) may, within thirty days from the date of receipt of such order, prefer an appeal to an officer one rank higher than the adjudicating officer to be appointed as an appellate authority by the Administrator, in such form and manner as may be prescribed.

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

(3) An appeal may be admitted after the expiry of the period of thirty days, if the appellant satisfies the appellate authority that he had sufficient cause for not preferring the appeal within that period.

(4) The appellate authority may, after giving the parties to the appeal an opportunity of being heard, pass such order as he may think fit.

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

(C) In section 38, for the words, figures and brackets “section 21 of the Indian Penal Code (45 of 1860)”, the words, brackets and figures “clause (28) of section 2 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.

(D) In section 40, in sub-section (2), after clause (eeeeee), the following clauses shall be inserted, namely:–– “(eeeeeea) the manner of holding an inquiry and imposing penalties under sub-section (1) of section 32A;

(eeeeeeb) the form and manner of preferring appeal to the appellate authority against the order of adjudicating officer under sub-section (2) of section 32A;”.

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

24. 1957 20 The Coal Bearing Areas (Acquisition and Development) Act, 1957 In section 23,––

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

(ii) the words “or wilfully obstructs the lawful exercise of any other power conferred by or under this Act, or fails to comply with any order made or direction given under this Act” shall be omitted;

(iii) for the words “one thousand rupees”, the words “one lakh rupees” shall be substituted.

25. 1957 61 The Delhi Development Act, 1957 (A) In section 29,— 28 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— 28

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

(i) in the marginal heading, for the word “penalties”, the word “punishments” shall be substituted;

(ii) for sub-section (1), the following sub-section shall be substituted, namely:— “(1) Any person who whether at their own instance or at the instance of any other person or any body (including a department of Government) undertakes or carries out development of any land in contravention of the master plan or zonal development plan or without the permission, approval or sanction referred to in section 12 or in contravention of any condition subject to which such permission, approval or sanction has been granted, shall be—

(a) punishable with imprisonment of either description for a term which may extend to three years, if such development relates to utilising, selling or otherwise dealing with any land with a view to the setting up of a colony without a lay out plan;

(b) liable to penalty which may extend to fifty thousand rupees in any case, other than those referred to in clause (a).”;

(iii) in sub-section (2), for the words “punishable with fine which may extend to five thousand rupees and in the case of a continuing offence, with further fine which may extend to two hundred and fifty rupees for every day during which such offence continues after conviction for the first commission of the offence”, the words “liable to penalty which may extend to fifty thousand rupees and in case of a continuing contravention, with further penalty which may extend to two thousand and five hundred rupees for every day during which such contravention continues after the order imposing penalty has been passed and confirmed for the first contravention” shall be substituted;

(iv) for sub-section (3), the following sub-sections shall be substituted, namely:— “(3) Any person who obstructs the entry of a person authorised under section 28 into or upon any land or building shall for the first contravention be liable to penalty which may extend to ten thousand rupees and for any second or subsequent contravention, to the punishment provided under section 221 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023).

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

(4) Any person who assaults any person authorised under section 28 to enter into or upon any land or building, after such entry, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees, or with both.”.

(B) In section 31, in sub-section (5), for the words “punishable with fine which may extend to two hundred rupees for every day during which the non-compliance continues after the service of the order”, the words “liable to penalty which may extend to two thousand rupees for every day during which the non-compliance continues after the service of the order” shall be substituted.

(C) After section 31A, the following section shall be inserted, namely:— “31AA. Adjudication of penalties.—(1) For the purpose of adjudicating penalties under section 29 and sub-section (5) of section 31, the Central Government, shall appoint an officer not below the rank of Deputy Secretary to the Government of India as an adjudicating officer for holding an inquiry and imposing penalties in such manner as may be prescribed:

Provided that the Central Government may appoint as many adjudicating officers as may be required:

Provided further that no such penalty shall be imposed without giving the person concerned a reasonable opportunity of being heard.

(2) Any person aggrieved by an order of the adjudicating officer under sub-section (1) may, within thirty days from the date of receipt of such order, prefer an appeal to such officer, at least one rank higher than the adjudicating officer, as may be appointed by the Central Government to be the appellate authority, in such form and manner as may be prescribed.

(4) The appellate authority may, after giving the parties to the appeal an opportunity of being heard, pass such order as he may think fit.

