Amendments to Enactments

1. For section 42, the following section shall be substituted, namely:- Sr. No. Year No. Short title Amendment 1 1872 Punjab Act IV The Haryana Laws Act, 1872 “42. Penalty for withholding assistance or conniving or escape.- If such headman or watchman do not forthwith give such assistance, or if the inhabitants of such village do not afford full opportunity for search in their houses for the offenders, or if, from the circumstances of the case, there shall appear good reasons to believe that the inhabitants of such village, or any of them, were conniving at the offence or at the escape of the offenders, and such offenders cannot be traced beyond the village, the District Magistrate may impose a penalty which may extend to fifty thousand rupees to such inhabitants, who do not forthwith give assistance or to connive or to help in escaping the offender.”. 2. For section 50B, the following section shall be substituted, namely:- “50B. Penalties for breach of rules.- If any person contravenes the provisions of any rules made by the State Government under this Act, he shall be liable to a penalty which shall not be less than ten thousand rupees but may extend to fifty thousand rupees.”. 2 1883 Punjab Act 20 The Haryana District Boards Act, 1883 For section 57, the following section shall be substituted, namely:- “57. Penalty for infringement of regulations.- In case of contravention of any regulation made under section 56, a Board may determine that a breach of the same shall be liable for a penalty which may extend to five thousand rupees, and in the case of a continuing breach, with a further penalty of one thousand rupees for every day which may extend up to a maximum limit of twenty thousand rupees during which the breach is continued: Provided that the Deputy Commissioner shall afford an opportunity of hearing to the offender before imposing such penalty.”. 3 1913 Punjab Act 3 The Haryana Forest (Sale of Timber) Act, 1913 For clause (f) of sub-section (1) of section 3, the following clause shall be substituted, namely:- “(f) prescribe a penalty of fifty thousand rupees for the infringement of any rule made under this section. In case the breach is committed after sunset and before sunrise, or after preparation for resistance to lawful authority, or if the offender has been previously convicted of a like offence, the penalty shall be double of the amount of the penalty already imposed. Further, in case of repeated breach, the penalty would be twice of the penalty. The officer to take cognizance and realize penalty would not be less than the rank of Deputy Range Forest Officer.”. 1. For clause 4 1914 Punjab Act I The Haryana Excise Act, 1914 (a) of section 65, the following clause shall be substituted, namely:- “(a) fails willfully to produce such license, permit or pass on the demand of any excise officer or of any other officer duly empowered to make such demand shall be liable to a penalty which shall not be less than ten thousand rupees but may extend to one lakh rupees.”. 2. In section 70,- (i) before the words “If an Excise Officer-” the figure and signs “(1)” shall be added; (ii) for the words and signs “he shall be liable to imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees or with both”, the words and signs “shall be liable to a penalty which may extend to one lakh rupees, to be imposed by the Excise Commissioner” shall be substituted; (iii) after sub-section (1), the following sub-section shall be added, namely:- “(2) For the purpose of determining penalties, Excise Commissioner may summon and enforce the attendance of any person acquainted with the facts and circumstances of the case to give evidence or to produce any documents, which in the opinion of the Excise Commissioner, may be useful for or relevant to the subject matter and if he is satisfied that the officer concerned has contravened the provisions of sub-section (1), he may impose such penalty as he thinks fit: Provided that no such penalty shall be imposed without giving the concerned excise officer a reasonable opportunity of being heard.”. 3. After section 70, the following section shall be inserted, namely:- “70A. Appeal.- (1) Any person aggrieved by an order passed under section 70, may prefer an appeal within a period of sixty days from the date of receipt of such order to the appellate authority, as may be specified: Provided that the appellate authority may entertain an appeal after the expiry of the said period of sixty days, if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the stipulated period. (2) The appellate authority may, after giving the parties to the appeal an opportunity of being heard, pass such order, as it may think fit. (3) An appeal under sub-section (1) shall be disposed of within a period of one hundred and eighty (180) days from the date of filing of appeal.”. 5 1938 Punjab Act 3 The Haryana Registration of Money Lender’s Act, 1938 For sub-section (3) of section 4, the following sub-section shall be substituted, namely:- “(3) Any money lender who contravenes the provisions of sub-section (2) shall be liable to a penalty of fifty thousand rupees for first violation. In case of subsequent violation, the penalty imposed shall be double of the penalty imposed for first violation.”. 6 1948 East Punjab Act 50 The Haryana Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 For section 38, the following section shall be substituted, namely:- “38. Penalties.