| Department Name | Name of Act/ Rule having criminal provisions | Provision-wise details of Acts/Rules applicable | Details of the concerned Offence | Punishment as per provision | Liability on Businesses/others | Details of Copy of Act/Rules/Notification/G.O/Circular Attached |
|---|---|---|---|---|---|---|
| Labour | THE MINIMUM WAGES ACT, 1948 | 12. Payment of minimum rates of wages.—(1) Where in respect of any scheduled employment a notification under section 5 4*** is in force, the employer shall pay to every employee engaged in a scheduled employment under him wages at a rate not less than the minimum rate of wages fixed by such notification for that class of employees in that employment without any deductions except as may be authorised within such time and subject to such conditions as may be prescribed. | 22. Penalties for certain offences.—Any employer who— | Imprisonment for a term which may extend to six
months, or with which may extend to five hundred rupees fine or with both |
Employers | The Provisions are given in |
| (2) Nothing contained in this section shall affect the provisions of the Payment of Wages Act, 1936 (4 of 1936). | (a) pays to any employee less than the minimum rates of wages fixed for that employee's class of work, or less than the amount due to him under the provisions of this Act, or | (THE MINIMUM WAGES ACT, 1948 pdf copy attached) | ||||
| (b) contravenes any rule or order made under section 13, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both: | ||||||
| 14. Overtime.—(1) Where an employee, whose minimum rate of wages is fixed under this Act by the hour, by the day or by such a longer wage-period as may be prescribed, works on any day in excess of the number of hours constituting a normal working day, the employer shall pay him for every hour or for part of an hour so worked in excess at the overtime rate fixed under this Act or under any law of the appropriate Government for the time being in force, whichever is higher. (2) Nothing in this Act shall prejudice the operation of the provisions of 3[section 59 of the Factories Act, 1948 (63 of 1948)] in any case where those provisions are applicable. | Provided that in imposing any fine for an offence under this section, the Court shall take into consideration the amount of any compensation already awarded against the accused in any proceedings taken under section 20. | |||||
| 18. Maintenance of registers and records.— | ||||||
| (1) Every employer shall maintain such registers and records giving such particulars of employees employed by him, the work performed by them, the wages paid to them, the receipts given by them and such other particulars and in such form as may be prescribed. | 22A. General provision for punishment of other offences.—Any employer who contravenes any provision of this Act or of any rule or order made thereunder shall, if no other penalty is provided for such contravention by this Act, be punishable with fine which may extend to five hundred rupees. | Five Hundred Rupees fine | ||||
| (2) Every employer shall keep exhibited, in such manner as may be prescribed, in the factory, workshop or place where the employees in the scheduled employment may be employed, or in the case of out-workers, in such factory, workshop or place as may be used for giving out-work to them, notices in the prescribed form containing prescribed particulars. | ||||||
| (3) The appropriate Government may, by rules made under this Act, provide for the issue of wage books or wage slips to employees employed in any scheduled employment in respect of which minimum rates of wages have been fixed and prescribe the manner in which entries shall be made and authenticated in such wage books or wage slips by the employer or his agent. | ||||||
| Labour | THE UTTAR PRADESH DOOKAN AUR VANIJYA ADHISHTHAN ADHINIYAM, 1962 | Registration | Punishment- |
For the first offence, extend to one hundred rupees fine and, for every subsequent offence, to five hundred rupees fine. |
Employers | The Provisions are given in |
| 4-B. 1[(1) Every owner of a shop or commercial establishment where the employees are working, within six months of the commencement of such business or within six months of the commencement of the Uttar Pradesh Dookan Aur Vanijya Adhisthan (Sanshodhan) Adhiniyam, 1976 whichever is later, apply to the Inspector for registration of his shop or commercial establishment and if their application is complete in all respect, the registration of shop or commercial establishment shall be granted within one day from the date of submission of application, in such manner as may be prescribed : Provided that if the Registering Officer fails to grant or refuse to grant or object to grant or pass an order of amendment, the registration shall be deemed to be granted, after the time mentioned under this sub-section. (1-A) The applicant may submit his application on departmental web-portal along with necessary documents and payment of fees. In such case, if the application is complete and applicant is eligible automatic registration shall be granted by web portal and registration certificate shall be sent to applicant on his e-mail: Provided that if the registration is obtained by misrepresent tation or concealment of facts or on the basis of forged documents, such registration shall be deemed null and void and may be cancelled by Registering Officer and legal action may be taken against the applicant. Provided further that the registration granted shall not be considered in relation to ownership of shop or commercial establishment.]1 | 35. Any person guilty of an offence under this Act shall be liable to fine which may, for the first offence, extend to one hundred rupees and, for every subsequent offence, to five hundred rupees. | (THE UTTAR PRADESH DOOKAN AUR VANIJYA ADHISHTHAN ADHINIYAM, 1962) Attached pdf copy | ||||
| 2[(2) Every application for registration under sub-section (1) shall be in such form and shall be accompanied by such fees as may be prescribed. (3) The Chief Inspector shall, on being satisfied that the prescribed fee has been deposited, register the shop or commercial establishment in the register maintained under section 4-A and shall issue a certificate of registration to the owner in such form and in such manner, as may be prescribed.] | ||||||
| Hours of business | ||||||
| 5. (1) No shop or commercial establishment, not being a shop or commercial establishment mentioned in Schedule II, shall, on any day, open earlier, or close later than such hour as may be prescribed in this behalf. (2) Notwithstanding the provisions of sub-section (1), earlier opening, or later closing, hours may be prescribed for different classes of shop or commercial establishment, or for different areas, or for different periods of the year. (3) The State Government may, at any time, by notification in the Gazette, add to or remove from Schedule II, any class of shops or commercial establishments. | ||||||
| Close days- | ||||||
| 8. (1) Every employer shall keep his shop or commercial establishment, not included in Schedule II, closed on — (a) one day in a week ; and (b) such public holidays in a year as may be prescribed, to be hereinafter referred to, as close days. (2) The choice of a close day, not being a close day which is a public holiday shall, subject to the approval of the authority appointed by the State Government in this behalf, rest with the employer. A notice specifying all close days shall be prominently displayed by the employer in a conspicuous place in the shop or commercial establishment. (3) The close day shall not be altered by the employer except once in a year and with the approval of the authority appointed under | ||||||
| sub-section (2), to be obtained in the manner prescribed. Any such alteration shall take effect as from the first day of January of the year following : Provided that where the employers in one locality do not observe the same day of the week as the close day, the authority appointed under sub-section (2) may, in the manner prescribed, fix a day as the close day for such locality : Provided further that the authority may, on the written request of the majority of the employers in a locality, at any time after six months from the date on which a close day was earlier fixed, alter, with effect from a date to be specified by him, the close day, not being a close day which is a public holiday. | ||||||
| Explanation — “locality” means any compact area declared as such by public notice by the authority appointed under sub-section (2). | ||||||
| Holidays- | ||||||
| 9. Every employee, not being a watchman or a caretaker, shall be allowed by the employer holiday on — (i) every close day which is a public holiday ; and | ||||||
| (ii) one whole day in each week : Provided that nothing in clause (ii) shall apply to any employee whose total period of employment in the week (including any day spent on leave or any holiday), is less than six days. | ||||||
| Maintenance of registers and records by the employers- | ||||||
| 32. An employer shall maintain such registers and records and display such notices, as may be prescribed. | ||||||
| Labour | THE MOTOR TRANSPORT WORKERS ACT, 1961 | 3. Registration of motor transport undertaking.— | 29. Obstructions.—(1) Whoever obstructs an inspector in the discharge of his duties under this Act or refuses or wilfully neglects to afford the inspector any reasonable facility for making any inspection, examination or inquiry authorised by or under this Act in relation to any motor transport undertaking shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both. | punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees fine or with both. | Employers | The Provisions are given in (THE MOTOR TRANSPORT WORKERS ACT, 1961) |
| (1) Every employer of a motor transport undertaking to which this Act applies shall have the undertaking registered under this Act. | (2) Whoever wilfully refuses to produce on the demand of an inspector any register or other document kept in pursuance of this Act, or prevents or attempts to prevent or does anything which he has reason to believe is likely to prevent any person from appearing before or being examined by an inspector acting in pursuance of his duties under this Act, shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both. | |||||
| (2) An application for the registration of a motor transport undertaking shall be made by the employer to the prescribed authority in such form and within such time as may be prescribed. | ||||||
| (3) Where a motor transport undertaking is registered under this Act, there shall be issued to the employer a certificate of registration containing such particulars as may be prescribed. | 30. Use of false certificate of fitness.- | |||||
| Whoever knowingly uses or attempts to use as a certificate of fitness granted to himself under section 23 a certificate granted to another person under that section, or having been granted a certificate of fitness to himself, knowingly allows it to be used, or an attempt to use it to be made, by another person, shall be punishable with imprisonment which may extend to one month, or with fine which may extend to fifty rupees, or with both. | ||||||
| 5. Powers of the inspectors.— | ||||||
| (1) Subject to such conditions and restrictions as the State Government may by general or special order impose, the chief inspector or an inspector may— | 31. Contravention of provisions regarding employment of motor transport workers.—Whoever, except as otherwise permitted by or under this Act, contravenes any provision of this Act or of any rules made thereunder, prohibiting, restricting or regulating the employment of persons in a motor transport undertaking, shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both, and in the case of a continuing contravention with an additional fine which may extend to seventy-five rupees for every day during which such contravention continues after conviction for the first such contravention. | |||||
| (a) make such examination and inquiry as he thinks fit in order to ascertain whether the provisions of this Act or rules made thereunder are being observed in the case of any motor transport undertaking, and for that purpose require the driver of a transport vehicle to cause the transport vehicle to stop and remain stationary so long as may reasonably be necessary; | ||||||
| (b) with such assistance, if any, as he thinks fit, enter, inspect and search any premises which he has reason to believe is under use or occupation of any motor transport undertaking at any reasonable time for the purpose of carrying out the objects of this Act; | 32. Other offences.— | |||||
| (c) examine any motor transport worker employed in a motor transport undertaking or require the production of any register or other document maintained in pursuance of this Act, and take on the spot or otherwise statements of any person which he may consider necessary for carrying out the purposes of this Act; | Whoever wilfully disobeys any direction lawfully given by any person or authority empowered under this Act to give such direction or contravenes any of the provisions of this Act or of any rules made thereunder for which no other penalty is elsewhere provided by or under this Act shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both. | |||||
| (d) seize or take copy of such registers or documents or portions thereof as he may consider relevant in respect of an offence under this Act which he has reason to believe has been committed by an employer; | ||||||
| (e) exercise such other powers as may be prescribed: | 33. Enhanced penalty after previous conviction.—If any person who has been convicted of any offence punishable under this Act is again guilty of an offence involving a contravention of the same provision, he shall be punishable on a subsequent conviction with imprisonment which may extend to six months, or with fine which may extend to one thousand rupees, or with both: Provided that for the purposes of this section no cognizance shall be taken of any conviction made more than two years before the commission of the offence which is being punished. | |||||
| Provided that no person shall be compelled under this sub-section to answer any question or make any statement tending to incriminate himself. | ||||||
| (2) The provisions of the Code of Criminal Procedure, 1898 (5 of 1898), shall, so far as may be, apply to any search or seizure under this section as they apply to any search or seizure made under the authority of a warrant issued under section 98 of the said Code. | ||||||
| 13. Hours of work for adult motor transport workers.— | ||||||
| No adult motor transport worker shall be required or allowed to work for more than eight hours in any day and forty-eight hours in any week: Provided that where any such motor transport worker is engaged in the running of any motor transport service on such long distance routes, or on such festive and other occasions as may be notified in the prescribed manner by the prescribed authority, the employer may, with the approval of such authority, require or allow such motor transport worker to work for more than eight hours in any day or forty-eight hours in any week but in no case for more than ten hours in a day and fifty-four hours in a week, as the case may be: Provided further that in the case of a breakdown or dislocation of a motor transport service or interruption of traffic or act of God, the employer may, subject to such conditions and limitations as may be prescribed, require or allow any such motor transport worker to work for more than eight hours in any day or more than forty-eight hours in any week. | ||||||
| 18. Notice of hours of work.— | ||||||