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

30 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— 30

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

(D) In section 34A,––

(i) in the opening portion, for the words, brackets and figures “The Code of Criminal Procedure, 1973 (2 of 1974) shall apply to an offence under sub-section (1) of section 29”, the words, brackets, figures and letter “The Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) shall apply to an offence under sub-clause (a) of sub-section (1) of section 29” shall be substituted;

(ii) in sub-clause (1), for the words and figures “section 42 of that Code”, the words and figures “section 39 of that Sanhita” shall be substituted.

(E) In section 47, for the words, figures and brackets “section 21 of the Indian Penal Code (45 of 1860)”, the words, brackets and figures “clause (28) of section 2 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)” shall be substituted.

(F) In section 49,—

(i) in sub-section (1), the words, brackets and figure “other than an offence referred to in sub-section (2)” shall be omitted;

(ii) sub-section (2) shall be omitted.

(G) In section 56, in sub-section (2), after clause (ja), the following clause shall be inserted, namely:–– “(jaa) the manner of holding an inquiry and imposing penalties under sub-section (1) of section 31AA;

(jab) the form and manner of preferring appeal to the appellate authority against the order of adjudicating officer under sub-section (2) of section 31AA;”.

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

(i) after clause (a), the following proviso shall be inserted, namely:— “Provided that no such assessment for an assessment year shall be made after the lapse of seven years from the close of that assessment year;”;

(ii) for clauses (b) and (c), the following clause shall be substituted, namely:— Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3131

(1) (2) (3) (4) (5) “(b) revise any assessment where the information furnished in the return of self-assessment is found to be incorrect or reopen any assessment where it has been detected that there is wilful suppression of information; and”;

(iii) in clause (d), for brackets and letter “(d)”, the brackets and letter “(c)” shall be substituted.

(B) For section 152A, the following section shall be substituted, namely:–– “152A. Punishment for wilful default in payment of property tax, furnishing wrong information in return of assessment, etc.—Whoever wilfully makes default in the payment of, or wilfully attempts in any manner whatsoever to evade, any tax, including amount of interest due and penalty levied under this Act, or furnishes any wrong information in the return of assessment, or wilfully fails to furnish in due time the return of property tax, or does not furnish information as asked for under any provision of this Act, he shall, without prejudice to any other penal provision under this Act to which he may be subject, be liable for penalty equal to fifty per cent. of the amount of tax so evaded or sought to be evaded:

Provided that the penalties so imposed shall be in addition to, and not in derogation of, any liability in respect of the payment of tax which the defaulter may have incurred.”.

(C) In section 153, in sub-section (1), for the proviso, the following provisos shall be substituted, namely:— “Provided that such bill shall be presented in respect of a property tax due in respect of a property after carrying out physical survey or collection of relevant data in respect of that property if it is being assessed for the first time:

Provided further that no such bill shall be necessary in the case of—

(a) property tax payable on self-assessment of vacant land or covered space in any building;

(b) a tax on vehicles and animals; and

(D) In section 305, sub-sections (3), (4), (5), (6) and

(7) shall be omitted.

(E) In section 309, sub-section (2) shall be omitted.

(F) Section 310 shall be omitted.

(G) In section 317, in sub-section (1), for the words and figures “Except as provided in section 318, no person”, the words “No person” shall be substituted.

32 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— 32

(1) (2) (3) (4) (5) (H) Section 318 shall be omitted.

(I) Section 330 shall be omitted.

(J) In section 336,—

(i) in sub-section (1), the words and figures “or the provisions of section 340”, shall be omitted;

(ii) in sub-section (3), the words and figures “or under section 340” shall be omitted.

(K) Section 340 shall be omitted.

(L) In section 343,––

(i) in section (5), for the word “Administrator” occurring at both the places, the words “District Judge” shall be substituted;

(ii) in section (6), for the word “Administrator” occurring at both the places, the words “District Judge” shall be substituted;

(M) In section 345A, in sub-section (3), in clause (b), for the word “Administrator”, the words “District Judge” shall be substituted.

(N) In section 347B, in sub-section (1), clause (j) shall be omitted.

(O) In section 347D,––

(i) in sub-section (1), for the word “Administrator”, the words “District Judge” shall be substituted;

(ii) for sub-section (3), the following sub-section shall be substituted, namely:— “(3) An appeal against the order of the District Judge shall lie to the High Court of Delhi.”.

(P) In section 351, the words and figures “and section 355” shall be omitted.

