(1) The Rajasthan Jan Vishwas (Amendment of Provisions) Ordinance, 2025 (Ordinance No. 2 of 2025) is hereby repealed.
(2) Notwithstanding such repeal, all things done, actions taken or orders made under the said Ordinance shall be deemed to have been done, taken or made under this Act.
THE SCHEDULE (See section 2) S.
N.
Year Act No.
Short Title Amendments 2
(1) (2) (3) (4) (5)
1. 1953 13 The Rajasthan Forest Act, 1953
(1) In clause (3) of section 2, after the existing expression “an offence punishable” and before the existing expression “under this Act”, the expression “or liable to a penalty” shall be inserted.
(2) In section 26,-
(i) the existing clauses (a) and (b) of sub-section
(1) shall be deleted;
(ii) after the existing sub-section (1-A), the following new sub-section shall be inserted, namely:- “(1-B) Any person who in a reserved forest,-
(a) trespasses or pastures cattle, or permits cattle to trespass shall be liable to penalty which may extend to five hundred rupees, in addition to such compensation for damage done to the forest as determined by a Forest- Officer empowered under section 68;
(b) causes any damage by negligence in felling any tree or cutting or dragging any timber shall be liable to penalty which may extend to five thousand rupees, in addition to such compensation for damage done to the forest as determined by a Forest- Officer empowered under section 68.”.
(3) In section 33,-
(i) the existing clauses (b) and (c) of subsection (1) shall be deleted;
(ii) the existing clause (d) of sub-section (1-A) shall be deleted;
(iii) after the existing sub-section (1-A), the following new sub-section shall be inserted, namely:- “(1-B) Any person who in a protected forest,-
(a) leaves burning any fire kindled by him in the vicinity of any tree reserved under section 30, whether standing, fallen or felled, or closed portion of any protected forest, shall be liable to penalty which may extend to twenty-five thousand rupees, in addition to such 3 compensation for damage done to the forest as determined by a Forest- Officer empowered under section 68;
(b) fells any tree or drags any timber so as to damage any tree reserved as aforesaid, shall be liable to penalty which may extend to five thousand rupees, in addition to such compensation for damage done to the forest as determined by a Forest- Officer empowered under section
68.”.
(4) In proviso to sub-section (2) of section 52, for the existing punctuation mark “.” appearing at the end, the punctuation mark “:” shall be substituted and after sub-section (2) so amended, the following new proviso shall be added, namely:- “Provided further that the forest offence in respect of which the seizure has been made under sub-section
(1) may be compounded under section 68 of the Act, if it is established on record that person(s) committing the offence and the machinery, arms, tools, boats, cattle, vehicle, ropes, chains or any other article seized under sub-section (1) and the person who may have some interest in such property seized have not been involved in the commission of any forest offence under the Act prior to this offence.”.
(5) In section 68,-
(i) the existing heading shall be substituted by the following heading, namely:- “68. Power to compound offences and impose penalties.-”;
(ii) for the existing word “and” occurring in clause (a) of sub-section (1), the word “or” shall be substituted;
(iii) after the clause (a) of sub-section (1) so amended, the following new clause shall be inserted, namely:- “(aa) to accept from any person a sum of money by way of penalty or compensation for violation of subsection (1-B) of section 26 or subsection (1-B) of section 33, and”.
(6) The existing section 87 shall be deleted.
2. 1955 3 The Rajasthan For the existing section 86, the following shall be 4 Tenancy Act, 1955 substituted, namely:- “86. Penalties of unlawful removal.-Whoever contravenes all or any of the provisions of section 83 or section 84 or any of the terms, conditions or restrictions of a licence granted thereunder shall be liable to a penalty which may be imposed by an Assistant Collector on an application or a report made to him-
(a) in the case of a first contravention:
(i) where a tree has been removed, to a penalty which may extend to one thousand rupees for each tree that has been removed; and
(ii) in other case, to a penalty which may extend to one thousand rupees; and
(b) in the case of a second or subsequent contravention, to a penalty which may extend to double the amount of penalty that can be imposed under clause (a), and any tree or timber thereof in respect of which such contravention shall have been committed may be forfeited to the State Government.”.
3. 1956 26 The Rajasthan Regulation of Boating Act, 1956
(1) In section 10, for the existing expression “if the licensee has been guilty of”, the expression “if it is found that the licensee has ever been penalised under section 14 for” shall be substituted.
(2) In clause (f) of sub-section (1) of section 12, for the existing punctuation mark “.” appearing at the end, the words “; or” shall be substituted and after clause (f) so amended, the following new clause shall be inserted, namely:- “(g) imposition of any penalty under section 14 or compounding of contravention under section 14A.”.
(3) For the existing section 14, the following shall be substituted, namely:- “14. Penalty.- (1) Whoever commits or abets, or attempts to commit a contravention of any of the provisions of this Act, or charges any fares contrary to the provisions of any notification issued under section 13 for the time being in force, shall be liable to pay a penalty which may extend to fifty thousand rupees, as may be imposed by the authority prescribed in the rules.
(2) The penalty imposed under sub-section (1) shall be recoverable as arrears of land revenue.”.
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(4) After section 14 so amended, the following new section shall be inserted, namely:- “14A. Compounding of contraventions.-
(1) The authority may either before or after the institution of proceedings, compound any contravention under this section on payment of such sum, not exceeding the maximum amount of penalty imposable, as may be prescribed.
