AI OCR 
TaxTMI 
TaxTMI 
TaxTMI 
Amendment of certain enactments
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....e newspaper continuously. Explanation.-For the removal of doubts, it is hereby clarified that if a newspaper publishes less than half of its issues, as are required to be published under rule (6) of section 5, such newspaper shall be deemed to have failed to publish continuously; or (b) the publisher of a newspaper has given false particulars in the annual statement; or (c) the publisher of a newspaper has failed to furnish the annual statement within two years from the end of the financial year for which the annual statement was to be furnished. (2) The Press Registrar may, by order, cancel the certificate of registration where- (i) a newspaper has ceased publication for a period exceeding twenty-four months; (ii) the publisher of a newspaper fails to furnish the annual statement even after the expiry of the period during which the certificate of registration was suspended under clause (c) of sub-section (1); (iii) the registration was obtained on false representation or on concealment of any material fact; (iv) the title of the newspaper bears the same or similar title already held by any other owner of ....
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....o penalty not exceeding ten thousand rupees.". (E) Section 19L shall be omitted. 2. 1898 6 The Indian Post Office Act, 1898 Chapter X shall be omitted. 3. 1923 5 The Boilers Act, 1923 (A) In section 22,- (a) in clause (iii), for the word and figures "section 16,", the words and figures "section 16; or" shall be substituted; (b) after clause (iii), the following clause shall be inserted, namely:- "(iv) to report an accident to a boiler or boiler component when so required under section 18,"; (c) in the long line, for the words "punishable with fine", the words "liable to penalty" shall be substituted. (B) For section 23, the following section shall be substituted, namely:- "23. Penalties for illegal use of boiler.-Any owner of a boiler who- (a) in any case in which a certificate or provisional order is required for the use of the boiler under this Act, uses the boiler either without any such certificate or order being in force or at a higher pressure than that allowed thereby; or (b) uses or permits to be used a boiler which has been transferred from one State to another without such t....
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.... as may be prescribed by the State Government or the Central Government, as the case may be. (2) An appeal may be admitted after the expiry of the period of sixty days if 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.". (F) In section 27, the words "Presidency Magistrate or a" shall be omitted. (G) In section 28A, in sub-section (1A), after clause (c), the following clauses shall be inserted, namely:- "(ca) the manner of holding inquiry and imposing penalty under sub-section (1) of section 26A; (cb) the form and manner of preferring appeal under sub-section (1) of section 26B;". (H) In section 29, in sub-section (1), after clause (h), the following clauses shall be inserted, namely:- "(ha) the manner of holding inquiry and imposing penalty under sub-section (1) of section 26A; (hb) the form and ma....
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....to accept from any person a sum of money by way of penalty or compensation for violation of sub-section (1A) of section 26 or sub-section (1A) of section 33; and". 5. 1937 1 The Agricultural Produce (Grading and Marking) Act, 1937 (A) In section 3, in sub-section (2), after clause (g), the following clauses shall be inserted, namely:- "(ga) holding inquiry and imposing penalty under sub-section (1) of section 5C; (gb) preferring appeal under sub-section (1) of section 5D;". (B) In section 4, for the words "punishable with imprisonment for a term not exceeding six months and fine not exceeding five thousand rupees", the words "liable to penalty not exceeding five lakh rupees" shall be substituted. (C) In section 5, for the words "punishable with imprisonment for a term not exceeding three years and fine not exceeding five thousand rupees", the words "liable to penalty not exceeding fifteen lakh rupees" shall be substituted. (D) In section 5A, for the words "punishable with imprisonment for a term not exceeding six months and fine not exceeding five thousand rupees", the words "liable to penalty not exceeding three lakh rupees" shall be subst....
