“34. Penalty for failure to discharge duties of Secretary.- (1) Where any person fails to comply with the provisions of sub-section (3) of section 9 or section 12 or, where such failure is committed by an association, every member of the managing committee responsible for such failure, shall be liable to pay an administrative penalty which may extend to two lakh rupees:
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Provided that such member of the managing committee, who has not participated in it or, who has not agreed upon such decision, shall not be liable to any penalty under this section.
(2) The penalties under this section shall be imposed by the Competent Authority after giving the person or association a reasonable opportunity of being heard.”.
9. 1998 14 The Rajasthan Stamp Act, 1998
(1) The existing title of CHAPTER VII “Criminal Offences and Procedure”, shall be substituted by the following, namely:- “Penalty, Criminal Offences and Procedure”.
(2) In section 73,-
(i) in sub-section (1), for the existing expression “shall for every such offence be punishable with fine which may extend to five thousand rupees”, the expression “shall for every such violation be liable for penalty which may extend to five thousand rupees” shall be substituted;
(ii) in sub-section (2), for the existing expression “shall be punishable with fine which may extend to five thousand rupees.”, the expression “shall be liable for penalty which may extend to five thousand rupees.” shall be substituted.
(3) In section 74, for the existing expression “shall be punished with fine which may extend to one thousand rupees.”, the expression “shall be liable for penalty which may extend to one thousand rupees.” shall be substituted.
(4) In section 78, for the existing expression “shall be punishable with fine which may extend to two thousand rupees.”, the expression “shall be liable for penalty which may extend to two thousand rupees.” shall be substituted.
(5) In section 79, for the existing expression “shall be punishable with fine which may extend to one thousand rupees”, the expression “shall be liable for penalty which may extend to one thousand rupees” shall be substituted.
(6) The existing section 81 shall be substituted by the following, namely:- “81. Penalty for breach of provisions of section 85.- Any person who commits a breach of the provisions of section 85 shall be liable for 10 penalty as under,-
(i) for a first breach with penalty which may extend to five hundred rupees;
(ii) for a second breach with penalty which may extend to one thousand rupees, but which shall not be less than two hundred rupees; and
(iii) for a third and subsequent breach with penalty which may extend to two thousand rupees.”.
(7) In section 82, for the existing expression “shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both.”, the expression “shall be liable for penalty which may extend to five thousand rupees.” shall be substituted.
(8) In section 83,-
(i) the existing heading “83. Institution and conduct of prosecutions.-” shall be substituted by the following, namely:- “83. Imposition of Penalty, Institution and conduct of prosecutions.-”;
(ii) after the existing sub-section (3), the following new sub-section (4) shall be added, namely:- “(4) No penalty under Chapter VII shall be imposed by an officer not below the rank of Collector.”.
(9) In sub-section (1) of section 87, for the existing expression “the fines, which shall in no case exceed five thousand rupees,” the expression “the fines or penalties which shall in no case exceed five thousand rupees except as otherwise provided in the Act,” shall be substituted.
10. 2009 18 The Rajasthan Municipalities Act, 2009
(1) In sub-section (2) of section 126, for the existing expression “upon conviction to a fine, which may extend to one thousand rupees.”, the expression “to a penalty which may extend to one thousand rupees.” shall be substituted.
(2) In section 169,-
(i) in sub-section (2), for the existing expression “, on conviction, be punished with fine which may extend to five thousand rupees, and when the non-compliance is a continuing one, with a further fine which may extend to five hundred rupees for every 11 day after the date of the service of the notice during which the non-compliance has continued or continues.”, the expression “be liable to a penalty which may extend to five thousand rupees, and when the noncompliance is a continuing one, with a further penalty which may extend to five hundred rupees for every day after the date of the service of the notice during which the non-compliance has continued or continues.” shall be substituted;
(ii) in sub-section (4), for the existing expression “, on conviction, be punishable with fine which may extend to five thousand rupees and in case of continuing offence, with a further fine which may extend to two hundred rupees for every day during which such offence continues after the conviction for the first commission of the offence.”, the expression “be liable to a penalty which may extend to five thousand rupees and in case such act continues, with a further penalty which may extend to two hundred rupees for every day during which such act continues.” shall be substituted.
(3) In sub-section (5) of section 171, for the existing expression “, on conviction, be punished with fine which may extend to five thousand rupees, and when the non-compliance is a continuing one, with a further fine which may extend to two hundred rupees for every day after the date of the service of the notice during which the non-compliance has continued or continues.”, the expression “be liable to a penalty which may extend to five thousand rupees, and when the non-compliance is a continuing one, with a further penalty which may extend to two hundred rupees for every day after the date of the service of the notice during which the non-compliance has continued or continues.” shall be substituted.