| (1) There shall be displayed and correctly maintained by every employer a notice of hours of work in such form and manner as may be prescribed showing clearly for every day the hours during which motor transport workers may be required to work. | ||||||
| (2) Subject to the other provisions contained in this Act, no such motor transport worker shall be required or allowed to work otherwise than in accordance with the notice of hours of work so displayed. | ||||||
| 19. Weekly rest.— | ||||||
| (1) The State Government may, by notification in the Official Gazette, make rules providing for a day of rest in every period of seven days, which shall be allowed to all motor transport workers. | ||||||
| (2) Notwithstanding anything contained in sub-section (1), an employer may, in order to prevent any allocation of a motor transport service, require a motor transport worker to work on any day of rest which is not a holiday so, however, that the motor transport worker does not work for more than ten days consecutively without a holiday for a whole day intervening. | ||||||
| (3) Nothing contained in sub-section (1) shall apply to any motor transport worker whose total period of employment including any day spent on leave is less than six days. | ||||||
| 23. Certificate of fitness.— | ||||||
| (1) A certifying surgeon shall, on the application of any adolescent or his parent or guardian accompanied by a document signed by the employer or any other person on his behalf that such person will be employed as a motor transport worker in a motor transport undertaking if certified to be fit for that work, or on the application of the employer or any other person on his behalf with reference to any adolescent intending to work, examine such person and ascertain his fitness for work as a motor transport worker. | ||||||
| (2) A certificate of fitness granted under this section shall be valid for a period of twelve months from the date thereof, but may be renewed. | ||||||
| (3) Any fee payable for a certificate under this section shall be paid by the employer and shall not be recoverable from the adolescent, his parent or guardian. | ||||||
| 25. Act 4 of 1936 to apply to payment of wages to motor transport workers.—The Payment of Wages Act, 1936 (4 of 1936), as in force for the time being, shall apply to motor transport workers engaged in a motor transport undertaking as it applies to wages payable in an industrial establishment as if the said Act had been extended to the payment of wages of such motor transport workers by a notification of the State Government under sub-section (5) of section 1 thereof, and as if a motor transport undertaking were an industrial establishment within the meaning of the said Act. | ||||||
| 26. Extra wages for overtime.— | ||||||
| (1) Where an adult motor transport worker works for more than eight hours in any day in any case referred to in the first proviso to section 13 or where he is required to work on any day of rest under sub-section (2) of section 19, he shall be entitled to wages at the rate of twice his ordinary rate of wages in respect of the overtime work or the work done on the day of rest, as the case may be. | ||||||
| (2) Where an adult motor transport worker works for more than eight hours in any day in any case referred to in the second proviso to section 13, he shall be entitled to wages in respect of the overtime work at such rates as may be prescribed. | ||||||
| (3) Where an adolescent motor transport worker is required to work on any day of rest under sub-section (2) of section 19, he shall be entitled to wages at the rate of twice his ordinary rate of wages in respect of the work done on the day of rest. | ||||||
| (4) For the purposes of this section, “ordinary rate of wages” in relation to a motor transport worker means his basic wages plus dearness allowance. | ||||||
| Labour | THE BEEDI AND CIGAR WORKERS (CONDITIONS OF EMPLOYMENT)ACT, 1966 | 3. Industrial premises to be licensed.—Save as otherwise provided in this Act, no employer shall use or allow to be used any place or premises as an industrial premises unless he holds a valid licence issued under this Act and no such premises shall be used except in accordance with the terms and conditions of such licenced. | 32. Penalty for obstructing Inspector.— | Punishable with imprisonment for a term which may extend to six months, which may extend to five thousand rupees fine or with both. | Employers | The Provisions are given in |
| Whoever obstructs the Chief Inspector or an Inspector in the exercise of any powers conferred on him by or under this Act, or fails to produce on demand by the Chief Inspector or an Inspector any register or other document kept in his custody in pursuance of this Act or of any rules made thereunder, or conceals or prevents any employee in an industrial premises from appearing before or being examined by the Chief Inspector or an Inspector, shall be punishable with imprisonment for a term which may extend to six months, which may extend to five thousand rupees, or with both. | (THE BEEDI AND CIGAR WORKERS (CONDITIONS OF EMPLOYMENT)ACT, 1966 pdf copy attached) | |||||
| 4. Licences.— | ||||||
| (1) Any person who intends to use or allows to be used any place or premises as industrial premises shall make an application in writing to the competent authority, in such form on payment of such fees as may be prescribed, for a licence to use, or allow to be used, such premises as an industrial premises. | 33. General penalty for offence.— | |||||
| (2) The application shall specify the maximum number of employees proposed to be employed at any time of the day in the place or premises and shall be accompanied by a plan of the place or premises prepared in such manner as may be prescribed. | (1)Save as otherwise expressly provided in this Act, any person who contravenes any of the provisions of this Act or of any rule made thereunder, or fails to wages or compensation in accordance with any order of the appellate authority passed under clause (b) of sub section (2) of section 31, shall, be punishable, for the first offence, with fine which may extend to two hundred and fifty rupees and for a second or any subsequent offence with imprisonment for a term which shall not be less than one month or more than six months or with fine which shall not be less than one hundred rupees or more than five hundred rupees or with both. | |||||
| (3) The competent authority shall, in deciding whether to grant or refuse a licence, have regard to the following matters:— | (2) (a) Any employer who fails to reinstate any employee in accordance with the order of the appellate authority passed under clause (b) of sub-section (2) of section 31, shall be punishable with fine which may extend to two hundred and fifty rupees. | |||||
| (a) the suitability of the place or premises which is proposed to be used for the manufacture of beedi or cigar or both; | (b) Any employer, who, after having been convicted under clause (a), continues, after the date of such conviction, to fail to reinstate an employee in accordance with the order mentioned in that clause, shall be punishable, for each day of such default, with fine which may extend to twenty rupees. | |||||
| (b) the previous experience of the applicant; | (c) Any Court trying an offence punishable under this sub-section may direct that the whole or any part of the fine, if realised, shall be paid, by way of compensation, to the person, who, in its opinion, has been injured by such failure. (3) Notwithstanding anything contained in the Payment of Wages Act, 1936 (4 of 1936), with regard to the definition of wages, any compensation required to be paid by an employer under clause (b) of sub section (2) of section 31 but not paid by him shall be recoverable as delayed wages under the provisions of that Act. (4) It shall be no defence in a prosecution of any person for the contravention of the provisions of section 3 that any manufacturing process connected with the making of beedi or cigar or both was carried on by such person himself of by any member of his family or by any other person living with or dependent on such person. | |||||
| (c) the financial resources of the applicant including his financial capacity to meet the demands arising out of the provisions of the laws for the time being in force relating to welfare of labour; | ||||||
| (d) whether the application is made bonafide on behalf of the applicant himself or in benami of any other person; | ||||||
| (e) welfare of the labour in the locality, the interest of the public generally and such other matters as may be prescribed. | ||||||
| (4) (a) A licence granted under this section shall not be valid beyond the financial year in which it is granted but may be renewed from financial year to financial year. | ||||||
| (b) An application for the renewal of a licence granted under this Act shall be made at least thirty days before the expiry of the period thereof, on payment of such fees as may be prescribed, and where such an application has been made, the licence shall be deemed to continue, notwithstanding the expiry of the period thereof, until the renewal of the licence, or, as the case may be, the rejection of the application for the renewal thereof. (c) The competent authority shall, in deciding whether to renew a licence or to refuse a renewal thereof, have regard to the matters specified in sub-section (3). | ||||||
| (5) The competent authority shall not grant a renew a licence unless it is satisfied that the provisions of this Act and the rules made thereunder have been substantially complied with. | ||||||
| (6) The competent authority may, after giving the holder of a licence an opportunity of being heard, cancel or suspend any licence granted or renewed under this Act if it appears to it that such licence has been obtained by misrepresentation or fraud or that the licensee has contravened or failed to comply with any of the provisions of this Act or the rules made thereunder or any of the terms or conditions of the licence. (7) The State Government may issue in writing to a competent authority such directions of a general character as that Government may consider necessary in respect of any matter relating to the grant or renewal of licences under this section. | ||||||
| (8) Subject to the foregoing provisions of this section, the competent authority may grant or renew licences under this Act on such terms and conditions as it may determine and where the competent authority refuses to grant or renew any licence, it shall do so by an order communicated to the applicant, giving the reasons in writing for such refusal. | ||||||
| 7. Powers of Inspectors.— | ||||||
| (1) Subject to any rules made by the State Government in this behalf, an Inspector may, within the local limits for which he is appointed,— | ||||||
| (a) make such examination and hold such inquiry as may be necessary for ascertaining whether the provisions of this Act have been or are being complied within any place or premises: Provided that no person shall be compelled under this section to answer any question or to give any evidence which may tend to incriminate himself; (b) require the production of any prescribed register and any other document relating to the manufacture of beedi or cigar or both; | ||||||
| (c) enter, with such assistants as he thinks fit, at all times any place or premises including the residences of employees if he has reasonable grounds for suspecting that any manufacturing process is being carried on or is ordinarily carried on in any such place or premises; | ||||||
| (d) exercise such other powers as may be prescribed. | ||||||
| (2) If an Inspector has reasonable grounds for suspecting that any manufacturing process is being carried on in any establishment in contravention of the provisions of this Act, he may, after giving due notice to the employer or, in the absence of the employer, to the occupier, enter such establishment with such assistants, if any, as he may think fit. | ||||||
| (3) Every employer or occupier shall accord to the Chief Inspector or the Inspector, as the case may be, all reasonable facilities in the discharge of his duties under this Act. | ||||||
| 18. Wages for overtime work.—(1) Where any employee employed in any industrial premises is required to work overtime, he shall be entitled in respect of such overtime work, to wages at the rate of twice his ordinary rate of wages. (2) Where the employees in an industrial premises are paid on a piece-rate basis, the overtime rate shall be calculated, for the purposes of this section, at the time rates which shall be as nearly as possible equivalent to the daily average of their full time earnings for the days on which they had actually worked during the week immediately preceding the week in which the overtime work has been done. | ||||||
| (3) For the purposes of this section, “ordinary rates of wages” means the basic wages plus such allowance, including the cash equivalent of the advantage accruing through the concessional sale to the employees of food grains and other articles as the employee is for the time being entitled to but does not include bonus. (4) The cash equivalent of the advantage accruing through the concessional sale to an employee of food grains and other articles shall be computed as often as may be prescribed on the basis of the maximum quantity of food grains and other articles admissible to a standard family. | ||||||
| 22. Notice of periods of work.—(1) There shall be displayed and correctly maintained in every industrial premises a notice of periods of work in such form and in such manner as may be prescribed, showing clearly for every day the periods during which the employees may be required to work. | the first offence with Two Hundred and Fifty Rupees fine | |||||
| or | ||||||
| (2) (a) A copy of the notice referred to in sub-section (1) shall be sent in triplicate to the Inspector having jurisdiction over the industrial premises within two weeks from the date of the grant of a licence for the first time under this Act, in the case of any industrial premises carrying on work at the commencement of this Act, and in the case of any industrial premises beginning work after such commencement, before the day on which the work is begun in the industrial premises. (b) Any proposed change in the system of work which will necessitate a change in the notice referred to in sub-section (1) shall be notified to the Inspector in triplicate before the change is made and except with the previous sanction of the Inspector, no such change shall be made until one week has elapsed since the last change. | second or any subsequent offence with imprisonment for a term which shall not be less than one month or more than six months or with fine which shall not be less than one hundred rupees or more than five hundred rupees or with both. | |||||
| Labour | THE CONTRACT LABOUR (REGULATION AND ABOLITION) ACT, 1970 | 7. Registration of certain establishments.— | 23. Contravention of provisions regarding employment of contract labour.—Whoever contravenes any provision of this Act or of any rules made thereunder prohibiting, restricting or regulating the employment of contract labour, or contravenes any condition of a licence granted under this Act, shall be 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, and in the case of a continuing contravention with an additional fine which may extend to one hundred rupees for every day during which such contravention continues after conviction for the first such contravention. | Imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees or with both, and in the case of a continuing contravention with an additional fine which may extend to one hundred rupees for every day during which such contravention continues. | Employers | The Provisions are given in |