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....cer under section 5C or order of the Agricultural Marketing Adviser under section 5D, as the case may be, is not deposited, the amount shall be recovered as an arrear of land revenue.". 6. 1940 23 The Drugs and Cosmetics Act, 1940 (A) In section 29, for the words "punishable with fine which may extend to five thousand rupees", the words "liable to penalty which may extend to one lakh rupees" shall be substituted. (B) In section 30, in sub-section (2), for the words "imprisonment which may extend to two years, or with fine which shall not be less than ten thousand rupees, or with both", the words "fine which shall not be less than five lakh rupees" shall be substituted. (C) In section 32B, in sub-section (1), after the words and figures "of section 13,", the words, brackets, letters and figures "clause (d) of section 27 and clause (ii) of section 27A," shall be inserted. 7. 1944 18 The Public Debt Act, 1944 Section 27 shall be omitted. 8. 1947 24 The Rubber Act, 1947 (A) In section 11, in sub-section (3), for the words "imprisonment for a term which may extend to one year or with fine or with both", the words and figures "penalty wh....
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.... (1) of section 43A; (j) the form and manner of preferring appeal under sub-section (2) of section 43A.". (B) In section 26A, in sub-section (3), for the words "punishable with imprisonment for a term which may extend to six months, or with fine not exceeding one thousand rupees, or with both", the words "liable to penalty which may extend to one lakh rupees" shall be substituted. (C) In section 41, for sub-section (1), the following sub-section shall be substituted, namely:- "(1) If any person whose name is not for the time being entered in the register of the State falsely pretends that it is so entered or uses in connection with his name or title any words or letters reasonably calculated to suggest that his name is so entered, he shall be punishable on first conviction with fine which may extend to one lakh rupees and on subsequent conviction with imprisonment which may extend to three months or with fine not exceeding two lakh rupees, or with both: Provided that it shall be a defence if the name of the person is entered in the register of another State and that at the time of claim, an application for registration in the State had been made.". ....
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....judicating 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, he is satisfied that the person concerned has failed to comply with the provisions of this Act, he may impose such penalty as he thinks fit in accordance with the provisions of section 24: Provided that no such penalty shall be imposed without giving the person concerned a reasonable opportunity of being heard. 24B. Appeal.-(1) Whoever aggrieved by the order, passed by the adjudicating officer under section 24A, may prefer an appeal to an officer not below the rank of Joint Secretary to the Government of India, to be an appellate authority, within thirty days from the date of receipt of order, 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. ....
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....d in any place, a video film in contravention of the provisions of clause (a) or clause (b), he shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to ten lakh rupees, or with both, and in the case of a continuing offence with a further fine which may extend to one lakh rupees for each day during which the offence continues; (d) exhibits or permits to be exhibited any film, which has been certified by the Board as ''A'' within the meaning of this Act to any minor, such person shall be liable to penalty not exceeding ten thousand rupees per person for every such exhibition, levied by the authorised officer in such manner as may be prescribed; (e) exhibits or permits to be exhibited any film, which has been certified by the Board as ''S'' within the meaning of this Act, to a person who is not a member of such profession or class, shall be liable to penalty not exceeding ten thousand rupees per person for every such exhibition, levied by the authorised officer in such manner as may be prescribed; (f) fails to comply with the provisions contained in section 6A or with any order made by the Central Gov....
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.... be revoked by the licensing authority. (2) Where the holder of a licence has been imposed penalty for contravention under clauses (d) to (f) of sub-section (1) of section 7 or section 14, the licence may be suspended by the licensing authority for a period not exceeding thirty days: Provided that in cases of more than three contraventions over a period of three years, the licensing authority, may, for the reasons to be recorded in writing, by order, revoke the licence: Provided further that no order under this section shall be made without giving the holder of the licence a reasonable opportunity of being heard.". 12. 1953 29 The Tea Act, 1953 (A) Sections 38 to 40 shall be omitted. (B) In section 41, in sub-section (1), for the words "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 words "liable to penalty which may extend to fifty thousand rupees" shall be substituted. (C) In section 42, for the words "punishable with imprisonment which may extend to six months, or with fine which may extend to five thousand rupees, or with both, and ....