(Q) Section 355 shall be omitted.

(R) In section 357, sub-section (3) shall be omitted.

(S) Sections 360 and 361 shall be omitted.

(T) Sections 364 shall be omitted.

(U) Sections 369 and 370 shall be omitted.

(V) Sections 373 and 374 shall be omitted.

(W) Sections 377 and 378 shall be omitted.

(X) Section 380 shall be omitted.

(Y) Section 382 shall be omitted.

(Z) Section 385 shall be omitted.

(ZA) Section 387 shall be omitted.

Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3333

(1) (2) (3) (4) (5) (ZB) Section 396 shall be omitted.

(ZC) Sections 400, 401 and 402 shall be omitted.

(ZD) Sections 409, 410 and 411 shall be omitted.

(ZE) Section 414 shall be omitted.

(ZF) In section 437,—

(i) in the marginal heading, the words “or molestation” shall be omitted;

(ii) the words “or molest” shall be omitted.

(ZG) For section 461, the following section shall be substituted, namely:–– “461. Penalty for certain violations.––Whoever—

(a) contravenes any provision of any of the sections, sub-sections, clauses, provisos or other provisions of this Act mentioned in column (1) of the Twelfth Schedule; or

(b) fails to comply with any order or direction lawfully given to him or any requisition lawfully made upon him under any of the said sections, sub-sections, clauses, provisos or other provisions, shall be punishable with penalty specified in that behalf in column (3) of the Twelfth Schedule:

Provided that before invoking section 353, section 354, sub-sections (1) and (2) of section 357, sub-sections (4) and (5) of section 399, and subsection (5) of section 430, for the first contravention of the said sections, a warning notice shall be issued to the offender.”.

(ZH) Section 465 shall be omitted.

(Z-I) Section 466A shall be omitted.

(ZJ) After section 468, the following sections shall be inserted, namely:–– “468A. Adjudication of penalties.––(1) The Commissioner may authorise an officer not below the rank of Assistant Commissioner as an adjudicating officer for holding an inquiry and imposing penalties specified under the Twelfth Schedule, in such manner as may be prescribed, after giving the parties a reasonable opportunity of being heard.

(2) The adjudicating officer may summon and enforce the attendance of noticee, or, as the case may be, any person acquainted with the facts and circumstances of the case, to give evidence or to produce any document, which in the opinion of the adjudicating officer may be useful for, or relevant to, the subject matter of the inquiry and if, on such inquiry, adjudicating officer is satisfied that the 34 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— 34

(1) (2) (3) (4) (5) person concerned has contravened the provisions of this Act, may, by an order, impose the penalty as specified under the Twelfth Schedule.

468B. Appeal.––(1) The Commissioner may authorise an officer not less than one rank above the adjudicating officer to act as an appellate authority.

(2) Whosoever aggrieved by an order of the adjudicating officer under section 468A may prefer an appeal to the appellate authority, within thirty days from the date of receipt of the order.

(3) The appellate authority may summon and enforce the attendance of any person acquainted with the facts and circumstances of the case to give evidence or to produce any document.

(4) The appellate authority may, after giving the parties to the appeal an opportunity of being heard, pass such order as it thinks fit, either confirming or modifying or setting aside the order appealed against.

(5) The appellate authority shall dispose of the appeal within sixty days from the date of filing of such appeal.

(6) The amount of penalty imposed under this Act, if not paid, may be recovered as an arrear of tax.”.

(ZK) In section 474, in sub-section (1), after the words “Any police officer may”, the words “, on a complaint made by an officer not below the rank of Deputy Commissioner as may be authorised as such by the Administrator,” shall be inserted.

(ZL) For section 475, the following section shall be substituted, namely:— “475. Duties of police officers.—It shall be the duty of all police officers to assist all municipal officers and other municipal employees in the exercise of their lawful authority under this Act or any rule, regulation or bye-law made thereunder.”.

(ZM) For section 482, the following section shall be substituted, namely:–– “482. Penalty for breaches of bye-laws.—(1) Any bye-law made under this Act may provide that a contravention thereof shall be liable to penalty which may extend to five hundred rupees.

(2) Any such bye-law may also provide that a person contravening the same shall be required to remedy so far as lies in his power, the mischief, if any, caused by such contravention.”.

Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3535

(1) (2) (3) (4) (5) (ZN) For the Twelfth Schedule, the following Schedule shall be substituted, namely:–– “THE TWELFTH SCHEDULE (See section 461) PENALTIES

Explanation.—The entries in the second column of the Table below under the heading “Subject” are not intended as definitions of the offences prescribed in the provisions mentioned in the first column of the said Table or even as abstracts of those provisions, but are inserted merely as reference to the subject thereof.

Section, sub-section, clause or proviso Subject Penalty (in Rupees)

(1) (2) (3) Section 129 Failure to give notice of erection of new building, etc.

500/- Section 143 Prohibition of advertisement without permission.

5000/- Section 314, sub-section

(1), clauses

(a) and (b) Failure to comply with requisition to show cause for alteration of street or for appearance before the Commissioner.

200/- Section 315, sub-section

(1) Failure to comply with requisition on owner of private street or owner of adjoining land or building to level, etc., such street.

100/- Section 317, sub-section

(1) Prohibition of projections upon streets, etc.

5000/- Section 317, sub-section

(2) Failure to comply with requisition to remove projections from streets.

5000/- Section 320, sub-section

(1) Erection, etc., of structures of fixtures which cause obstruction in streets.

5000/- 36 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— 36

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

(1) (2) (3) Section 321 Deposit, etc., of things in streets.

500/- Section 323, sub-sections

(1) and (2) Tethering of animals and milking of cattle in public streets.

1000/- Section 327, sub-section

(2) Name of street and number of house not to be destroyed or defaced, etc.

1000/- Section 328, sub-section

(1) Failure to comply with requisition to repair, protect or enclose a dangerous place.

1000/- Section 346, sub-sections

(1) and (2) Non-compliance with provision as to completion certificates, occupation or use, etc., without permission.

1000/- Section 348, sub-sections

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

1000/- Section 349, sub-section

(1) Failure to comply with requisition to vacate buildings in dangerous condition, etc.

1000/- Section 353 Failure to provide for collection, removal and deposit of refuse and provision of receptacles.

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

500/- Section 356 Failure to comply with requisition for removal of rubbish, etc., from premises used as market, etc.

1000/- Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3737

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

(1) (2) (3) Section 357, sub-section

(1) Keeping rubbish and filth for more than twenty-four hours, etc.

100/- Section 357, sub-section

(2) Allowing filth to flow in streets.

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

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

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

5000/- Section 381 Disposal of infected articles without disinfection.

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

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

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

500/- Section 391, sub-section

(1) Failure to comply with requisition to close a burning or burial ground.

1000/- 38 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— 38

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

(1) (2) (3) Section 391, sub-section

(2) Burning or burial of corpses in a burning or burial ground after it has been closed.

1000/- Section 392 Removal of corpses by other than prescribed routes.

500/- Section 393, sub-section

(1), clause

(b) Failure to give notice for removal of carcasses of dead animals.

100/- Section 397, sub-sections

(1), (2) and

(3) Commission of nuisances.

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

1000/- Section 399, sub-section

(4) Dogs not to be at large in a street without being secured by a chain lead.

1000/- Section 399, sub-section

(5) Ferocious dogs at large without being muzzled, etc.

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

1000/- Section 404 Failure to comply with requisition to enclose land used for improper purposes.

500/- Section 406, sub-section

(1) Sale in municipal markets without permission.

200/- Section 407, sub-sections

(1) and (2) Use of places as private markets without a licence and use of places other than a municipal slaughter house as slaughter houses.

500/- Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3939

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

(1) (2) (3) Section 407, sub-section

(2), proviso

(a) Non-compliance with conditions imposed by Commissioner.

200/- Section 415 200/- Section 416 5000/- Section 417 1000/- Section 418, sub-section

(3) 200/- Section 419, sub-section

(5) 500/- Section 420 200/- Section 421 1000/- Section 422 Carrying on butcher’s, fish-monger’s or poulterer’s trade without licence etc.

Establishment of factory, etc., without permission.

Certain things not to be kept and certain trades and operations not to be carried on without a licence.

Keeping, abandonment or tethering of animals, etc.

Use of premises in contravention of declaration.

Hawking articles for sale without a licence, etc.

Keeping a lodging house, eating house, tea shop, etc., without licence or contrary to licence.

Keeping open theatre, circus or other place of public amusement without licence or contrary to terms of licence.

1000/- Section 430, sub-section

(5) Failure to produce licence or written permission.