| (1) Every principal employer of an establishment to which this Act applies shall, within such period as the appropriate Government may, by notification in the Official Gazette, fix in this behalf with respect to establishments generally or with respect to any class of them, make an application to the registering officer in the prescribed manner for registration of the establishment: Provided that the registering officer may entertain any such application for registration after expiry of the period fixed in this behalf, if the registering officer is satisfied that the applicant was prevented by sufficient cause from making the application in time. | (THE CONTRACT LABOUR (REGULATION AND ABOLITION) ACT, 1970 pdf copy attached) | |||||
| (2) If the application for registration is complete in all respects, the registering officer shall register the establishment and issue to the principal employer of the establishment a certificate of registration containing such particulars as may be prescribed. | ||||||
| 9. Effect of non-registration.— | 24. Other offences.— | |||||
| No principal employer of an establishment, to which this Act applies, shall— | If any person contravenes any of the provisions of this Act or of any rules made thereunder for which no other penalty is elsewhere provided, he shall be 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. | Imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both. | ||||
| (a) in the case of an establishment required to be registered under section 7, but which has not been registered within the time fixed for the purpose under that section, | ||||||
| (b) in the case of an establishment the registration in respect of which has been revoked under section 8, employ contract labour in the establishment after the expiry of the period referred to in clause (a) or after the revocation of registration referred to in clause (b), as the case may be. | ||||||
| 10. Prohibition of employment of contract labour.— | ||||||
| (1) Notwithstanding anything contained in this Act, the appropriate Government may, after consultation with the Central Board or, as the case may be, a State Board, prohibit, by notification in the Official Gazette, employment of contract labour in any process, operation or other work in any establishment. | ||||||
| (2) Before issuing any notification under sub-section (1) in relation to an establishment, the appropriate Government shall have regard to the conditions of work and benefits provided for the contract labour in that establishment and other relevant factors, such as— | ||||||
| (a) whether the process, operation or other work is incidental to, or necessary for the industry, trade, business, manufacture or occupation that is carried on in the establishment; | ||||||
| (b) whether it is of perennial nature, that is to say, it is of sufficient duration having regard to the nature of industry, trade, business, manufacture or occupation carried on in that establishment; | ||||||
| (c) whether it is done ordinarily through, regular workmen in that establishment or an establishment similar thereto; | ||||||
| (d) whether it is sufficient to employ considerable number of whole time workmen. | ||||||
| 12. Licensing of contractors.— | ||||||
| (1) With effect from such date as the appropriate Government may, by notification in the Official Gazette, appoint, no contractor to whom this Act applies, shall undertake or execute any work through contract labour except under and in accordance with a licence issued in that behalf by the licensing officer. | ||||||
| (2) Subject to the provisions of this Act, a licence under sub-section (1) may contain such conditions including, in particular, conditions as to hours of work, fixation of wages and other essential amenities in respect of contract labour as the appropriate Government may deem fit to impose in accordance with the rules, if any, made under section 35 and shall be issued on payment of such fees and on the deposit of such sum, if any, as security for the due performance of the conditions as may be prescribed. | ||||||
| 20. Liability of principal employer in certain cases.— | ||||||
| (1) If any amenity required to be provided under section 16, section 17, section 18 or section 19 for the benefit of the contract labour employed in an establishment is not provided by the contractor within the time prescribed therefor, such amenity shall be provided by the principal employer within such time as may be prescribed. | ||||||
| (2) All expenses incurred by the principal employer in providing the amenity may be recovered by the principal employer from the contractor either by deduction from any amount payable to the contractor under any contract or as a debt payable by the contractor. | ||||||
| 21. Responsibility for payment of wages.— | ||||||
| (1) A contractor shall be responsible for payment of wages to each worker employed by him as contract labour and such wages shall be paid before the expiry of such period as may be prescribed. | ||||||
| (2) Every principal employer shall nominate a representative duly authorised by him to be present at the time of disbursement of wages by the contractor and it shall be the duty of such representative to certify the amounts paid as wages in such manner as may be prescribed. | ||||||
| (3) It shall be the duty of the contractor to ensure the disbursement of wages in the presence of the authorised representative of the principal employer. | ||||||
| (4) In case the contractor fails to make payment of wages within the prescribed period or makes short payment, then the principal employer shall be liable to make payment of wages in full or the unpaid balance due, as the case may be, to the contract labour employed by the contractor and recover the amount so paid from the contractor either by deduction from any amount payable to the contractor under any contract or as a debt payable by the contractor. | ||||||
| 22. Obstructions.— | ||||||
| (1) Whoever obstructs an inspector in the discharge of his duties under this Act or refuses or wilfully neglects to afford the inspector any reasonable facility for making any inspection, examination, inquiry or investigation authorised by or under this Act in relation to an establishment to which, or a contractor to whom, this Act applies, shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both. | ||||||
| (2) Whoever wilfully refuses to produce on the demand of an inspector any register or other document kept in pursuance of this Act or prevents or attempts to prevent or does anything which he has reason to believe is likely to prevent any person from appearing before or being examined by an inspector acting in pursuance of his duties under this Act, shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both. | ||||||
| Labour | THE INTER-STATE MIGRANT WORKMEN (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE) ACT, 1979 | 4. Registration of certain establishments.— | 24. Obstructions.— | punishable with imprisonment for a term which may extend to two years, or with fine which may extend to two thousand rupees, or with both. | Employers | The Provisions are given in |
| (1) Every principal employer of an establishment to which this Act applies shall, within such period as the appropriate Government may, by notification in the Official Gazette, fix in this behalf with respect to establishments generally or with respect to any class of them, make an application to the registering officer, in such form and manner and on payment of such fees as may be prescribed, for the registration of the establishment: | (1) Whoever obstructs an inspector or a person appointed under sub-section (3) of section 20 (hereinafter referred to as unauthorised person) in the discharge of his duties under this Act or refuses or wilfully neglects to afford the inspector or authorised person any reasonable facility for making any inspection, examination, inquiry or investigation authorised by or under this Act in relation to an establishment to which, or a contractor to whom, this Act applies, shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to two thousand rupees, or with both. | (THE INTER-STATE MIGRANT WORKMEN (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE) ACT, 1979 pdf copy attached) | ||||
| Provided that the registering officer may entertain any such application for registration after the expiry of the period fixed in that behalf, if the registering officer is satisfied that the applicant was prevented by sufficient cause from making the application in time. | (2) Whoever wilfully refuses to produce on the demand of any inspector or authorised person any register or other document kept in pursuance of this Act or prevents or attempts to prevent or does anything which he has reason to believe is likely to prevent any person from appearing before or being examined by any inspector or authorised person acting in pursuance of his duties under this Act, shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to two thousand rupees, or with both. | |||||
| (2) Within one month after the receipt of an application for registration under sub-section (1), the registering officer shall— | ||||||
| (a) if the application is complete in all respects, register the establishment and issue to the principal employer of the establishment a certificate of registration in the prescribed form; and | 25. Contravention of provisions regarding employment of inter-State migrant workmen.— | |||||
| (b) if the application is not so complete, return the application to the principal employer of the establishment. | Whoever contravenes any provisions of this Act or of any rules made thereunder regulating the employment of inter-State migrant workmen, or contravenes any condition of a licence granted under this Act, shall be 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, and in the case of a continuing contravention, with an additional fine which may extend to one hundred rupees for every day during which such contravention continues after conviction for the first such contravention. | |||||
| (3) Where within a period of one month after the receipt of an application for registration of an establishment under sub-section (1), the registering officer does not grant under clause (a) of sub-section (2) the certificate of registration applied for and does not return the application under clause (b) of that sub-section, the registering officer shall, within fifteen days of the receipt of an application in this behalf, from the principal employer, register the establishment and issue to the principal employer a certificate of registration in the prescribed form. | ||||||
| 5. Revocation of registration in certain cases.— | ||||||
| If the registering officer is satisfied, either on a reference made to him in this behalf or otherwise, that the registration of any establishment has been obtained by misrepresentation or suppression of any material fact or that for any other reason, the registration has become useless or ineffective and, therefore, requires to be revoked, the registering officer may, after giving an opportunity to the principal employer of the establishment to be heard and with the previous approval of the appropriate Government, revoke by order in writing the registration and communicate the order to the principal employer: | 26. Other offences.— | |||||
| Provided that where the registering officer considers it necessary so to do for any special reasons, he may, pending such revocation, by order suspend the operation of the certificate of registration for such period as may be specified in the order and serve, by registered post, such order along with a statement of the reasons on the principal employer and such order shall take effect on the date on which such service is effected. | If any person contravenes any of the provisions of this Act or of any rules made thereunder for which no other penalty is elsewhere provided, he shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to two thousand rupees, or with both. | |||||
| 6. Prohibition against employment of inter-State migrant workmen without registration.— | ||||||
| No principal employer of an establishment to which this Act applies shall employ inter-State migrant workmen in the establishment unless a certificate of registration in respect of such establishment issued under this Act is in force: | ||||||
| Provided that nothing in this section shall apply to any establishment in respect of which an application for registration made within the period fixed, whether originally or on extension under sub-section (1) of section 4 is pending before a registering officer and for the purposes of this proviso, an application to which the provisions of sub-section (3) of section 4 apply shall be deemed to be pending before the registering officer concerned till the certificate of registration is issued in accordance with the provisions of that sub-section. | ||||||
| 8. Licensing of contractors.— | ||||||
| (1) With effect from such date as the appropriate Government may, by notification in the Official Gazette, appoint, no contractor to whom this Act applies shall,— | ||||||
| (a) recruit any person in a State for the purpose of employing him in any establishment situated in another State, except under and in accordance with a licence issued in that behalf— | ||||||
| (i) if such establishment is an establishment referred to in sub-clause (i) of clause (a) of sub-section (1) of section 2, by the licensing officer appointed by the Central Government who has jurisdiction in relation to the area wherein the recruitment is made; | ||||||
| (ii) if such establishment is an establishment referred to in sub-clause-(ii) of clause (a) of sub-section (1) of section 2, by the licensing officer appointed by the State Government who has jurisdiction in relation to the area wherein the recruitment is made; | ||||||
| (b) employ as workmen for the execution of any work in any establishment in any State, persons from another State (whether or not in addition to other workmen) except under and in accordance with a licence issued in that behalf,— | ||||||
| (i) if such establishment is an establishment referred to in sub-clause (i) of clause (a) of sub-section (1) of section 2, by the licensing officer appointed by the Central Government who has jurisdiction in relation to the area wherein the establishment is situated; | ||||||
| (ii) if such establishment is an establishment referred to in sub-clause (ii) of clause (a) of sub-section (1) of section 2, by the licensing officer appointed by the State Government who has jurisdiction in relation to the area wherein the establishment is situated. | ||||||
| (2) Subject to the provisions of this Act, a licence under sub-section (1) may contain such conditions including, in particular, the terms and conditions of the agreement or other arrangement under which the workmen will be recruited, the remuneration payable, hours of work, fixation of wages and other essential amenities in respect of the inter-State migrant workmen, as the appropriate Government may deem fit to impose in accordance with the rules, if any, made under section 35 and shall be issued on payment of such fees as may be prescribed: | ||||||
| Provided that if for any special reasons, the licensing officer is satisfied that it is necessary to require any person who has applied for, or who has been issued, a licence to furnish any security for the due performance of the conditions of the licence, he may, after communicating such reasons to such person and giving him an opportunity to represent his case, determine in accordance with the rules made in this behalf the security which shall be furnished by such person for obtaining or, as the case may be, for continuing to hold the licence. | ||||||