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.... penalties under column 4, shall, respectively be substituted, in the manner as provided, namely:- Serial No. Offences Section of this Act to which offence has reference Penalties 1 2 3 4 16 "Penalty which may extend to two lakh rupees." 29 "Penalty which may extend to two lakh rupees." 35 "Penalty which may extend to two lakh rupees." 43 "Penalty which may extend to two lakh rupees." 44 "Penalty which may extend to fifty thousand rupees." 57(a) "He shall be liable to forfeit all or any part of the property he leaves on board and of the wages he has then earned and also if the desertion takes place at any place not in India, to forfeit all or any part of the wages which he may earn in any other ship in which he may be employed until his next return to India, and to satisfy any excess of wages paid by the master or owner of the ship from which he deserts to any substitute engaged in his place at a higher rate of wages than the rate stipulated to be paid to him." 57(b) &n....
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....der this section shall be imposed unless the parties have been given a reasonable opportunity of being heard. (4) Whoever aggrieved by an order of the Principal Officer under sub-section (3), may, within a period of thirty days from the date of receipt of such order, prefer an appeal before the Director-General in such form and manner as the Central Government may prescribe. (5) The Director-General may, after giving the parties an opportunity of being heard, within a period of thirty days from the date of receipt of the appeal under sub-section (4), pass appropriate order. (6) Any contravention of the provisions of this Act for which penalty has been prescribed may be compounded for the first contravention by the Principal Officer referred to in sub-section (3) or such other Officer as may be notified by the Central Government in the Official Gazette in this behalf: Provided that where any such contravention has been compounded, the sum shall not, in any case, exceed the maximum amount of the penalty which may be imposed for such contravention. (7) Notwithstanding anything contained in this Act, if penalty imposed by the Principal ....
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....in the same manner as if it were a decree made by the court in a civil suit. (6) No complaint shall be filed against any person in any court of law in respect of any contravention or default in respect of which any penalty has been imposed by the Corporation under sub-section (2). (7) Where any complaint has been filed against any person in any court in respect of any contravention or default of the nature referred to in sub-section (1), then, no proceedings for the imposition of any penalty on the person shall be initiated under sub-section (2).". 16. 1962 58 The Warehousing Corporations Act, 1962 Section 38 shall be omitted. 17. 1964 37 The Food Corporations Act, 1964 Section 41 shall be omitted. 18. 1970 39 The Patents Act, 1970 (A) In section 120, for the words "he shall be punishable with fine which may extend to one lakh rupees", the words "he shall be liable to penalty which may extend to ten lakh rupees, and in case of the continuing claim, a further penalty of one thousand rupees for every day after the first during which such claim continues" shall be substituted. (B) Section 121 shall be omi....
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....ithin that period. (4) No appeal shall be disposed of unless the appellant has been given a reasonable opportunity of being heard. (5) The appellate authority referred to in sub-section (1) shall dispose of the appeal within sixty days from the date of filing the appeal. (6) Notwithstanding anything contained in this Act, if the person fails to comply with the order of the adjudicating officer under section 124A or the order of the appellate authority under this section, as the case may be, within ninety days of such order, he shall, in addition to the penalty, be punishable with fine of one lakh rupees or imprisonment for a term which may extend to one year, or with both.". (F) In section 159, in sub-section (2), after clause (xiii), the following clauses shall be inserted, namely:- "(xiiia) the manner of holding inquiry and imposing penalty under section 124A; (xiiib) the form and manner of preferring appeal under sub-section (2) of section 124B;". 19. 1972 13 The Marine Products Export Development Authority Act, 1972 (A) In section 20, in sub-section (3), for the words "be punishable with imprisonment for a term whic....