(4) In sub-section (4) of section 183, for the existing expression “punishable on conviction with fine which shall not be less than two thousand rupees but which may extend to five thousand rupees”, the expression “liable to a penalty which shall not be less than two thousand rupees but which may extend to five thousand rupees” shall be substituted.
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(5) In sub-section (2) of section 189, for the existing expression “punished with fine which shall not be less than one thousand rupees but which may extend to two thousand rupees and with a further fine which shall not be less than fifty rupees but which may extend to one hundred rupees for every day or, night, as the case may be, on which such contravention continues after the date of the first conviction.”, the expression “liable to a penalty which shall not be less than one thousand rupees but which may extend to two thousand rupees and with a further penalty which shall not be less than fifty rupees but which may extend to one hundred rupees for every day or, night, as the case may be, on which such contravention continues.” shall be substituted.
(6) In clause (b) of sub-section (9) of section 194, for the existing expression “, on conviction by a competent Court, be punished with fine which shall not be less than thirty thousand rupees but which may extend to fifty thousand rupees and in case of a continuing contravention, with fine of five hundred rupees for each day of contravention, till such contravention continues.”, the expression “be liable to a penalty which shall not be less than thirty thousand rupees but which may extend to fifty thousand rupees and in case of a continuing contravention, with penalty of five hundred rupees for each day of contravention, till such contravention continues.” shall be substituted.
(7) In sub-section (2) of section 196, for the existing expression “punishable with fine which may extend to fifty thousand rupees.”, the expression “liable to a penalty which may extend to fifty thousand rupees.” shall be substituted.
(8) In sub-section (2) of section 197, for the existing expression “punished with fine which shall not be less than one thousand rupees but which may extend to two thousand rupees and with further fine which shall not be less than fifty rupees but which may extend to one hundred rupees for every day or night, as the case may be, on which such contravention continues after the date of the first conviction.”, the expression “liable to a penalty which shall not be less than one thousand rupees but which may extend to two thousand rupees and with further penalty which shall not be less than fifty rupees but which may extend to one hundred rupees for every 13 day or night, as the case may be, on which such contravention continues after the date of the first contravention penalised.” shall be substituted.
(9) In sub-section (4) of section 202, for the existing expression “, on conviction, be punished with a fine which shall not be less than two thousand rupees but which may extend to five thousand rupees.”, the expression “be liable to a penalty which shall not be less than two thousand rupees but which may extend to five thousand rupees.” shall be substituted.
(10) In sub-section (4) of section 209, for the existing expression “punished, on conviction, with fine which shall not be less than ten thousand rupees but which may extend to twenty thousand rupees in case of non-compliance of the orders or directions of the Chief Municipal Officer.”, the expression “liable to a penalty which shall not be less than ten thousand rupees but which may extend to twenty thousand rupees in case of non-compliance of the orders or directions of the Chief Municipal Officer.” shall be substituted.
(11) In section 254, for the existing expression “on conviction to fine which shall not be less than one thousand rupees but which may extend to two thousand rupees and in the case of a continuing breach to a further fine which shall not be less than fifty rupees but which may extend to one hundred rupees for every day after the date of the first conviction during which the offender is proved to have persisted in the commission of the offence.”, the expression “to a penalty which shall not be less than one thousand rupees but which may extend to two thousand rupees and in the case of a continuing breach to a further penalty which shall not be less than fifty rupees but which may extend to one hundred rupees for every day after the date of the contravention for which he has been penalised.” shall be substituted.
(12) In section 259, for the existing expression “punishable with fine which shall not be less than five thousand.”, the expression “liable to a penalty which shall not be less than five thousand rupees.” shall be substituted.
(13) In sub-section (1) of section 260, for the existing expression “punished with fine which shall not be less than one thousand rupees but which may 14 extend to two thousand rupees and with further fine which shall not be less than fifty rupees but which may extend to one hundred rupees for every day on which the failure to comply with the said notice is continued after the date of the first conviction.”, the expression “liable to a penalty which shall not be less than one thousand rupees but which may extend to two thousand rupees and with further penalty which shall not be less than fifty rupees but which may extend to one hundred rupees for every day on which the failure to comply with the said notice is continued after the date of first failure penalised.” shall be substituted.
(14) In clause (b) of section 262, for the existing expression “punished with fine which shall not be less than one thousand rupees but which may extend to two thousand rupees.”, the expression “liable to a penalty which shall not be less than one thousand rupees but which may extend to two thousand rupees.”, shall be substituted.
(15) In section 266, for the existing expression “punishable with fine which shall not be less than one hundred rupees but which may extend to five hundred rupees.”, the expression “liable to a penalty which shall not be less than one hundred rupees but which may extend to five hundred rupees.” shall be substituted.