| (3) The security which may be required to be furnished under the proviso to sub-section (2) shall be reasonable and the rules for the purposes of the said proviso shall, on the basis of the number of workmen employed, the wages payable to them, the facilities which shall be afforded to them and other relevant factors provide for the norms with reference to which such security may be determined. | ||||||
| Uttar Pradesh Pollution Control Board | Air (Prevention and Control of
Pollution) Act, 1981 as amended by Janvishwas Act. Applicable since 01.04.2024 |
Section 39D(1) Offences for failure to comply with provisions of section 21 for failure to pay penalty. | Whoever fails to comply with the provisions of section 21, shall, in respect of each such failure, be punishable with imprisonment for a term which shall not be less than one year and six months but which may extend to six years and with fine, and in case the failure continues, with an additional fine which may extend to fifty thousand rupees for every day during which such failure continues after the conviction for the first such failure. | Imprisonment for a term which shall not be less than one year and six months but which may extend to six years and with fine | Company/body corporate/director/partner/individuals/firm/other association/corporate. | View |
| Uttar Pradesh Pollution Control Board | Water (Prevention and Control of Pollution) Act, 1981 as amended. | Section 41(1) Failure to comply with directions under sub-section (2) or sub-section(3) of section 20, or orders issued under clause (c) of sub-section (1) of section 32 or directions issued under sub-section (2) of section 33 or section 33A. |
Whoever fails to comply with the direction given under sub-section (2) or sub-section (3) of section 20 within such time as may be specified in the direction shall, on conviction, be punishable with imprisonment for a term which may extend to three months or with fine which may extend to ten thousand rupees or with both and in case the failure continues, with an additional fine which may extend to five thousand rupees for every day during which such failure continues after the conviction for the first such failure. | Imprisonment for a term which may extend to three months or with fine which may extend to ten thousand rupees or with both and in case the failure continues, with an additional fine which may extend to five thousand rupees for every day during which such failure continues after the conviction for the first such failure. | Company/body corporate/director/partner/individuals/firm/other association/corporate. | View |
| Section 41(2) | Whoever fails to comply with any order issued under clause (c) of sub-section (1) of section 32 or any direction issued by a court under sub-section (2) of section 33 or any direction issued under section 33A shall, in respect of each such failure and on conviction, be punishable with imprisonment for a term which shall not be less than one year and six months but which may extend to six years and with fine, and in case the failure continues, with an additional fine which may extend to fifty thousand rupees for every day. | Imprisonment for a term which shall not be less than one year and six months but which may extend to six years and with fine, and in case the failure continues, with an additional fine which may extend to fifty thousand rupees for every day. | Company/body corporate/director/partner/individuals/firm/other association/corporate. | |||
| Section 41(2) | If the failure referred to in sub-section (2) continues beyond a period of one year after the date of conviction, the offender shall, on conviction, by punishable with imprisonment for a term which shall not be less than two years but which may extend to seven years and with fine. | Imprisonment for a term which shall not be less than two years but which may extend to seven years and with fine. | Company/body corporate/director/partner/individuals/firm/other association/corporate. | |||
| Section 43 Penalty for contravention of provisions of section 24 |
Whoever contravenes the provisions of section 24 shall be punishable with imprisonment for a term which shall not be less than 2 (one year and six months) but which may extend to six years and with fine. | Imprisonment for a term which shall not be less than 2 (one year and six months) but which may extend to six years and with fine. | Company/body corporate/director/partner/individuals/firm/other association/corporate. | |||
| Section 44 Penalty for contravention of section 25 or section 26 |
Whoever contravenes the provisions of section 25 or section 26 shall be punishable with imprisonment for a term which shall not be less than 2 (one year and six months) but which may extend to six years and with fine. | Imprisonment for a term which shall not be less than 2 (one year and six months) but which may extend to six years and with fine. | Company/body corporate/director/partner/individuals/firm/other association/corporate. | |||
| Legal Metrology Department Uttar Pradesh | Legal Metrology Act 2009 | Section 25 | Penalty for use of non-standard weight or measure. | Earlier provision- Punishable with fine which may extend to twenty-five thousand rupees and for the second or subsequent offence, with imprisonment for a term which may extend to six months and also with fine. | Businesses | |
| After Jan Vishwas (Amendment Of Provisions) Act, 2023- | ||||||
| Punishable with fine which may extend to one lakh rupees and for second offence with fine which may extend to two lakh rupees and for the third and subsequent offence, with fine which may extend to five lakh rupees. | ||||||
| After Jan Vishwas (Amendment Of Provisions) Act, 2023 Section 25 & 26 are decriminalized. | ||||||
| THE JAN VISHWAS (AMENDMENT OF PROVISIONS ) ACT,2023 Notified by GOI vide Gazette Notification No. CG-DL-E-12082023-248047 dated 11th August, 2023. | ||||||
| Gazette of India (extraordinary) Part-II, Section-1, vide No.-1 of 2010, Dated 14th Janruary, 2010. | ||||||
| Section 26 | Penalty for alteration of weight and measure | Punishable with fine which may extend to fifty thousand rupees and for the second and subsequent offence with imprisonment for a term which shall not be less than six months but which may extend to one year or with fine or with both. | Businesses | |||
| Legal Metrology Department Uttar Pradesh | Legal Metrology Act 2009 | Section 27 | Penalty for manufacture or sale of non-standard weight or measure | Earlier provision- Punishable with a fine which may extend to twenty thousand rupees and for the second or subsequent offence with imprisonment for a term which may extend to three years or with fine or with both | Businesses | |
| After Jan Vishwas (Amendment Of Provisions) Act, 2023- | ||||||
| Punishable with fine which may extend to one lakh rupees and for the second offence with fine which may extend to two lakh rupees and for the third and subsequent offence, with fine which may extend to four lakh rupees. | ||||||
| After Jan Vishwas (Amendment Of Provisions) Act, 2023 Section 27 & 28 are decriminalized. | ||||||
| THE JAN VISHWAS (AMENDMENT OF PROVISIONS) ACT,2023 Notified by GOI vide Gazette Notification No. CG-DL-E-12082023-248047 dated 11th August, 2023. | ||||||
| Section 28 | Penalty for making any transaction, deal or contract in contravention of the prescribed standards | Earlier provision- | Businesses | Gazette of India (extraordinary) Part-II, Section-1, vide No.-1 of 2010, Dated 14th Janruary, 2010. | ||
| Punishable with fine which may extend to ten thousand rupees and for the second or subsequent offence, with imprisonment for a term which may extend to one year, or with fine, or with both. | ||||||
| After Jan Vishwas (Amendment Of Provisions) Act, 2023- | ||||||
| Punishable with fine which may extend to fifty thousand rupees and for the second offence with fine which may extend to one lakh rupees and for the third and subsequent offence, with fine which may extend to two lakh rupees. | ||||||
| Legal Metrology Department Uttar Pradesh | Legal Metrology Act 2009 | Section 29 | Penalty for quoting or publishing, etc., of non-standard units | Earlier provision- | Businesses | After Jan Vishwas (Amendment Of Provisions) Act, 2023 Section 29 & 31 are decriminalized. THE JAN VISHWAS (AMENDMENT OF PROVISIONS) ACT,2023 Notified by GOI vide Gazette Notification No. CG-DL-E-12082023-248047 dated 11th August, 2023. |
| Punishable with fine which may extend to ten thousand rupees and, for the second or subsequent offence, with imprisonment for a term which may extend to one year, or with fine, or with both | ||||||
| After Jan Vishwas (Amendment Of Provisions) Act, 2023- | ||||||
| Punishable with fine which may extend to fifty thousand rupees and for the second offence with fine which may extend to one lakh rupees and for the third offence, with fine which may extend to one lakh rupees and for the third and subsequent offence, with a fine which may extend to two lakh rupees. | ||||||
| Section 30 | Penalty for transactions in contravention of standard weight or measure. | Punishable with fine which may extend to ten thousand rupees, and, for the second or subsequent offence, with imprisonment for a term which may extend to one year, or with fine, or with both. | Businesses | Gazette of India (extraordinary) Part-II, Section-1, vide No.-1 of 2010, Dated 14th Janruary, 2010. | ||
| Section 31 | Penalty for non-production of documents, etc.- | Earlier provision- | Businesses | |||
| Punishable with fine which may extend to five thousand rupees and for the second or subsequent offence, with Imprisonment for a term which may extend to one year and also with fine. | ||||||
| After Jan Vishwas (Amendment Of Provisions) Act, 2023- | ||||||
| Punishable with 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 third and subsequent offence, with fine which may extend to one lakh rupees. | ||||||
| Legal Metrology Department Uttar Pradesh | Legal Metrology Act 2009 | Section 32 | Penalty for failure to get model approved | Punishable with fine which may extend to twenty thousand rupees and for the second or subsequent offence, with imprisonment for a term which may extend to one year and also with fine | Businesses | |
| After Jan Vishwas (Amendment Of Provisions) Act, 2023 Section 34 is
decriminalized. THE JAN VISHWAS (AMENDMENT OF PROVISIONS ) ACT,2023 Notified by GOI vide Gazette Notification No. CG-DL-E-12082023-248047 dated 11th August, 2023. |
||||||
| Section 33 | Penalty for use of unverified weight or measure. | Punishable with fine which shall not be less than two thousand rupees but which may extend to ten thousand rupees and, for the second or subsequent offence, with imprisonment for a term which may extend to one year and also with fine. | Businesses | Gazette of India (extraordinary) Part-II, Section-1, vide No.-1 of 2010, Dated 14th Janruary, 2010. | ||
| Section 34 | Penalty for sale or delivery of commodities, etc., by non-standard weight or measure. | Earlier provision- | ||||
| Punishable with 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. | ||||||
| After Jan Vishwas (Amendment Of Provisions) Act, 2023- | ||||||
| Punishable with 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. | Businesses | |||||
| Legal Metrology Department Uttar Pradesh | Legal Metrology Act 2009 | Section 35 | Penalty for rendering services by non-standard weight, measure or number | Earlier provision- | Businesses | After
Jan Vishwas
(Amendment Of Provisions) Act, 2023 Section
35 id decriminalized. THE JAN VISHWAS (AMENDMENT OF PROVISIONS ) ACT,2023 Notified by GOI vide Gazette Notification No. CG-DL-E-12082023-248047 dated 11th August, 2023. |
| Punishable with 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. | ||||||
| After Jan Vishwas (Amendment Of Provisions) Act, 2023- | ||||||
| punishable with 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. | ||||||
| Section 36 | Penalty for selling, etc., of non-standard packages | 1 Punishable with fine which may extend to twenty-five thousand rupees, for the second offence, with fine which may extend to fifty thousand rupees and for the subsequent offence, with fine which shall not be less than fifty thousand rupees but which may extend to one lakh rupees or with imprisonment for a term which may extend to one year or with both. | Businesses | Gazette of India (extraordinary) Part-II, Section-1, vide No.-1 of 2010, Dated 14th Janruary, 2010. | ||
| 2 Punishable with fine which shall not be less than ten thousand rupees but which may extend to fifty thousand rupees and for the second and subsequent offence, with fine which may extend to one lakh rupees or with imprisonment for a term which may extend to one year or with both | ||||||
| Legal Metrology Department Uttar Pradesh | Legal Metrology Act 2009 | Section 37 | Penalty for contravention by Government approved Test Centre | 1 Punishable with fine which may extend to one lakh rupees. 2 Punishable with imprisonment for a term which may extend to one year or with fine which may extend to ten thousand rupees or with both. |
Officials | After Jan Vishwas (Amendment Of Provisions) Act, 2023 Section 41 is Compoundable. |
| Section 38 | Penalty for non-registration by importer of weight or measurе | Punishable with fine which may extend to twenty-five thousand rupees and for the second or subsequent offence, with imprisonment for a term which may extend to six months, or with fine, or with both. | Businesses | THE JAN VISHWAS (AMENDMENT OF PROVISIONS ) ACT,2023 Notified by GOI vide Gazette Notification No. CG-DL-E-12082023-248047 dated 11th August, 2023. | ||
| Section 39 | Penalty for import of non-standard weight or measure. | Punishable with fine, which may extend to fifty thousand rupees and for the second or subsequent offence, with imprisonment for a term which may extend to one year and also with fine. | Businesses | Gazette of India (extraordinary) Part-II, Section-1, vide No.-1 of 2010, Dated 14th Janruary, 2010. | ||
| Section 40 | Penalty for obstructing Director, Controller or Legal metrology officer | Punishable with Imprisonment for a term which may extend to two years. | Businesses | |||
| Section 41 | Penalty for giving false information or false return | 1 Punishable with fine which may extend to five thousand rupees and for the second or subsequent offence with imprisonment for a term which may extend to six months and also with fine | Businesses | |||
| 2 Punishable with fine which may extend to five thousand rupees and for the second or subsequent offence, with imprisonment for a term which may extend to one year and also with fine. | ||||||
| Section 42 | Vexatious search | Punishable with Imprisonment for a term which may extend to one year or with fine which may extend to ten thousand rupees or with both. | Officials | |||
| Section 43 | Penalty for verification in contravention of Act and rules | Punishable with Imprisonment for a term which may extend to one year or with fine which may extend to ten thousand rupees or with both. | Officials | |||
| Legal Metrology Department Uttar Pradesh | Legal Metrology Act 2009 | Section 44 | Penalty for counterfeiting of seals, etc | 1 Punishable with imprisonment for a term which shall not be less than six months but which may extend to one year and for the second or subsequent offence, with imprisonment for a term which shall not be less than six months but which may extend to five years | Businesses/ Officials | After Jan Vishwas (Amendment Of Provisions) Act, 2023 Section 25 & 26 are decriminalized. THE JAN VISHWAS (AMENDMENT OF PROVISIONS ) ACT,2023 Notified by GOI vide Gazette Notification No. CG-DL-E-12082023-248047 dated 11th August, 2023. |
| 2 Punishable with imprisonment for a term which shall not be less than six months but which may extend to one year and for the second or subsequent offence, with imprisonment for a term which shall not be less than six months but which may extend to five years. | ||||||