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.... Authority or any other officer authorised by the Central Government, as the case may be, to be an adjudicating officer for holding an inquiry and imposing penalty under the provisions of this Act, in the manner as may be prescribed, after giving the person concerned a reasonable opportunity of being heard. (2) Whoever is aggrieved by an order of the adjudicating officer may prefer an appeal to the Chairman, within a period of sixty days from the date of receipt of such order in such form and manner as may be prescribed. (3) An appeal may be admitted after the expiry of the period of sixty days if the appellant satisfies the Chairman that he had sufficient cause for not preferring the appeal within that period. (4) No appeal shall be disposed of unless the appellant has been given a reasonable opportunity of being heard. (5) The appellate authority referred to in sub-section (2) shall dispose of the appeal within sixty days from the date of filing. (6) The amount of penalty imposed under sub-section (1), if not paid, shall be recovered as an arrear of land revenue.". (D) In section 33, in sub-section (2), after clause (q), the followi....
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....ection (1), he shall be liable to additional penalty of ten thousand rupees for every day during which such contravention continues. 38. Penalties for certain acts.-(1) Whoever- (a) destroys, pulls down, removes, injures or defaces any pillar, post or stake fixed in the ground or any notice or other matter put up, inscribed or placed, by or under the authority of the Board; (b) obstructs any person acting under the orders or directions of the Board from exercising his powers and performing his functions under this Act; (c) damages any works or property belonging to the Board; (d) fails to furnish to the Board or any officer or other employee of the Board any information required by the Board or such officer or other employee for the purposes of this Act; (e) fails to intimate the occurrence of the emission of air pollutants into the atmosphere in excess of the standards laid down by the State Board or the apprehension of such occurrence, to the State Board and other prescribed authorities or agencies as required under sub-section (1) of section 23; (f) fails in giving any information which he is required to give under t....
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....n 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, he is satisfied that the person concerned has contravened the provisions of this Act, he may determine such penalty as he thinks fit under the provisions of sections 37, 38, 38A or 39, as the case may be: Provided that no such penalty shall be imposed without giving the person concerned a reasonable opportunity of being heard. (3) The amount of penalty imposed under the provisions of sections 37, 38, 38A and 39, shall be in addition to the liability to pay relief or compensation under section 15 read with section 17 of the National Green Tribunal Act, 2010 (19 of 2010). 39B. Appeal.-(1) Whoever aggrieved by the order passed by the adjudicating officer under sections 37, 38, 38A or 39, may prefer an appeal to the National Green Tribunal established under section 3 of the National Green Tribunal Act, 2010 (19 of 2010). (2) Every appeal under sub-section (1) shall be f....
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....in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of such offence and he 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 sub-section (1) or sub-section (2) or sub-section (3), if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (5) Notwithstanding anything contained in sub-section (4), where an offence has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.-For the purposes of this section,- (a) "company" includes body corporate, firm, trust, society and any othe....
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....icate specifying the sum payable by the person and every such certificate shall be enforceable in the same manner as if it were a decree made by the court in a civil suit. (6) No complaint shall be filed against any person in any court relating to any contravention or default in respect of which any penalty has been imposed by the National Bank under sub-section (2). (7) Where any complaint has been filed against any person in any court in respect of the contravention or default of the nature referred to in sub-section (1), then, no proceedings for the imposition of any penalty on the person shall be initiated under sub-section (2).". 23. 1986 10 The Spices Board Act, 1986 (A) In section 26, for the words "punishable with fine which may extend to five hundred rupees", the words "liable to penalty which may extend to fifty thousand rupees and for subsequent failure, penalty which may extend to one lakh rupees" shall be substituted. (B) In section 27, in the long line, 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 ma....
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.... recovered as an arrear of land revenue.". (G) In section 38, in sub-section (2), after clause (m), the following clauses shall be inserted, namely:- "(ma) the manner of holding inquiry and imposing penalty under sub-section (1) of section 30A; (mb) the form and manner of preferring appeal under sub-section (2) of section 30A;". 24. 1986 29 The Environment (Protection) Act, 1986 (A) In section 2, after clause (c), the following clause shall be inserted, namely:- '(ca) "Fund" means the Environmental Protection Fund established under section 16;'. (B) In section 10, for sub-sections (2) to (4), the following sub-sections shall be substituted, namely:- "(2) Every person carrying on any industry, operation or process of handling any hazardous substance shall render assistance, as may be required, to the person empowered by the Central Government under sub-section (1) for carrying out the functions under that sub-section and if he fails to do so without any reasonable cause, he shall be liable to penalty provided under section 14B. (3) If any person willfully delays or obstructs any person empowered by the Central....