(16) In sub-section (2) of section 267, for the existing expression “punishable with fine which shall not be less than one thousand rupees but which may extend to two thousand rupees.”, the expression “liable to a penalty which shall not be less than one thousand rupees but which may extend to two thousand rupees.” shall be substituted.
(17) In sub-section (2) of section 268, for the existing expression “punished with fine which shall not be less than one thousand rupees but which may extend to two thousand rupees, and upon any subsequent conviction, which shall not be less than two thousand rupees but which may extend to five thousand rupees:”, the expression “liable to a penalty which shall not be less than one thousand rupees but which may extend to two thousand rupees, and if after the imposition of the penalty the same person does any act in contravention of aforementioned directions, he shall be liable to a penalty which shall not be less than 15 two thousand rupees but which may extend to five thousand rupees:” shall be substituted.
(18) In sub-section (4) of section 278, for the existing expression “punishable with fine which shall not be less than one thousand rupees but which may extend to two thousand rupees”, the expression “liable to a penalty which shall not be less than one thousand rupees but which may extend to two thousand rupees” shall be substituted.
(19) In sub-section (5) of section 280, for the existing expression “punishable with fine which shall not be less than one thousand rupees but which may extend to two thousand rupees.”, the expression “liable to a penalty which shall not be less than one thousand rupees but which may extend to two thousand rupees.” shall be substituted.
(20) In section 291, for the existing expression “on conviction to fine which shall not be less than two thousand rupees but which may extend to five thousand rupees.”, the expression “to a penalty which shall not be less than two thousand rupees but which may extend to five thousand rupees.” shall be substituted.
11. 2018 24 The Jaipur Water Supply and Sewerage Board Act, 2018
(1) In sub-section (4) of section 59, for the existing expression “on conviction be punished with, simple imprisonment which shall not be less than one month but which may extend to one year or a daily fine of rupees one thousand per day or maximum of rupees ten thousand.”, the expression “be liable to a penalty which shall not be less than rupees one thousand per day or maximum of rupees ten thousand.” shall be substituted.
(2) In section 60, for the existing expression “on conviction be punished with simple imprisonment which shall not be less than one month but which may extend to one year or with a daily fine of rupees two hundred per day upto a maximum of rupees one thousand.”, the expression “be liable to a penalty which shall not be less than rupees two hundred per day upto a maximum of rupees one thousand.”, shall be substituted.
(3) In section 61, for the existing expression “on conviction, be punished with simple imprisonment which shall not be less than one month but which may extend to one year or with a daily fine of rupees one thousand per day upto a maximum of rupees ten 16 thousand.”, the expression “be liable to a penalty which shall not be less than rupees one thousand per day upto a maximum of rupees ten thousand.” shall be substituted.
(4) In section 62, for the existing expression “on conviction be punished with, simple imprisonment which shall not be less than one month but which may extend to one year or with a daily fine of rupees one thousand per day upto a maximum of rupees ten thousand.”, the expression “be liable to a penalty which shall not be less than rupees one thousand per day upto a maximum of rupees ten thousand.” shall be substituted.
(5) In section 63, for the existing expression “on conviction be punished with, simple imprisonment which shall not be less than one month but which may extend to one year or with a daily fine of rupees two hundred per day upto a maximum of rupees one thousand.”, the expression “be liable to a penalty which shall not be less than rupees two hundred per day upto a maximum of rupees one thousand.” shall be substituted.
(6) In section 64, for the existing expression “on conviction be punished with simple imprisonment which shall not be less than one month but which may extend to one year or with a daily fine of rupees two hundred per day upto a maximum of rupees one thousand.”, the expression “be liable to a penalty which shall not be less than rupees two hundred per day upto a maximum of rupees one thousand.” shall be substituted.
(7) In section 66, for the existing expression “on conviction be punished with simple imprisonment which shall not be less than one month but which may extend to one year or upto a maximum fine of rupees ten thousand.”, the expression “be liable to a penalty which may extend upto a maximum of rupees ten thousand.” shall be substituted.
(8) For the existing section 69, the following shall be substituted, namely:- “69. General provision for penalty.– (1) Whoever contravenes any of the provisions of this Act or the rules and regulations made thereunder, for which no specific penalty is provided for, shall be liable,-
(a) for the first contravention, for a penalty 17 which may extend upto a maximum of five thousand rupees; and
(b) for a second or any subsequent contravention, for a penalty which shall not be less than ten thousand rupees but which may extend upto one lakh rupees.
(2) The power to impose penalties under this section and under sections 59, 60, 61, 62, 63, 64 and 66 shall vest in such officer as may be designated by the State Government, by notification in the Official Gazette.”.
राघवेन्दर््काछवाल, Principal Secretary to the Government.