| 3 Punishable with imprisonment for a term which shall not be less than six months but which may extend to one year and for the second or subsequent offence, with imprisonment for a term which shall not be less than six months but which may extend to five years. | ||||||
| 4 Punishable with imprisonment for a term which shall not be less than six months but which may extend to one year and for the second or subsequent offence, with imprisonment for a term which shall not be less than six months but which may extend to five years. | ||||||
| Section 45 | Penalty for manufacture of weight and measure without licence | 1 Punishable with fine which may extend to twenty thousand rupees and for the second or subsequent offence, with imprisonment for a term which may extend to one year, or with fine, or with both | Businesses | |||
| Section 46 | Penalty for repair, sale, etc. of weight and measure without licence. | Punishable with fine which may extend to five thousand rupees and for the second or subsequent offence, with imprisonment for a term which may extend to one year, or with fine, or with both. | Businesses | |||
| Section 47 | Penalty for tampering with licence | Punishable with fine which may extend to twenty thousand rupees and for the second or subsequent offence, with imprisonment for a term which may extend to one year, or with fine, or with both | Businesses | Gazette of India (extraordinary) Part-II, Section-1, vide No.-1 of 2010, Dated 14th Janruary, 2010. | ||
| State Excise Department Uttar Pradesh | United Provinces Excise Act, 1910 | 60. Penalty for unlawful , export, transport, manufacture, possession, sale, etc. | (1) Whoever, in contravention of this Act or of any rule or order made thereunder, or of any licence, permit or pass obtained thereunder:- | shall be punished with imprisonment which may extend to two years and with fine which may extend to one thousand rupees in the case of an offence under sub clause(i) and in any other case with imprisonment which may extend to three years and with fine which shall not be less than ten times the amount of consideration fee or duty which would have been leviable if such intoxicant had been dealt with in accordance with this Act and the rules and orders made therunder or in accordance with any licence, permit or pass obtained thereunder, or two thousand rupees whichever is greater. | Manufacturer/Exporters/ Non licensee / unauthorized person | View |
| (a) Exports, any intoxicant; or | ||||||
| (b) transports or possesses any intoxicant which is not covered under section 63 of this Act; or | ||||||
| (c) collects or sells leaves and small stalks (not accompanied by flowering or fruiting tops) of natural and spontaneous growth of wild Indian Hemp Plant (cannabis sativa) other than charas, ganja or any other intoxicating drug covered under the Narcotic Drugs and Psychotropic Substances Act, 1985; or | ||||||
| (d) constructs or works any distillery, brewery , manufactory or vintnery; or | ||||||
| (e) uses, keeps or has in his-possession any material, still, unensil, implement or apparatus, whatsoever, for the purpose of manufacturing any intoxicant other than tari; or | ||||||
| (f) removes any intoxicant from any distillery, brewery, manufactory, vintnery or warehouse licensed, established or continued under this Act ; or | ||||||
| (g) bottles any liquor for the purposes of sale; or | ||||||
| (h) sells any intoxicant, save in the case provided for by Section 61; or | ||||||
| (i) taps, or draws tari from any tari-producing tree in the areas notified under Section 42 | ||||||
| 2) Whoever in contravention of this Act or any rule or order made thereunder or of any licence, permit or pass, obtained under this Act, manufactures any intoxicant shall be punished with imprisonment which shall not be less than six months and which may extend to three years and also with fine which shall not be less than five thousand rupees and which may extend to ten thousand rupees. | shall be punished with imprisonment which shall not be less than six months and which may extend to three years and also with fine which shall not be less than five thousand rupees and which may extend to ten thousand rupees. | View | ||||
| (3) Whoever, in contravention of this Act, or any rule or order made thereunder, consumes any intoxicant, shall be punished with fine which shall not be less than one thousand rupees and which may extend to two thousand rupees. | shall be punished with fine which shall not be less than one thousand rupees and which may extend to two thousand rupees. | View | ||||
| 60-A . Penalty for mixing noxious substance with intoxicant and selling of noxious substance under the garb of intoxicant- | Whoever adulterates or causes to be adulterated any intoxicant by mixing any other substance or foreign ingredient to make such intoxicant noxious or sells, offers or makes or causes to be sold or offered or made available such noxious intoxicant or any other noxious substance for consumption in the garb of an intoxicant, likely to cause disability or hurt or grievous hurt or death or any other consequential injury to human beings shall be punished; | (a) if as a result of such an act, death is caused, with death or imprisonment for life and shall also be liable to fine which may extend to ten lakh rupees but shall not be less than five lakh rupees; | Manufacturer/seller/unauthorized person | View | ||
| (b) if as a result of such an act, disability or grievous hurt is caused, with imprisonment for life or with rigorous imprisonment which may extend to ten years but shall not be less than six years and with fine which may extend to five lakh rupees but shall not be less than three lakh rupees; | ||||||
| (c) if as a result of such an act, any hurt or any other consequential injury is caused to any person, with imprisonment for a term which may extend to two years but shall not be less than one year and fine which may extend to two lakh fifty thousand rupees but shall not be less than one lakh twenty five thousand rupees; | ||||||
| 61. Penalty for unlawful selling to persons under twenty-one or employing persons under twenty one or women- | If any licensed vendor, or any person in his employ and acting on his behalf- | he shall be punished with the fine which may extend to one thousand rupees. | Licensee/Salesman | View | ||
| (a) in contravention of section 22 sells or delivers any liquor or intoxicating drug to any person apparently under the age of Twenty one years ; or | ||||||
| (b) in contravention of section 23 employs or permits to be employed on any part of his licensed premises referred to in that section, any person under the age of Twenty-one years or any woman; | ||||||
| he shall be punished with the fine which may extend to one thousand rupees. | ||||||
| 62. Penalty for rendering denatured spirit fit for human consumption- | Whoever renders or attempts to render fit for human consumption any spirit, whether manufactured in India or not, which has been denatured, or has in his possession any denatured spirit which has been rendered fit for human consumption or in respect of which any attempt has been made to render it so fit shall be punished with imprisonment for a term which shall not be less than six months and which may extend to three years, and shall also be liable to fine which shall not be less than five thousand rupees and which may extend to ten thousand rupees. | shall be punished with imprisonment for a term which shall not be less than six months and which may extend to three years, and shall also be liable to fine which shall not be less than five thousand rupees and which may extend to ten thousand rupees. | Manufacturer/sales person/unauthorized person | View | ||
| 63. Penalty for unlawful import of intoxicant and transport or possession of unlawfully imported intoxicant etc | Whoever, in contravention of this Act, or of any rule or order made thererunder imports any intoxicant or transport or has in his possession any quantity of any intoxicant unlawfully imported shall be punished with imprisonment which shall not be less than six months and which may extend to five years and also with fine which shall not be less than ten times the amount of excise duty or consideration fee under section 30 which would have been leviable if such intoxicant had been dealt with in accordance with this Act and the rules and orders made thereunder or in accordance with any licence, permit or pass obtained thereunder or five thousand rupees which ever is greater. | shall be punished with imprisonment which shall not be less than six months and which may extend to five years and also with fine which shall not be less than ten times the amount of excise duty or consideration fee under section 30 which would have been leviable if such intoxicant had been dealt with in accordance with this Act and the rules and orders made thereunder or in accordance with any licence, permit or pass obtained thereunder or five thousand rupees which ever is greater. | Importer/sales person/unauthorized person | View | ||
| 64. Penalty for certain acts by licensee or his servant – | Whoever, being the holder of a licence, permit or pass granted under this Act, or being in the employ of such holder and acting on his behalf – | shall for each such offence, be punished with fine which shall not be less than one thousand rupees and which may extend to five thousand rupees. | licensee/Salesman | https://cms.upexciseonline.co/wp-content/uploads/2020/07/upexcise-Act-as-ammended-upto-2018.pdf | ||
| (a) fails to produce such licence, permit or pass on the demand of any Excise Officer or of any other person duly empowered to make such demand; or | ||||||
| (b) wilfully does or omits to do, anything in breach of any of the conditions of the licence, permit or pass not otherwise provided for in this Act ; or | ||||||
| (c) save in a case provided for by Section 60, willfully contravenes any rule made under Section 40 and 41, | ||||||
| 64-A. Penalty for adulteration etc. by licensed vendor or manufacturer | (2) Whoever, being the holder of a licence for the sale or manufacture of any intoxicant under this Act, or a person in the employ of such holder sells or keeps or exposes for sale, as foreign liquor, liquor which he knows or has reason to believe to be country liquor, shall be punished with imprisonment for a term which may extend to three years and with fine which may extend to five thousand rupees: | (2)shall be punished with imprisonment for a term which may extend to three years and with fine which may extend to five thousand rupees: | licensee /manufacturer/sales man | View | ||
| Provided that the punishment shall not be less than- | ||||||
| (i) imprisonment for three months and fine of two thousand rupees for the first offence, and | ||||||
| . | (ii) imprisonment for six months and fine of three thousand rupees for each of the second and subsequent offences. | |||||
| 65. Penalty for consumption in chemists shop, etc. | (1) If any chemist, druggist, apothecary or keeper of dispensary allows any intoxicant which has not been bona fide medicated for medicinal purposes to be consumed on his business premises by any person not employed in his business, he shall be punished with imprisonment for a term which may extend to one year or with fine which may extend to five thousand rupees, or with both. | with imprisonment for a term which may extend to one year or with fine which may extend to five thousand rupees, or with both | shopowner/salesman/consumer | View | ||
| (2) If any person not employed as aforesaid consumes any such intoxicant on such premises, he shall be punished with fine which may extend to one thousand rupees. | he shall be punished with fine which may extend to one thousand rupees. | View | ||||
| 66. Penalty for excise officer refusing to do duty | Any excise officer who without lawful excuse shall cease or refuse to perform, or shall withdraw himself from the duties of his office, unless expressly allowed to do so in writing by the Excise Commissioner, or unless he shall have given to his superior officer two months notice in writing of his intention to do so, shall be punished with imprisonment which may extend to one year, or with fine which may extend to five thousand rupees, or with both. | shall be punished with imprisonment which may extend to one year, or with fine which may extend to five thousand rupees, or with both. | excise officer | |||
| 67. Penalty for excise officer making vexatious searches, etc. | If
any excise officer- (a) without reasonable grounds of suspicion enters, inspects or searches, or causes to be entered, inspected or searched, any place; or (b) vexatiously and unnecessarily seizes any property of any person on the pretence of seizing or searching for any article liable to confiscation under this Act ; or (c) vexatiously and unnecessarily detains, searches or arrests any person; |
he shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to five thousand rupees, or with both. | excise officer | https://cms.upexciseonline.co/wp-content/uploads/2020/07/upexcise-Act-as-ammended-upto-2018.pdf | ||
| 68. Penalty for offences not otherwise provided for | Whoever is guilty of any act or intentional omission in contravention of any of the provisions of this Act, or of any rule or order made under this Act and not otherwise provided for in this Act, shall be punished for each such act or omission with fine which may extend to five thousand rupees. | shall be punished for each such act or omission with fine which may extend to five thousand rupees. | Licensee/Salesman/Any other person | View | ||
| 69. Enhanced punishment after previous conviction | If
any person, after having been previously convicted of an offence punishable
under Section 60, Section 62, Section 63 or Section 65 or under the
provisions of those sections as they stood from time to time subsequently
commits and is convicted of an offence punishable under any of these
sections, he shall be liable to twice the punishment which may be imposed on
a first conviction under this Act:Provided that in the case of conviction for
a second or subsequent offence under sub-section (1) of Section 60, Section
63 or Section 65 a sentence of imprisonment for a term of not less than one
year, with fine, and in the case of conviction for a second or subsequent of
offence under sub-section (2) of Section 60 or Section 62 a sentence of
imprisonment for a term of not less than two year with fine, shall be
passed: Provided further that nothing in this section shall prevent any offence that might otherwise have been tried summarily under Chapter XXI of the Code of Criminal Procedure, 1973 from being so tried. |
he
shall be liable to twice the punishment which may be imposed on a first
conviction under this Act: Provided that in the case of conviction for a second or subsequent offence under sub-section (1) of Section 60, Section 63 or Section 65 a sentence of imprisonment for a term of not less than one year, with fine, and in the case of conviction for a second or subsequent of offence under sub-section (2) of Section 60 or Section 62 a sentence of imprisonment for a term of not less than two year with fine, shall be passed: |
Licensee/Salesman/Any other person | View | ||
| 69- A Demand for security for abstaining from commission of certain offences- | (1)
Whenever any person is convicted of an offence punishable under the
provisions of section 60, section 60-A, section 62, section 63 or of section
65 the court convicting such person may, at the time of passing the sentence
on such person may, order him to execute a bond for a sum proportionate to
his means, with or without sureties, to abstain from the commission of any
offence punishable under the said provisions during such period not exceeding
three years as it may direct.