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.... any company contravenes any of the provisions of this Act, the company shall be liable to penalty for each such contravention which shall not be less than one lakh rupees but which may extend to fifteen lakh rupees. (2) Where any company continues contravention under sub-section (1), the company shall be liable to additional penalty of one lakh rupees for every day during which such contravention continues. 15B. Penalty for contravention by Government Department.-(1) Where contravention of any of the provision of this Act has been committed by any Department of the Central Government or the State Government, the Head of the Department shall be liable to penalty equal to one month of his basic salary: Provided that he shall not be liable for such contravention, if he proves that the contravention was committed without his knowledge or instructions or that he exercised all due diligence to prevent such contravention. (2) Where any contravention under sub-section (1) is attributable to any neglect on the part of, any officer, other than the Head of the Department, the officer shall be liable to penalty equal to one month of his basic salary: ....
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.... the liability to pay relief or compensation under section 15 read with section 17 of the National Green Tribunal Act, 2010 (19 of 2010). 15D. Appeal.-(1) Whoever aggrieved by the order, passed by the adjudicating officer under this Act may prefer an appeal to the National Green Tribunal established under section 3 of the National Green Tribunal Act, 2010 (19 of 2010). (2) Every appeal under sub-section (1) shall be filed within sixty days from the date on which the copy of the order made by the adjudicating officer is received by the aggrieved person. (3) The Tribunal may, after giving the parties to the appeal an opportunity of being heard, pass such order as it thinks fit, confirming, modifying or setting aside the order appealed against. (4) Where an appeal is preferred against any order of the adjudicating officer under sub-section (1), such appeal shall not be entertained by the Tribunal unless such person has deposited with the Tribunal ten per cent. of the amount of the penalty imposed by the adjudicating officer. 15E. Penalty amount to be credited to Environmental Protection Fund.-Where any penalty or additional penalty, a....
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....al Protection Fund. (2) There shall be credited to the Fund- (a) the amount of penalty imposed under the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981), and under this Act; (b) the interest or other income received out of investments made from the Fund; and (c) any other amount from such sources, as may be prescribed. (3) The Fund shall be applied for- (a) the promotion of awareness, education and research for the protection of environment; (b) the expenses for achieving the objects and for purposes of the Air (Prevention and Control of Pollution) Act, 1981(14 of 1981) and under this Act; (c) such other purposes, as may be prescribed. (4) The Central Government shall notify the administrator for the administration of the Fund and other matters connected therewith and incidental thereto in such manner, as may be prescribed. (5) The Central Government shall allocate seventy-five per cent. of the amount of penalties to the State Governments or Union territory administrations, which has been credited to the Fund. 16A. Accounts and audit of Fund.- (1) The Central Governme....
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....r to take action against auditors.-Where any auditor fails to comply with any direction given or order made by the National Housing Bank or the Reserve Bank under section 33, the Reserve Bank may, after giving a reasonable opportunity of being heard, remove or debar the auditor from exercising the duties as auditor of any of the Reserve Bank regulated entities for a maximum period of three years, at a time.". (B) In section 49,- (i) sub-sections (2) and (2B) shall be omitted; (ii) in sub-section (3), clause (aa) shall be omitted; (iii) sub-section (4) shall be omitted. (C) In section 52A,- (I) in the marginal heading, for the word "fine", the word "penalty" shall be substituted; (II) in sub-section (1),- (i) in clause (a), for the words "five thousand", the words "twentyfive thousand" shall be substituted; (ii) in clause (b),- (a) the words, brackets and letters "or clause (aa)" shall be omitted; (b) for the words "five lakh", the words "ten lakh" shall be substituted; (c) for the words "twenty-five thousand", the words "one lakh" shall be substituted; (III) after sub-section (1....