100/- Section 437 Obstruction in execution of work.

500/- Section 444, sub-section

(4) Failure to comply with requisition to state the name and address of owners of premises.

200/- 40 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— 40

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

(1) (2) (3) Section 495 Obstruction of Mayor or any municipal authority, etc.

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

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

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

500/-”.

27. 1957 67 The Mines and Minerals (Development and Regulation) Act, 1957 (A) In section 21,—

(i) for sub-section (2), the following sub-sections shall be substituted, namely:— “(2) Whoever contravenes the provisions of the rules made under section 23C shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to five lakh rupees, or with both, and in the case of a continuing contravention, with additional fine which may extend to fifty thousand rupees for every day during which such contravention continues after conviction for the first such contravention.

(2A) Where any person fails to pay the penalty or the additional penalty, as the case may be, imposed under the provisions of section 25B or section 25C within ninety days of such imposition, he shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to twice the amount of the penalty or additional penalty so imposed or with both.”;

(ii) in sub-section (6), for the words and figures “Code of Criminal Procedure, 1973 (2 of 1974)”, the words and figures “Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)” shall be substituted.

Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 4141

(1) (2) (3) (4) (5) (B) After section 25, the following sections shall be inserted, namely:–– “25A. Penalty.––(1) Whoever contravenes the provisions of the rules made under the Act, other than those rules made under section 23C, or the terms and conditions of mineral concession granted under this Act shall be liable to a penalty which may extend to fifty lakh rupees.

(2) Where any person continues contravention made under sub-section (1), even after direction of the adjudicating officer appointed under section 25B regarding such contravention, he shall be liable to additional penalty of fifty thousand rupees for every day during which such contravention continues.

25B. Adjudication of penalties.––(1) For the purposes of adjudication of penalties under section 25A, for contravention of the rules relating to mining plan, mine closure plan, submission of reports to Indian Bureau of Mines or other authority subordinate to the Central Government and other functions of Central Government or an authority or officer subordinate to such Government, the Central Government shall appoint an officer not below the rank of Deputy Secretary to the Government of India as an adjudicating officer, for holding an inquiry and imposing penalties in the manner, as may be prescribed by the Central Government:

Provided that the Central Government may appoint as many adjudicating officers as may be required.

(2) The State Government, for the purpose of determining the penalties under section 25A, other than those covered under sub-section (1), shall appoint an officer not below the rank of Joint Secretary to the State Government to be the adjudicating officer, for holding an inquiry and imposing penalties in the manner, as may be prescribed by the Central Government:

Provided that the State Government may appoint as many adjudicating officers as may be required:

Provided further that no such penalty shall be imposed without giving the person concerned a reasonable opportunity of being heard.

42 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— 42

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

25C. Appeal.––(1) Whoever aggrieved by the order passed by the adjudicating officer under section 25B may, within thirty days from the date of receipt of order, prefer an appeal to an officer not below the rank of Joint Secretary to the Government of India, who shall be appointed by the Central Government as an appellate authority, in such form and manner as may be prescribed.

(3) The appellate authority may, after giving the parties to the appeal an opportunity of being heard, pass such an order as it thinks fit, confirming, modifying or setting aside the order appealed against.

(4) Where an appeal is preferred against any order of the adjudicating officer under sub-section (1), it shall not be entertained by the appellate authority unless the person has deposited with the said authority ten per cent. of the amount of the penalty imposed by the adjudicating officer.

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

25D. Power of Central Government to make rules in respect of adjudication and appeal.––(1) The Central Government may, by notification in the Official Gazette, make rules for regulating the adjudication of penalty and appeal and for purposes connected therewith.

(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—

(a) the manner of holding an inquiry and imposing penalties under sub-sections (1) and (2) of section 25B; and

(b) the form and manner of preferring appeal to the appellate authority against the order of adjudicating officer under sub-section (1) of section 25C.”.

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

(i) in sub-section (1), for the words “shall be punishable with imprisonment for a term which may extend to six months and with fine which may extend to one thousand rupees”, the words “shall be liable to penalty which may extend to ten thousand rupees” shall be substituted;

Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 4343

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

(ii) in sub-section (2), for the words “punishable with fine which may extend to one thousand rupees”, the words “liable to penalty which may extend to ten thousand rupees” shall be substituted.