(2) The manner of imposing penalty and compounding of contravention shall be such as may be prescribed.”.
(5) In sub-section (2) of section 16,-
(i) in clause (b), the existing word “and” appearing at the end, shall be deleted;
(ii) in clause (c), for the existing punctuation mark “.” appearing at the end, the punctuation mark “;” shall be substituted and after clause
(c) so amended, the following new clauses shall be inserted, namely:- “(d) the authority competent to impose administrative penalties or to compound contraventions;
(e) the procedure for compounding and the amount payable; and
(f) the classification of contraventions and the scale of penalties applicable thereto.”.
4. 1958 48 The Rajasthan Warehouses Act, 1958
(1) In sub-section (1) of section 29, after the existing expression “any orders passed under section 17” and before the existing expression “shall be made to such authority”, the expression “or any order passed under section 32 imposing penalty” shall be inserted.
(2) For the existing section 32, the following shall be substituted, namely:- “32. Penalty and procedure.- (1) Whoever-
(a) acts, or holds himself out, as a licensed warehouseman without having obtained a licence under this Act; or
(b) knowingly contravenes or fails to comply with any of the provisions or requirements of this Act or the rules made thereunder, shall be liable to a penalty which may extend to fifty thousand rupees, as may be imposed by the prescribed authority after giving a reasonable opportunity of being heard.
(2) Where a contravention under sub-section 6
(1) is committed by a company or an association or a body of persons, whether incorporated or not, the person responsible for the conduct of its business shall be deemed to be liable to the penalty unless such person proves that the such contravention was committed without his knowledge or despite due diligence.”.
5. 1961 25 The Rajasthan State Aid to Industries Act, 1961
(1) In section 6, the existing sub-section (4), shall be substituted by the following, namely:- “(4) If any person-
(a) fails, without sufficient cause, to comply with an order issued under sub-section
(1); or
(b) knowingly discloses or allows to be disclosed any information in contravention of sub-section (3), he shall be liable to a monetary penalty which may extend to fifty thousand rupees, as may be imposed by the competent authority authorised by the State Government:
Provided that no such penalty shall be imposed without giving the person concerned a reasonable opportunity of being heard.”.
(2) After the existing section 8, the following new section 9 shall be added, namely:- “9. Act to be in addition to any other law.- The provisions of this Act shall be in addition to, and not in derogation of, the provisions of any other law for the time being in force.”.
6. 1962 12 The Rajasthan Electricity (Duty) Act, 1962
(1) In section 9,-
(i) in sub-section (1), for the existing expression “,on conviction before a Magistrate, to a fine not exceeding two hundred rupees:”, the expression “to a penalty not exceeding five hundred rupees.” shall be substituted;
(ii) in sub-section (1), the existing proviso shall be deleted;
(iii) in sub-section (2), for the existing expression “, on conviction before a Magistrate, to a fine not exceeding Rs. 1000/-.”, the expression “to a penalty not exceeding two thousand rupees.” shall be substituted;
(iv) in sub-section (2), the existing proviso shall be deleted;
(v) after the existing sub-section (2) so amended, the following new sub-sections shall be added, 7 namely:- “(3) Where any contravention as specified in sub-section (1) and (2) is committed by a company, every officer who at the time of commission of such contravention was in charge of and was responsible to the company for the conduct of the business of the company, as well as the company shall be deemed to be responsible for commission of such contravention and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act if he proves that the contravention was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
(4) Notwithstanding anything contained in sub-section (3), where any contravention specified in sub-section (1) and (2) has been committed by a company and it is proved that the contravention has been committed with the consent or connivance of or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be responsible of that contravention and shall be liable to be proceeded against and punished accordingly.
Explanation.- For the purpose of subsections (3) and (4),-
(a) “company” means a body corporate and includes a firm or other association of individuals; and
(b) “director” in relation to a firm means a partner in the firm.
(5) Penalty under this section may be imposed by the Commissioner or any officer authorised in this behalf by the State Government.
(6) No penalty under this section shall be imposed unless a reasonable opportunity of being heard is afforded to the person concerned.”.
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(2) The existing section 9A shall be deleted.
7. 1964 1 The Rajasthan Money Lenders Act, 1963
(1) For the existing section 40, the following shall be substituted, namely:- “40. Penalty for contravention of section 5, sub-sections (1), (2), (3) of section 22, sections 23, 30 and 37.- Whoever fails to comply with, or acts in contravention of, any provision contained in section 5, sub-sections (1), (2), (3) of section 22, sections 23, 30 and 37 shall be liable-
(a) for the first contravention, to a penalty which may extend to twenty-five thousand rupees, subject to rules as may be prescribed,
(b) for the second or subsequent contravention, to a penalty which may extend to fifty thousand rupees, subject to rules as may be prescribed.”.
(2) The existing section 42 shall be substituted by the following, namely:- “42. Cognizance of certain offence.-No court shall take cognizance of an offence under this Act except on a complaint made by the Registrar.”.
(3) In section 43,-
(i) in the existing second column of the table of sub-section (1), the figure “40” wherever occurred, shall be deleted;
(ii) the existing sub-section (2) shall be substituted by the following, namely:- “(2) The Registrar may, either before or after the institution of proceedings for the offence punishable under sub-section (4) or sub-section (5) of section 22, section 29, section 38 and section 39, accept amount from any person charged with such offence by way of composition of the offence committed.”.