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....nd to ten thousand rupees for every day, after the first, during which the contravention or default continues."; (IV) in sub-section (2),- (i) for the word, brackets and figure "sub-section (1)", the words "this section" shall be substituted; (ii) for the words "housing finance institution" at both the places where they occur, the words "person or housing finance institution" shall be substituted; (V) in sub-section (3),- (i) for the words "served on the housing finance institution", the words "served on the person or housing finance institution" shall be substituted; (ii) for the words "failure of such housing finance institution", the words "failure of such person or housing finance institution" shall be substituted; (iii) for the words "the area where the registered office", the words "the area where such person ordinarily resides or, as the case may be, the registered office" shall be substituted; (VI) in sub-section (4), after the words "payable by the", the words "person or" shall be inserted. 26. 1988 59 The Motor Vehicles Act, 1988 (A) In section 192A, in sub-section (1),- (i) fo....
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.... (ii) after clause (j), the following clause shall be inserted, namely:- "(k) words and expressions used and not defined in this Act but defined in the Transfer of Property Act, 1882 (4 of 1882), and the Environment (Protection) Act,1986 (29 of 1986), shall have the meanings respectively assigned to them in those Acts.". (B) In section 3, for sub-section (1), the following sub-section shall be substituted, namely:- "(1) Where death or injury to any person (other than a workman) or damage to any property has resulted from an accident, the owner shall be liable to reimburse such amount, or provide such other relief as may be prescribed, for- (a) death due to fatal accident; (b) medical expenses incurred due to total or partial disability; (c) loss of wages due to partial disability; (d) other injury or sickness; (e) damage to private property; or (f) such other loss or damage, as may be prescribed.". (C) In section 4,- (a) for sub-section (1), the following shall be substituted, namely:- "(1) Every owner of any undertaking shall take out, before he starts handling any hazardous subst....
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.... such other processes, of such hazardous substance, the Central Government may, on an application made by the Central Pollution Control Board or the State Pollution Control Board, as the case may be, allocate the fund from the Environmental Relief Fund for restoration of the damage so caused in the manner as may be prescribed.". (F) In section 7A, after sub-section (1), the following sub-section shall be inserted, namely:- "(1A) There shall be credited to the Relief Fund established under sub-section (1)- (a) the amount referred to in sub-section (2C) of section 4; (b) the amount of penalty imposed under this Act; (c) the interest or other income received out of investments made from the Fund; and (d) any other amount from such sources, as may be prescribed.". (G) For sections 14 and 15, the following sections shall be substituted, namely:- "14. Penalty for contravention.- (1) Where any person contravenes any of the provisions of sub-section (1), sub-section (2), sub-section (2A) or sub-section (2C) of section 4, he shall be liable to penalty equal to the amount of annual premium for insurance policy and may extend to twic....
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....-section (2C) of section 4 and section 12, he may determine such penalty as he thinks fit under the provisions of sections 14 and 15: Provided that no such penalty shall be imposed without giving the person concerned a reasonable opportunity of being heard. 15B. Appeal.-(1) Whoever aggrieved by the order, passed by the adjudicating officer under section 15A, may prefer an appeal to the National Green Tribunal established under section 3 of the National Green Tribunal Act, 2010 (19 of 2010). (2) Every appeal under sub-section (1) shall be filed within sixty days from the date on which the copy of the order made by the adjudicating officer is received by the aggrieved person. (3) The Tribunal may, after giving the parties to the appeal an opportunity of being heard, pass such order as it thinks fit, confirming, modifying or setting aside the order appealed against. (4) Where an appeal is preferred against any order of the adjudicating officer under sub-section (1), such appeal shall not be entertained by the Tribunal unless such person has deposited with the Tribunal ten per cent. of the amount of the penalty imposed by the adjudicating of....