(2) The provisions of the Code of Criminal Procedure, 1973 shall mutatis mutandis apply to all matters connected with such bond as if it were a bond to keep the peace ordered to be executed under section 106 of the said Code. |
Whenever any person is convicted of an offence punishable under the provisions of section 60, section 60-A, section 62, section 63 or of section 65 the court convicting such person may, at the time of passing the sentence on such person may, order him to execute a bond for a sum proportionate to his means, with or without sureties, to abstain from the commission of any offence punishable under the said provisions during such period not exceeding three years as it may direct. | Licensee/Manufacturers/Any other Unauthorised Person | View | ||
| 69-B Penalty for abetment | Whoever abets an offence punishable under this Act shall, whether such offence be or be not committed in consequence of such abetment and notwithstanding anything contained in section 116 of the Indian Penal Code, (Act XLV of 1860) be punished on conviction for such abetment with the same punishment as is provided for the principal offence | Shall be punished on conviction for such abetment with the same punishment as is provided for the principal offence. | Any Person involved in Abetment | View | ||
| 69-C Offence by companies | (1)
Where an offence under this Act has been committed by a company, every person
who at the time the offence was committed was in charge of, and was
responsible to, the company for the conduct of its business, as well as the
company, shall be deemed to be guilty of the offence 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, 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. |
Provided that nothing contained in this sub-section shall render any such person liable to any punishment, 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. | company, every person who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of its business, as well as the company | View | ||
| (2) Notwithstanding anything contained in sub-section (1), 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, managing agent, secretaries and treasurers, or other officer of the company, such director, manager, secretary or managing agent, secretaries and treasures, or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. | any director, manager, secretary, managing agent, secretaries and treasurers, or other officer of the company, such director, manager, secretary or managing agent, secretaries and treasures, or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. | director, manager, secretary, managing agent, secretaries and treasurers, or other officer of the company, such director, manager, secretary or managing agent, secretaries and treasures, or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. | ||||
| 74. Compounding of offences | (1)
Any Excise Officer specially empowered by the State Government in that behalf
may accept from any person whose licence, permit or pass is liable to be
cancelled or suspended under Section 34 or who is reasonably suspected of
having committed an offence punishable under Section 64 or section 68, a sum
of money not exceeding fifty thousand rupees in lieu of such cancellation or
suspension or by way of composition for the offence which may have been
committed, as the case may be, and in all cases in which any property has
been seized as liable to confiscation under this Act, may release the same on
payment of the value thereof (as estimated by such officer). (1-A) Any officer specially empowered by the State Government in that behalf may subject to any general or special order of the State Government compound, whether before or after the institution of the prosecution any offence punishable under clause (a) and (b)of sub-section (1) of section 60 or section 63, where the quantity of the intoxicant involved does not exceed the quantity notified by the State Government in that behalf, or any offence punishable under sub-section (3) of section 60, on payment of such sum of money as composition fee as he thinks fit, which shall not be less than one thousand rupees and which may extend to five thousand rupees where any such offence is committed by a person for the first time. (2) On the payment by such person of such sum of money or such value or both, as the case may be, such person, if in custody, shall be set at liberty, and all the property seized may be released and no proceeding shall be instituted or continued against such person in any criminal court. The acceptance of such sum of money by way of composition shall be deemed to amount to an acquittal and in no case shall any further proceedings be taken against such person or property with reference to the same act. |
Any
Excise Officer specially empowered by the State Government in that behalf may
accept from any person whose licence, permit or pass is liable to be
cancelled or suspended under Section 34 or who is reasonably suspected of
having committed an offence punishable under Section 64 or section 68, a sum
of money not exceeding fifty thousand rupees in lieu of such cancellation or
suspension or by way of composition for the offence which may have been
committed, as the case may be, and in all cases in which any property has
been seized as liable to confiscation under this Act, may release the same on
payment of the value thereof (as estimated by such officer). 1-A) Any officer specially empowered by the State Government in that behalf may subject to any general or special order of the State Government compound, whether before or after the institution of the prosecution any offence punishable under clause (a) and (b)of sub-section (1) of section 60 or section 63, where the quantity of the intoxicant involved does not exceed the quantity notified by the State Government in that behalf, or any offence punishable under sub-section (3) of section 60, on payment of such sum of money as composition fee as he thinks fit, which shall not be less than one thousand rupees and which may extend to five thousand rupees where any such offence is committed by a person for the first time |
licensee /manufacturer/sales man | View | ||
| 74-A Imposition of penalty | (1)
If a holder of licence, permit or pass granted under this Act or an employee
of such holder contravenes any of the conditions of the licence, permit or
pass or any rule made under this Act, any Excise Officer authorized by the
State Government in this behalf may impose a penalty not exceeding one lakh
rupees.
(2) No order imposing a penalty shall be made under sub-section (1) unless the holder of the licence, permit or pass or the employee concerned is given- (a) a notice in writing informing him of the grounds on which it is proposed to proceed under this section ; (b) a reasonable opportunity of making a representation in writing within such time as my be specified in the notice, against such grounds ; and (c) a reasonable opportunity of being heard in the matter. gy (3) No person on whom a penalty is imposed under sub-section (1) shall be liable to prosecution in respect of any offence under this Act on the same facts. |
If a holder of licence, permit or pass granted under this Act or an employee of such holder contravenes any of the conditions of the licence, permit or pass or any rule made under this Act, any Excise Officer authorized by the State Government in this behalf may impose a penalty not exceeding one lakh rupees. | Licensee/Permit or Pass Holder/Employee of Such Holder/Any other Unauthorised Person | View | ||
| Food Safety and Drug administration | Drugs and Cosmetics Act, 1940 | Section 22(3). Powers of Inspectors. | If any person wilfully obstructs an Inspector in the exercise of the powers conferred upon him by or under this Chapter, or refuses to produce any record, register or other document when so required under clause (cca) of sub- section | shall be punishable with imprisonment which may extend to three years, or with fine, or with both. | Manufacturer/Reseller | Relevant page of Drugs and Cosmetics Act, 1940. |
| Food Safety and Drug administration | Drugs and Cosmetics Act, 1940 | Section 27(a). Penalty for manufacture, sale, etc., of drugs in contravention of Chapter-IV - | Whoever, himself or by any other person on his behalf, manufactures for sale or for distribution, or sells, or stocks or exhibits or offers for sale or distributes any drug deemed to be adulterated or spurious and which when used by any person is likely to cause his death or is likely to cause such harm on his body as would amount to grievous hurt. | imprisonment for a term which shall not be less than ten years but which may extend to a term of life and with fine which shall not be less than ten lakh rupees or three times value of the drugs confiscated, whichever is more. | Manufacturer/Reseller | Relevant page of Drugs and Cosmetics Act, 1940. |
| Food Safety and Drug administration | Drugs and Cosmetics Act, 1940 | Section 27(b). Penalty for manufacture, sale, etc., of drugs in contravention of Chapter-IV - | any
drug— (i) deemed to be adulterated under section 17A, but not being a drug
referred to in clause (a), or
(ii) without a valid licence as required under clause (c) of section 18, |
punishable with imprisonment for a term which shall not be less than three year but which may extend to five years and with fine which shall not be less than one lakh rupees or three times the value of the drugs confiscated, whichever is more. | Manufacturer/Reseller | Relevant page of Drugs and Cosmetics Act, 1940. |
| Food Safety and Drug administration | Drugs and Cosmetics Act, 1940 | Section 27(c). Penalty for manufacture, sale, etc., of drugs in contravention of Chapter-IV - | any drug deemed to be spurious under section 17B, but not being a drug referred to in clause (a) | punishable with imprisonment for a term which shall 6[not be less than seven years but which may extend to imprisonment for life and with fine which shall not be less than three lakh rupees or three times the value of the drugs confiscated, whichever is more | Manufacturer/Reseller | Relevant page of Drugs and Cosmetics Act, 1940. |
| Food Safety and Drug administration | Drugs and Cosmetics Act, 1940 | Section 27(d). Penalty for manufacture, sale, etc., of drugs in contravention of Chapter-IV - | any drug, other than a drug referred to in clause (a) or clause (b) or clause (c), in contravention of any other provision of this Chapter or any rule made thereunder | shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to two years and with fine which shall not be less than twenty thousand rupees | Manufacturer/Reseller | Relevant page of Drugs and Cosmetics Act, 1940. |
| Food Safety and Drug administration | Drugs and Cosmetics Act, 1940 | Section 27A (i). Penalty for manufacture, sale, etc., of cosmetics in contravention of Chapter IV - | Whoever himself or by any other person on his behalf manufactures for sale or for distribution, or sells, or stocks or exhibits or offers for sale— any cosmetic deemed to be spurious under section 17D or adulterated under section 17E | punishable with imprisonment for a term which may extend to three years and with fine which shall not be less than fifty thousand rupees or three times to value of the cosmetics confiscated, whichever is more | Manufacturer/Reseller | Relevant page of Drugs and Cosmetics Act, 1940. |
| Food Safety and Drug administration | Drugs and Cosmetics Act, 1940 | Section 27A (ii). Penalty for manufacture, sale, etc., of cosmetics in contravention of Chapter IV - | any cosmetic other than a cosmetic referred to in clause (i) in contravention of any provisions of this Chapter or any rule made thereunder | 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. | Manufacturer/Reseller | Relevant page of Drugs and Cosmetics Act, 1940. |
| Food Safety and Drug administration | Drugs and Cosmetics Act, 1940 | Section 28. Penalty for non-disclosure of the name of the manufacturer, etc | Whoever contravenes the provisions of section 18A or section 24 | shall be 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 | Manufacturer/Reseller | Relevant page of Drugs and Cosmetics Act, 1940. |
| Food Safety and Drug administration | Drugs and Cosmetics Act, 1940 | Section 28A. Penalty for not keeping documents, etc., and for non-disclosure of information. | Whoever without reasonable cause or excuse, contravenes the provisions of section 18B | shall be 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 | Manufacturer/Reseller | Relevant page of Drugs and Cosmetics Act, 1940. |
| Food Safety and Drug administration | Drugs and Cosmetics Act, 1940 | Section 28B. Penalty for manufacture, etc., of drugs or cosmetics in contravention of section 26A. | Whoever himself or by any other person on his behalf manufactures or sells or distributes any drug or cosmetic in contravention of the provisions of any notification issued under section 26A | shall be punishable with imprisonment for a term which may extend to three years and shall also be liable to fine which may extend to five thousand rupees. | Manufacturer/Reseller | Relevant page of Drugs and Cosmetics Act, 1940. |
| Food Safety and Drug administration | Drugs and Cosmetics Act, 1940 | Section 29. Penalty for use of Government Analyst‘s report for advertising.— | Whoever uses any report of a test or analysis made by the Central Drugs Laboratory or by a Government Analyst, or any extract from such report, for the purpose of advertising any drug or cosmetic | shall be liable to penalty which may extend to one lakh rupees. | Manufacturer/Reseller | THE JAN VISHWAS (AMENDMENT OF PROVISIONS) ACT, 2023 (NO. 18 OF 2023) |
| Food Safety and Drug administration | Drugs and Cosmetics Act, 1940 | 30(1)(a). Penalty for subsequent offences. | Whoever having been convicted of an offence— (a) Under clause (b) of section 27, is again convicted of an offence under that clause | shall be punishable with imprisonment for a term which shall not be less than seven years but which may extend to ten years and with fine which shall not be less than two lakh rupees | Manufacturer/Reseller | Relevant page of Drugs and Cosmetics Act, 1940. |
| Food Safety and Drug administration | Drugs and Cosmetics Act, 1940 | 30(1)(b). Penalty for subsequent offences. | under clause (c) of section 27 is again convicted of an offence under that clause | shall be punishable with imprisonment for a term which shall nto be less than ten years but which may extend to imprisonment for life and with fine which shall not be less than three lakh rupees | Manufacturer/Reseller | Relevant page of Drugs and Cosmetics Act, 1940. |
| Food Safety and Drug administration | Drugs and Cosmetics Act, 1940 | 30(1)(c). Penalty for subsequent offences. | under clause (d) of section 27, is again convicted of an offence under that clause | shall be punishable with imprisonment for a term which shall not be less than two years but which may extend to four years or with fine which shall not be less than fifty thousand rupees, or with both. | Manufacturer/Reseller | Relevant page of Drugs and Cosmetics Act, 1940. |
| Food Safety and Drug administration | Drugs and Cosmetics Act, 1940 | 30(1A). Penalty for subsequent offences. | Whoever, having been convicted of an offence under section 27A is again convicted under that section | shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to two thousand rupees, or with both. | Manufacturer/Reseller | Relevant page of Drugs and Cosmetics Act, 1940. |
| Food Safety and Drug administration | Drugs and Cosmetics Act, 1940 | 30(2). Penalty for subsequent offences. | Whoever, having been convicted of an offence under section 29 is again convicted of an offence under the same section | shall be punishable with fine which shall not be less than five lakh rupees | Manufacturer/Reseller | Ammended vide THE JAN VISHWAS (AMENDMENT OF PROVISIONS) ACT, 2023 (NO. 18 OF 2023) |
| Food Safety And Drug Administration, Department, U.P | FOOD SAFETY AND STANDARDS ACT, 2006 | Section 50- Penalty for selling food not of the nature or substance or quality demanded. | Any person who sells to the purchaser’s prejudice any food which is not in compliance with the provisions of this Act or the regulations made there under, or of the nature or substance or quality demanded by the purchaser, | shall
be liable to a penalty not exceeding five lakh rupees.