(B) After section 23, the following sections shall be inserted, namely:–– “23A. Adjudication of penalties.––(1) For the purpose of adjudicating penalties under section 23, the State Government may appoint an officer not below the rank of Sub-Divisional Magistrate (Revenue Assistant) to be the adjudicating officer for holding an inquiry and imposing penalties in such manner as may be prescribed:

Provided that the State Government may appoint as many adjudicating officers as may be required:

Provided further that no such penalty shall be imposed without giving the person concerned a reasonable opportunity of being heard.

(2) Whoever is aggrieved by an order passed by the adjudicating officer under sub-section (1) may, within thirty days from the date of receipt of such order, prefer an appeal to an officer not below the rank of Additional District Magistrate or Deputy Commissioner (Revenue), as may be appointed by the State Government as an appellate authority, in such form and manner as may be prescribed.

(3) The appellate authority may admit an appeal after the expiry of the said period of thirty days, if the appellant satisfies the appellate authority that he had sufficient cause for not preferring the appeal within that period.

(4) The appellate authority may, after giving the parties to the appeal an opportunity of being heard, pass such an order as he may think fit.

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

(6) If a penalty imposed by the adjudicating officer under sub-section (1) or by an order of the appellate authority under sub-section (4), as the case may be, is not deposited, the amount shall be recovered as an arrear of land revenue.”.

(C) In section 27, in sub-section (2), after clause (l), the following clauses shall be inserted, namely:–– “(la) the manner of holding an inquiry and imposing penalties under sub-section (1) of section 23A;

(lb) the form and manner of preferring appeal to the appellate authority against the order of adjudicating officer under sub-section (2) of section 23A.”.

44 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— 44

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

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

(i) after clause (aaa), the following clause shall be inserted, namely:–– ‘(aaaa) “advisory” means a written notice issued directing the employer or establishment or any other person to comply with the provisions of this Act or the rules made thereunder within a specified period, without imposing any penalty in such format as may be prescribed;’;

(ii) after clause (q), the following clause shall be inserted, namely:–– ‘(qa) “warning” means a written notice issued cautioning the employer or establishment or any other person that continued or repeated non-compliance with the provisions of this Act or the rules made thereunder in such manner and format as may be prescribed;’.

(B) For section 30, the following section shall be substituted, namely:–– “30. Offences and penalties for contravention of provisions of the Act or rules made thereunder.––(1) If any employer or any other person––

(a) contravenes the provisions of this Act and rules relating to the number of apprentices which he is required to engage; or

(b) required to furnish any information or return––

(i) refuses or neglects to furnish such information or return; or

(ii) furnishes or causes to be furnished any information or return which is false and which he either knows or believes to be false or does not believe to be true; or

(iii) refuses to answer or gives a false answer to any question necessary for obtaining any information required to be furnished by him; or

(c) refuses or wilfully neglects to afford the Central or the State Apprenticeship Adviser or such other person, not below the rank of an Assistant Apprenticeship Adviser, as may be authorised by the Central or the State Apprenticeship Adviser in writing in this behalf any reasonable facility for making any entry, inspection, examination or inquiry authorised by or under this Act; or

(d) requires an apprentice to work overtime without the approval of the Apprenticeship Adviser; or Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 4545

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

(e) employs an apprentice on any work which is not connected with his training; or

(f) makes payment to an apprentice on the basis of piece-work; or

(g) requires an apprentice to take part in any output bonus or incentive scheme; or

(h) engages as an apprentice a person who is not qualified for being so engaged; or

(i) fails to carry out the terms and conditions of a contract of apprenticeship, shall be liable for the first contravention with an advisory to be complied within thirty days; for the second contravention, be liable to warning to be complied within fifteen days; and for every subsequent contravention, be liable to penalty of not less than one thousand rupees but which may extend to five thousand rupees.

(2) The provisions of this section shall not apply to any establishment or industry which the Central Government may, by order exempt with effect from such date as may be mentioned therein.”.

(C) In section 31, for the words and figures “for which no punishment is provided in section 30, he shall be punishable with fine which shall not be less than one thousand rupees but may extend to three thousand rupees”, the words and figures “or of any rules made thereunder for which no penalty is provided in section 30, he shall be liable for the first contravention with an advisory to be complied within thirty days; for the second contravention, be liable to warning to be complied within fifteen days; and for every subsequent contravention, be liable to penalty of not less than one thousand rupees but which may extend to five thousand rupees” shall be substituted.

(D) After section 31, th

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