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....nce was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (3) Notwithstanding anything contained in sub-section (2), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.-For the purposes of this section,- (a) "company" means any body corporate and includes a firm or other association of individuals; (b) "director" includes director of the company and in relation to a firm, a partner in the firm.'. (J) In section 23, in sub-section (2),- (i) for clause (a), the following clause shall be substituted, namely:- "(a) such amount under sub-section (2A) of section 4;"; (ii) after clause (e), the following clauses shall be ^2[inserted], namely:- "(ea) amount....
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.... namely:- "(db) the designated officer under sub-section (1) of section 16;". 30. 1999 47 The Trade Marks Act, 1999 (A) Section 106 shall be omitted. (B) In section 107, in sub-section (2), for the words "punishable with imprisonment for a term which may extend to three years, or with fine, or with both", the words "liable to penalty of a sum equal to one half per cent. of the total sales or turnover, as the case may be, in business or of the gross receipts in profession, as computed in the audited accounts of such person, or a sum equal to five lakh rupees, whichever is less" shall be substituted. (C) Sections 108 and 109 shall be omitted. (D) After section 112, the following ^3[sections] shall be inserted, namely:- "112A. Adjudication of penalties.- The Registrar may, by an order, authorise an officer referred to in section 3, to be adjudicating officer for holding an inquiry and imposing penalty under the provisions of this Act, in the manner as may be prescribed, after giving a reasonable opportunity of being heard. 112B. Appeal.-(1) Whoever aggrieved by an order of the adjudicating officer under section 112A may ....
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....under the provisions of this Act, in the manner as may be prescribed, after giving a reasonable opportunity of being heard. 37B. Appeal.-(1) Whoever aggrieved by an order of the adjudicating officer under section 37A may prefer an appeal to the appellate authority, who shall be an officer at least one rank above the adjudicating officer, within a period of sixty days from the date of receipt of the order, as the Central Government may by notification authorise in this behalf. (2) Every appeal under this section shall be preferred in such form and manner as may be prescribed. (3) An appeal may be admitted after the expiry of the period of sixty days if the appellant satisfies the appellate authority that he had sufficient cause for not preferring the appeal within that period. (4) No appeal shall be disposed of unless the appellant has been given a reasonable opportunity of being heard. (5) The appellate authority referred to in sub-section (1) shall dispose of the appeal within sixty days from the date of filing. (6) Notwithstanding anything contained in this Act, if the person fails to comply with the order of the adjudicating ....
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.... rupees, by any other person.". (D) In section 46,- (i) in sub-section (1), for the words "under this Chapter", the words "under this Act" shall be substituted; (ii) in sub-section (1A), the words "injury or" at both the places where they occur shall be omitted. (E) Section 66A shall be omitted. (F) In section 67C, in sub-section (2), for the words "punished with an imprisonment for a term which may extend to three years and also be liable to fine", the words "liable to penalty which may extend to twenty-five lakh rupees" shall be substituted. (G) In section 68, in sub-section (2), for the words "on conviction to imprisonment for a term not exceeding two years or a fine not exceeding one lakh rupees or with both", the words "to penalty which may extend to twenty-five lakh rupees" shall be substituted. (H) In section 69B, in sub-section (4), for the words "three years and shall also be liable to fine", the words "one year or shall be liable to fine which may extend to one crore rupees, or with both" shall be substituted. (I) In section 70B, in sub-section (7), for the words "one lakh", the words "one crore" shall be substituted. (J) In section ....
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....ayable as if it were a fine.". (F) For section 70, the following section shall be substituted, namely:- "70. Needlessly interfering with means of communication in a train.- If any passenger or any other person without reasonable and sufficient cause makes use of, or interferes with, any means provided by the metro railway administration in a metro railway for communication between passengers and metro railway official in charge of the metro railway or misuses alarm bell or emergency stop push or emergency trip system or emergency call point of the metro railway, he shall be liable to penalty which may extend to ten thousand rupees.". (G) Section 80 shall be omitted. (H) In section 82, in sub-section (1), for the words and figures "sections 65 to 79", the words and figures "sections 65 to 68, 71 to 79" shall be substituted. ^4[34.] 2003 15 The Prevention of Money-laundering Act, 2002 In THE SCHEDULE, in PART A,- (i) for PARAGRAPH 21, the following PARAGRAPH shall be substituted, namely:- "PARAGRAPH 21 OFFENCES UNDER THE TRADE MARKS ACT, 1999 (47 OF 1999) Section Description of offence 103 Penalty for applying false trademar....