Provided that the persons covered under sub-section (2) of section 31, shall for such non- compliance be liable to a penalty not exceeding twenty five thousand rupees. |
Manufacturer/Reseller | Relevant page of Food Safety and Standards act, 2006 |
| Food Safety And Drug Administration, Department, U.P | FOOD SAFETY AND STANDARDS ACT, 2006 | Section 51- Penalty for sub-standard food. | Any person who whether by himself or by any other person on his behalf manufactures for sale or stores or sells or distributes or imports any article of food for human consumption which is sub-standard, | shall be liable to a penalty which may extend to five lakh rupees. | Manufacturer/Importer/Reseller | Relevant page of Food Safety and Standards act, 2006 |
| Food Safety And Drug Administration, Department, U.P | FOOD SAFETY AND STANDARDS ACT, 2006 | Section 52. Penalty for misbranded food. | (1) Any person who whether by himself or by any other person on his behalf manufactures for sale or stores or sells or distributes or imports any article of food for human consumption which is misbranded, | shall
be liable to a penalty which may extend to three lakh rupees. (2) The Adjudicating Officer may issue a direction to the person found guilty of an offence under this section, for taking corrective action to rectify the mistake or such article of food shall be destroyed. |
Manufacturer/Importer/Reseller | Relevant page of Food Safety and Standards act, 2006 |
| Food Safety And Drug Administration, Department, U.P | FOOD SAFETY AND STANDARDS ACT, 2006 | Section 53. Penalty for misleading advertisement. | (1) Any person who publishes, or is a party to the publication of an advertisement, which– (a) falsely describes any food; or (b) is likely to mislead as to the nature or substance or quality of any food or gives false guarantee, | shall be liable to a penalty which may extend to ten lakh rupees. | Manufacturer/Reseller | Relevant page of Food Safety and Standards act, 2006 |
| Food Safety And Drug Administration, Department, U.P | FOOD SAFETY AND STANDARDS ACT, 2006 | Section 54. Penalty for food containing extraneous matter. | Any person whether by himself or by any other person on his behalf manufactures for sale or stores or sells or distributes or imports any article of food for human consumption containing extraneous matter, | shall be liable to a penalty which may extend to one lakh rupees. | Manufacturer/Importer/Reseller | Relevant page of Food Safety and Standards act, 2006 |
| Food Safety And Drug Administration, Department, U.P | FOOD SAFETY AND STANDARDS ACT, 2006 | Section 55. Penalty for failure to comply with the directions of Food Safety Officer. | If a food business operator or importer without reasonable ground, fails to comply with the requirements of this Act or the rules or regulations or orders issued there under, as directed by the Food Safety Officer, | shall be liable to a penalty which may extend to two lakh rupees. | Manufacturer/Importer/Reseller | Relevant page of Food Safety and Standards act, 2006 |
| Food Safety And Drug Administration, Department, U.P | FOOD SAFETY AND STANDARDS ACT, 2006 | Section 56. Penalty for unhygienic or unsanitary processing or manufacturing of food. | Any person who, whether by himself or by any other person on his behalf, manufactures or processes any article of food for human consumption under unhygienic or unsanitary conditions, | shall be liable to a penalty which may extend to one lakh rupees. | Manufacturer/Reseller | Relevant page of Food Safety and Standards act, 2006 |
| Food Safety And Drug Administration, Department, U.P | FOOD SAFETY AND STANDARDS ACT, 2006 | Section 57. Penalty for possessing adulterant. | (1) Subject to the provisions of this chapter, if any person who whether by himself or by any other person on his behalf, imports or manufactures for sale, or stores, sells or distribute any adulterant | shall be liable – (i) where such adulterant is not injurious to health, to a penalty not exceeding two lakh rupees; (ii) where such adulterant is injurious to health, to a penalty not exceeding ten lakh rupees. | Manufacturer/Importer/Reseller | Relevant page of Food Safety and Standards act, 2006 |
| Food Safety And Drug Administration, Department, U.P | FOOD SAFETY AND STANDARDS ACT, 2006 | Section 58. Penalty for contraventions for which no specific penalty is provided. | Whoever contravenes any provisions of this Act or the rules or regulations made there under, for the contravention of which no penalty has been separately provided in this Chapter, | shall be liable to a penalty which may extend to two lakh rupees. | Manufacturer/Reseller | Relevant page of Food Safety and Standards act, 2006 |
| Food Safety And Drug Administration, Department, U.P | FOOD SAFETY AND STANDARDS ACT, 2006 | Section 59. Punishment for unsafe food. | Any person who, whether by himself or by any other person on his behalf, manufactures for sale or stores or sells or distributes or imports any article of food for human consumption which is unsafe, | shall be punishable,– (i) where such failure or contravention does not result in injury, with imprisonment for a term which may extend to three months and also with fine which may extend to three lakh rupees; | Manufacturer/Importer/Reseller | Ammended vide THE JAN VISHWAS (AMENDMENT OF PROVISIONS) ACT, 2023 (NO. 18 OF 2023) |
| Food Safety And Drug Administration, Department, U.P | FOOD SAFETY AND STANDARDS ACT, 2006 | Section 59. Punishment for unsafe food. | ditto | (ii)
where such failure or contravention results in a non-grievous injury,
with imprisonment for a term which may extend to one year and also with fine which may extend to three lakh rupees; |
Manufacturer/Reseller | Relevant page of Food Safety and Standards act, 2006 |
| Food Safety And Drug Administration, Department, U.P | FOOD SAFETY AND STANDARDS ACT, 2006 | Section 59. Punishment for unsafe food. | ditto | (iii) where such failure or contravention results in a grievous injury, with imprisonment for a term which may extend to six years and also with fine which may extend to five lakh rupees; | Manufacturer/Reseller | Relevant page of Food Safety and Standards act, 2006 |
| Food Safety And Drug Administration, Department, U.P | FOOD SAFETY AND STANDARDS ACT, 2006 | Section 59. Punishment for unsafe food. | ditto | (iv) where such failure or contravention results in death, with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life and also with fine which shall not be less than ten lakh Rupees. | Manufacturer/Reseller | Relevant page of Food Safety and Standards act, 2006 |
| Food Safety And Drug Administration, Department, U.P | FOOD SAFETY AND STANDARDS ACT, 2006 | Section 60. Punishment for interfering with seized items. | If a person without the permission of the Food Safety Officer, retains, removes or tampers with any food, vehicle, equipment, package or labelling or advertising material or other thing that has been seized under this Act, | shall be punishable with imprisonment for a term which may extend to six months and also with fine which may extend to two lakh rupees. | Manufacturer/Reseller | Relevant page of Food Safety and Standards act, 2006 |
| Food Safety And Drug Administration, Department, U.P | FOOD SAFETY AND STANDARDS ACT, 2006 | Section 61. Punishment for false information. | If a person, in connection with a requirement or direction under this Act, provides any information or produces any document that the person knows is false or misleading, | he shall be liable to penalty which may extend to ten lakh rupees. | Manufacturer/Reseller | Ammended vide THE JAN VISHWAS (AMENDMENT OF PROVISIONS) ACT, 2023 (NO. 18 OF 2023) |
| Food Safety And Drug Administration, Department, U.P | FOOD SAFETY AND STANDARDS ACT, 2006 | Section 62. Punishment for obstructing or impersonating a Food Safety Officer. | If a person without reasonable excuse, resists, obstructs, or attempts to obstruct, impersonate, threaten, intimidate or assault a Food Safety Officer in exercising his functions under this Act, | shall be punishable with imprisonment for a term which may extend to three months and also with fine which may extend to one lakh rupees. | Manufacturer/Reseller | Relevant page of Food Safety and Standards act, 2006 |
| Food Safety And Drug Administration, Department, U.P | FOOD SAFETY AND STANDARDS ACT, 2006 | Section 63. Punishment for carrying out a business without license. | If any person or food business operator (except the persons exempted from licensing under sub-section (2) of section 31 of this Act), himself or by any person on his behalf who is required to obtain license, manufacturers, sells, stores or distributes or imports any article of food without license, | shall be liable to penalty which may extend to ten lakh rupees. | Manufacturer/Importer/Reseller | Ammended vide THE JAN VISHWAS (AMENDMENT OF PROVISIONS) ACT, 2023 (NO. 18 OF 2023) |
| Food Safety And Drug Administration, Department, U.P | FOOD SAFETY AND STANDARDS ACT, 2006 | Section 64. Punishment for subsequent offences. | (l) If any person, after having been previously convicted of an offence punishable under this Act subsequently commits and is convicted of the same offence, | he shall be liable to— (i) twice the punishment, which might have been imposed on a first conviction, subject to the punishment being maximum provided for the same offence; (ii) a further fine on daily basis which may extend up to one lakh rupees, where the offence is a continuing one; and (iii) his licence shall be cancelled. | Manufacturer/Reseller | Relevant page of Food Safety and Standards act, 2006 |
| Food Safety And Drug Administration, Department, U.P | FOOD SAFETY AND STANDARDS ACT, 2006 | Section 64. Punishment for subsequent offences. | ditto | (2) The Court may also cause the offender’s name and place of residence, the offence and the penalty imposed to be published at the offender’s expense in such newspapers or in such other manner as the court may direct and the expenses of such publication shall be deemed to be part of the cost attending the conviction and shall be recoverable in the same manner as a fine. | Manufacturer/Reseller | Relevant page of Food Safety and Standards act, 2006 |
| Food Safety And Drug Administration, Department, U.P | FOOD SAFETY AND STANDARDS ACT, 2006 | Section 65. Compensation in case injury of death of consumer | (l) Without prejudice to the other provisions of this Chapter, if any person whether by himself or by any other person on his behalf, manufactures or distributes or sells or imports any article of food causing injury to the consumer or his death, | it shall be lawful for the Adjudicating Officer or as the case may be, the court to direct him to pay compensation to the victim or the legal representative of the victim, a sum — (a) not less than five lakh rupees in case of death; (b) not exceeding three lakh rupees in case of grievous injury; and (c) not exceeding one lakh rupees, in all other cases of injury: | Manufacturer/Importer/Reseller | Relevant page of Food Safety and Standards act, 2006 |
| Food Safety And Drug Administration, Department, U.P | FOOD SAFETY AND STANDARDS ACT, 2006 | Section 65. Compensation in case injury of death of consumer | ditto | Provided that the compensation shall be paid at the earliest and in no case later than six months from the date of occurrence of the incident: | Manufacturer/Reseller | Relevant page of Food Safety and Standards act, 2006 |
| Food Safety And Drug Administration, Department, U.P | FOOD SAFETY AND STANDARDS ACT, 2006 | Section 65. Compensation in case injury of death of consumer | ditto | Provided further that in case of death, an interim relief shall be paid to the next of the kin within thirty days of the incident. | Manufacturer/Reseller | Relevant page of Food Safety and Standards act, 2006 |
| Food Safety And Drug Administration, Department, U.P | FOOD SAFETY AND STANDARDS ACT, 2006 | Section 65. Compensation in case injury of death of consumer | ditto | (2) Where any person is held guilty of an offence leading to grievous injury or death, the Adjudicating Officer or the court may cause the name and place of residence of the person held guilty, the offence and the penalty imposed to be published at the offender’s expense in such newspapers or in such other manner as the Adjudicating Officer or the court may direct and the expenses of such publication shall be deemed to be part of the cost attending the conviction and shall be recoverable in the same manner as a fine. | Manufacturer/Reseller | Relevant page of Food Safety and Standards act, 2006 |
| Food Safety And Drug Administration, Department, U.P | FOOD SAFETY AND STANDARDS ACT, 2006 | Section 65. Compensation in case injury of death of consumer | ditto | (3) The Adjudicating Officer or the court may also,— (a) order for cancellation of licence, re-call of food from market, forfeiture of establishment and property in case of grievous injury or death of consumer; (b) issue prohibition orders in other cases. | Manufacturer/Reseller | Relevant page of Food Safety and Standards act, 2006 |
| Food Safety And Drug Administration, Department, U.P | FOOD SAFETY AND STANDARDS ACT, 2006 | Section 67. Penalty for contravention of provisions of this Act in case of import of articles of food to be in addition to penalties provided under any other Act. | (1) Any person who imports any article of food which is in contravention of the provisions of this Act, rules and regulations made there under, | shall, in addition to any penalty to which he may be liable under the provisions of the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992) and the Customs Act, 1962 (52 of 1962) be also liable under this Act and shall be proceeded against accordingly. (2) Any such article of food shall be destroyed or returned to the importer, if permitted by the competent authority under the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992) or the Customs Act, 1962 (52 of 1962), or any other Act, as the case may be. | Manufacturer/Importer/Reseller | Relevant page of Food Safety and Standards act, 2006 |
| Housing and Urban Planning Department | Housing and Urban Planning Department, Govt. of Uttar Pradesh | The Uttar Pradesh Urban Planning And Development Act, 1973 | 26 Penalties |
(1) Any person who whether at his 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 14 or in contravention of any condition subject to which such permission approval or sanction has been granted. | Fine which may extend to Fifty thousand rupees, and in the case of a continuing offence, with further fine which may extend to Two thousand five hundred rupees for every day during which such offence continues after conviction for the first commission of the offence. | View |
| (2) Any person who uses any land or building in contravention of the provisions of Section 16 or in contravention of any terms and conditions prescribed by regulations under the proviso to that section. | Fine which may extend to Twenty-five thousand rupees and in the case of a continuing offence, with further fine which may extend to One thousand, two hundred and fifty rupees] for every day during which such offence continues after conviction for the first commission of the offence. | |||||
| (3) Any person who obstructs the entry of a person authorised under Section 25 to enter into or upon any land or building or molests such person after such entry. | Imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. | |||||
| 26-A.