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....ention continues" shall be substituted; (ii) sub-section (2) shall be omitted. 37. 2006 41 The Cantonments Act, 2006 (A) Section 156 shall be omitted. (B) In section 185, for sub-section (1), the following sub-section shall be substituted, namely:- "(1) No person employed in any essential service under a Board in a cantonment shall, in the absence of any contract, resign without reasonable cause or absent himself from duty without proper authority and in case of such resignation or absence from duty, disciplinary proceedings shall be initiated against him in accordance with such procedure as may be prescribed.". (C) Section 286 shall be omitted. (D) For section 287, the following section shall be substituted, namely:- "287. Arrest of persons, seizure and confiscation of things for offences under section 285.-(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), any police officer or excise officer may, without an order from a Judicial Magistrate, and without a warrant, arrest any person who commits an offence under section 285 and may seize and detain any spirituous liquor or intoxicating drug ....
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....to ten lakh rupees and where a contravention or default is a continuing one, with a further fine which may extend to twenty-five thousand rupees for every day, after the first during which the contravention or default continues", the words and figures "liable to penalty as may be imposed in accordance with the provisions of section 30" shall be substituted. (B) In section 30,- (a) in the marginal heading, for the word "fines", the word "penalties" shall be substituted; (b) in sub-section (1)- (i) after the word, brackets and figure "sub-section (2)", the words, brackets and figure "or sub-section (3)" shall be inserted; (ii) for the words "five lakh", the words "ten lakh" shall be substituted. 39. 2009 7 The Collection of Statistics Act, 2008 (A) In section 9, in sub-sections (2) and (3), for the word "prosecution", the word "penalty" shall be substituted. (B) For CHAPTER IV, the following CHAPTER shall be substituted, namely:- "CHAPTER IV PENALTIES AND ADJUDICATION 15. Penalty for neglect or refusal to supply particulars and other contraventions.- (1) Whoever fails to produce any books of account, vouchers, do....
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....er an appeal to the appellate authority, above the rank of the adjudicating officer, authorised by the appropriate Government, within thirty days from the date of receipt of order in such form and manner as may 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) The appellate authority referred to in sub-section (1) shall dispose of the appeal within sixty days from the date of filing the appeal. 15C. Recovery.-Notwithstanding anything contained in this Act, if penalty imposed under this Act, is not deposited, the amount shall be recovered as an arrear of land revenue.". (C) In section 33, in sub-section (2), after clause (da), the following clauses shall be inserted, namely:- "(db) the manner of holding inquiry and imposing penalty under sub-section (1) of section 15A; (dc) the form and manner of preferring appeal und....
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....e year, or with fine, or with both", the words "fine which may extend to twenty-five thousand rupees and for the second offence with fine which may extend to fifty thousand rupees and for the third and subsequent offence, with fine which may extend to one lakh rupees" shall be substituted. (G) In section 35, for the words "fine which shall not be less than two thousand rupees, but which may extend to five thousand rupees and, for the second or subsequent offence, with imprisonment for a term which shall not be less than three months but which may extend to one year, or with fine, or with both", the words "fine which may extend to twenty-five thousand rupees and for the second offence with fine which may extend to fifty thousand rupees and for the third and subsequent offence, with fine which may extend to one lakh rupees" shall be substituted. (H) In section 48,- (a) in sub-sections (1) and (2), for the words and figures "sections 27 to 39" at both places where they occur, the words and figures "sections 27 to 39, section 41" shall be substituted; (b) in sub-section (3), after the words and figures "sections 33 to 37,", the word and figures "section 41," sha....