Encroachment or obstruction on public land |
(1) Whoever makes any encroachment on any land not being private property, whether such land belongs to or vests in the authority or not in a development area, except steps over drain in any public street. | Simple imprisonment for a term which may extend to one year and with fine which may extend to twenty thousand rupees. | ||||
| (3) Whoever by Placing or depositing building material or any other thing whatsoever, or otherwise makes any obstruction in any street or land not being private property, whether such street or land belongs to or vests in the Authority or not in a development area, except steps over drain in any public street. or placing of building material during such period as may be permitted on payment of stacking fees on a public street of public place. | Simple imprisonment for a term which may extend to one month or with fine which may extend to two thousand rupees or with both. | |||||
| 26-D.
Penalty for not preventing encroachment |
Whoever specially entrusted with the duty to stop or prevent the encroachment or obstruction under this Act or any other Act, rules or byelaws willfully or knowingly neglects or deliberately omits tostop or prevent such encroachment or obstruction. | Simple imprisonment for a term which may extend to one month or with fine which may extend to ten thousand rupees or with both. | ||||
| 28 Power to stop development |
Where any development in a development area has been commenced or continued in contravention of the Master Plan or Zonal Development Plan or without the permission, approval or sanction referred to in Section 14 or In contravention of any conditions subject to which such permission, approval or sanction has been granted. | The development to be discontinued on and from the date of the service of the order, and such order shall be complied with accordingly. | ||||
| failing to comply with an order shall be 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 U.P. (Regulations Of Building Operations) Act, 1958 | 9. Penalties.- | (1) Any person who undertakes or carries out the development of any site or erects re-erects or makes any material change in any building or makes or extends any excavation or lays out any means of access to a road in contravention of any regulation invade under the Act or without the permission referred to in Section 6 in contravention of any condition subject to which site permission has been granted. or in violation of any action taken under Sub-section (2) of Section 10 to stop erection or re-erection of an building or the execution of any work | Fine which may extend to ten thousand rupees and in the case of a continuing offence, with a further fine which may extend to 5 hundred rupees for every day during which such offence continues after conviction for the first commission of the offence. | View | ||
| (2) Any person who obstructs the entry of a person authorised under Section 8 to enter into or upon any building or land or molests such person after such entry | Fine which may extend to thousand rupees. | |||||
| The Uttar Pradesh Special Area Development Authorities Act, 1986 | 24. offences | (1) Any person who undertakes or carries out development of any | Fine which may extend to ten thousand rupees and in the case of a continuing offence with further fine which may extend to five hundred rupees for every day during which such offence continues after conviction for the first commission of the offence. | |||
| land in contravention of the master plan or sector plan or without the permission approval or sanction referred to in section 14 or in contravention of any condition subject to which such permission approval or sanction has | ||||||
| been granted | ||||||
| (2) Any person who uses any land or building in contravention of the provisions of section 15 or in contravention of any terms and conditions prescribed under the proviso to that section | Fine which may extend to five thousand rupees and in the case of 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. | ||||||
| (3) Any person who obstructs the entry of a person authorised under section 23 to enter into or upon any land or building or molests such person after such entry | Imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both. | |||||
| 26. Power to stop development | Any person failing to comply with an order under sub-section (1), or sub-section (2) | Fine which may extend to five thousand rupees. | ||||
| The Uttar Pradesh Avas evam Vikas Parishad Adhiniyam, 1965 | VIII. Offences and Penalties | 73. Penalty for building in
contravention of schemes.- If any person erects, re-erects, adds to, or alters any building in contravention of the provisions of clause (a) of sub-section (3) of Section 23, sub-section (3) of Section 24 or Section 35 |
Fine which may extend to ten thousand rupees, and, in case of continuing breach, with further fine which may extend to five hundred rupees for each day during which the breach continues after the first conviction. | View | ||
| 74. Penalty for obstructing contractor or removing mark.- If any person- | Imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both. | |||||
| (a) obstructs or molests any
person with whom the Board has entered into a contract, in the performance or
execution by such person of his duty or of anything which he is empowered or
required to do by virtue or in consequence of this Act or any rule or regulation;
or (b) removes any mark set up for the purpose of indicating any level or direction necessary to the execution of works authorised by this Act or any rule or regulation |
||||||
| 75. Penalty for acquiring share or interest in contract, etc. with the Board.- | Simple imprisonment for a term which may extend to one year, or with fine or with both. | |||||
| If the Adhyaksh or any member
of the Board acquires, directly or indirectly, by himself or by any partner,
employer or employer or employee, any share or interest, pecuniary or of any
other nature, in any contract or employment with, by or on behalf of the
Board, not being a share or interest which does not disqualify for being
chosen or continuing a Adhyaksh or member, or if any officer or servant of the Board acquires, directly or indirectly, by himself or by any partner, employer or employee, any share or interest, whether pecuniary of any other nature, other than a share or interest mentioned in clause (i) or clause (ii) of the proviso to Section 4, in any contract, or, except in so far as concerns his employment as such officer or servant, in any employment with, by or on behalf of the Board, |
||||||
| 76. Penalty in other cases.- If any person contravenes any provision of this Act or of any rule or regulation he shall, if no other penalty is provided for such contravention |
Fine which may extend to five hundred rupees, and in case of continuing breach, with further fine which may extend to twenty-five rupees for each day during which the breach continues after the first conviction. | |||||
| The Uttar Pradesh Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010 | 25. Offences | (1) If any promoter, (a)
transfers by way of sale or otherwise any land appurtenant to a building and
such land was originally shown as common areas and facilities such as park,
open space, path ways, circulation areas, etc. in the plan approved by the prescribed
sanctioning authority, or (b) illegally makes construction in contravention of the plan approved by the prescribed sanctioning authority beyond compoundable limits |
Imprisonment for a term not less than three years which may extend to six years or with fine not less than three lacs rupees, which may extend to five lacs rupees or with both. | View | ||
| (3) If the owner of an apartment which is
subject to the provisions of Chapter III contravenes-
(a) the provisions of section -5, or 6 or (b) any bye-laws made under the provisions of this Act, |
Fine not less than ten thousand rupees which may extend to Fifty thousand rupees and in case of a continuing contravention, to an additional fine which may extend to one thousand rupees for every day during which such contravention continues after the conviction. | |||||
| The Uttar Pradesh Real Estate (Regulation and Development) Rules, 2016 | Chapter VIII. Offences And Penalties Rule 32(1) Terms and conditions and the fine payable for compounding of offence |
Imprisonment under sub section (2) of section 59 | The money to be paid for compounding shall be proportionate to the term of imprisonment subject to maximum of 10 percent of the estimated cost of the real estate project for three years. | View | ||
| Imprisonment under section 64 | The money to be paid for compounding shall be proportionate to the term of imprisonment subject to maximum of 10 percent of the estimated cost of the real estate project for three years. | |||||
| Imprisonment under section 66 | The money to be paid for compounding shall be proportionate to the term of imprisonment subject to maximum of 10 percent of the estimated cost for one year of plot, apartment or building as the case may be, of the real estate project, for which the sale or purchase has been facilitated. | |||||
| Imprisonment under section 68 | The money to be paid for compounding shall be proportionate to the term of imprisonment subject to maximum of 10 percent of the estimated cost for one year of the plot, apartment, or building as the case may be. | |||||
| Department name | Name of Act/ Rule having criminal provisions | Provision-wise details of Acts/Rules applicable | Details of the concerned Offence | Punishment as per provision | Liability on Businesses/others | Details of Copy of Act/Rules/Notification/G.O/Circular Attached |
| State Tax Department UP | Central/UP Goods and Services Tax Act, 2017 |
Section 132 Punishment for certain offences | (1) Whoever commits, or cause
to commit and retains the benefits arising out of, any of the following offences, namely: (a) supplies any goods or services or both without issue of any invoice, in violation of the provisions of this Act or the rules made there under, with the intention to evade tax; (b) issues any invoice or bill without supply of goods or services both 1n violation of the provisions of this Act, or the rules made there under leading to wrongful availment or utilisation of input tax credit or refund of tax; (c) avails input tax credit using the invoice or bill referred to in clause (b) or fraudulently avails input tax credit without any invoice or bill; Punishment as per provision (d) collects any amount as tax but fails to pay the same to the Government beyond a period of three months from the date on which such payment becomes due; (e) evades tax, or fraudulently obtains refund and where such offence is not covered under clauses (a) to (d); () falsifies or substitutes financial records or produces fake accounts or documents or furnishes any falsc information witlh an intention to evade payment off tax due under this Act; (h) acquires possession of, or in any way COnceris himself in transporting, removing, depositing, keeping, concealing, supplying, purchasing or in any other manner deals with, any goods which he knows or has reasons to believe are liable to confiscation under this Act (1) receives or is in any way concerned with the supply of, or in any other manner deals with any supply of services which he knows Or has reasons to believe are in contravention of any provisions of this Act or the rules made there under; () attempts to commit, or abets the commission of any of the offences mentioned in clauses (a) to (k) of this section |
(1) in cases where the
amount of tax evaded or the amount of input tax credit wrongly availed or utilised the amount of refund wrongly taken exceeds five hundred lakh rupees,with imprisonment for a term which may extend to five years and with fine: Liability on Businesses/officials/ others (i1) in cases where the amount of tax evaded or the amount of input tax credit wrongly availed or utilised or the amount of refund wrongly taken exceeds two hundred lakh rupees but does not exceed five hundred lakh rupees, with imprisonment for a term which may extend to three years and with fne: (iii) in the case of any offence specified in clause (b) where the amount of tax evaded or the amount of input taX credit wrongly availed or utilised or the amount of refùnd wrongly taken exceeds one hundred lakh rupees but does not exceed two hundred lakh rupees, with imprisonment for a term which may extend to One year and with fine: (iV) in cases where he commiis or abets the commission of an offence specificd in clause () he shall be punishable with imprisonment for a termn which may extend to six months or with fine or with both. |
Available on www.cbic.gov.in and departmental website www.comtax.up. nic.in |
|
| State Tax Department UP | Central/UP Goods and Services Tax Act, 2017 |
Secion 133 Liability of
officers and certain other persons |
(1) Where any person engaged in
connection with the collection of statistics under section 151 or compilation
or computerisation thereof or if any officer of central tax having access to
information specified under sub-section (1) of section 150, or if any person
engaged in connection with the provision of service on the common portal or
the agent of common portal, wilfully discloses any information or the
contents of any return furnished under this Act or rules made thereunder
otherwise than in execution of his duties under the said sections or for the
purposes of prosecution for an offence under this Act or under any other Act
for the time being in force, he shall be punishable with imprisonment for a
term which may extend to six months or with fine which may extend to
twenty-five thousand rupees, or with both. (2) Any person- (a) who is a Government servant shall not be prosecuted for any offence under this section except with the previous sanction of the Government; (b) who is not a Government servant shall not be prosecuted for any offence under this section except with the previous sanction of the Commissioner. |
Imprisonment for a term which may extend to six months or with fine which may extend to twenty-five thousand rupees, or with both | Government servant/ Any person liable to offence | Available on www.cbic.gov.in and departmental website www.comtax.up. nic.in |