- If any person willfully destroys, injures, or without lawful authority removes any survey mark, he may be ordered by a Consolidation Officer to pay such penalty, as may in the opinion of that officer be necessary, to defray the expenses of restoring the same and of rewarding the person, if any, who gave information of the destruction, injury, or removal. In addition to the recovery of such expenses, the Consolidation Officer may also impose a penalty which may extend to ten thousand rupees for each survey mark so destroyed, injured, or removed.”. 1. For section 6, the following section shall be substituted, namely:- 7 1949 East Punjab Act 1 The Haryana Control of Bricks Supplies Act, 1949 “6. Penalties.- If any person contravenes any order made under section 3, he shall be liable to a penalty as may be specified by the competent authority.”. 2. In section 9, for the words “he shall be punishable with imprisonment for a term which may extend to three years or with fine or with both”, the words “he shall be liable to a penalty as may be specified by the competent authority” shall be substituted. 3. Sections 10, 11 and 12 shall be omitted. 1. For section 11, the following section shall be substituted, namely:- 8 1953 Punjab Act 10 The Haryana Security of Land Tenures Act, 1953 “11. Tenant’s right to water.- Save in proportion to a reduction in the tenancy, if any, a land owner shall not be competent to curtail or terminate the supply of canal or use of well water enjoyed by a tenant immediately before the commencement of this Act, and a breach of this provision shall be liable to a penalty of twenty thousand rupees for first violation. In case of subsequent violation, the penalty imposed shall be double of the penalty imposed for first violation.”. 2. For sub-section (2) of section 14, the following sub-section shall be substituted, namely:- “(2) Any landowner who fails to give such receipt shall be liable to a penalty of five thousand rupees.”. 9 1953 Punjab Act 40 The Haryana Sugarcane (Regulation of Purchase and Supply) Act, 1953 For section 9, the following section shall be substituted, namely:- “9. Penalties.- If any person contravenes any of the provisions of this Act or of any rules made thereunder, he shall be liable to a penalty which shall not be less than twenty-five thousand rupees but may extend to fifty thousand rupees for the first violation, one lakh rupees for the subsequent violation and in case the violation still continues then the licence shall be suspended for a maximum period of one year.”. 10 1958 Punjab Act 2 The Haryana Warehouses Act, 1957 For section 32, the following section shall be substituted, namely:- “32. Penalty and procedure.- (1) Whoever- (a) acts or holds himself out, as a licensed warehouseman without having obtained a license under this Act; or (b) knowingly contravenes or fails to comply with any of the provisions or requirements of this Act or the rules made thereunder, shall be liable to a penalty which may extend to five lakh rupees. (2) Where a person contravenes the provisions of sub-section (1) is a company or an association or a body of persons whether incorporated or not, the manager, secretary, agent or other principal officer, managing the affairs of such company, association or body shall be deemed to have contravened the provisions of sub-section (1).”. 11 1963 Punjab Act 23 The Haryana Land Improvement Schemes Act, 1963 For section 20, the following section shall be substituted, namely:- “20 Penalties.- Any person, who does any act which causes damage to any of the works carried out or maintained under any scheme which has come into force under section 11, shall be liable to a penalty which shall not be less than twenty-five thousand rupees but may extend to fifty thousand rupees. In case he fails to pay the penalty shall be debarred from getting the benefits of departmental schemes for a period of two years.”. 1. For section 76, the following section shall be substituted, namely:- 12 1971 20 The Haryana Housing Board Act, 1971 “76. Penalty for contravention of bye-laws.- Whosoever contravenes any bye-law made under section 75 shall be liable for a penalty which may extend to fifty thousand rupees.”. 2. In section 77, for the words and signs “he shall, on conviction, be punished with imprisonment for a term which may extend to one month or with fine which may extend to five hundred rupees or with both”, the words “he shall be liable to a penalty of fifty thousand rupees” shall be substituted. 13 1972 24 The Haryana Public Premises and Land (Eviction and Rent Recovery) Act, 1972 For section 11, the following section shall be substituted, namely:- “11. Penalties.- (1) If any person who has been evicted from any public premises under this Act again occupies the premises without authority for such occupation, he shall be liable to a penalty of one lakh rupees and for each repeated occupation, the penalty imposed shall be double of the penalty imposed for first violation. (2) The competent authority imposing a penalty on a person under sub-section (1) shall make an order for evicting that person summarily and he shall be liable to such eviction without prejudice to any other action that may be taken against him under this Act.”. 14 1972 26 The Haryana Ceiling on Land Holding Act, 1972 For section 21, the following section shall be substituted, namely:- “21. Penalties for making false statement.- (1) If any person fails to furnish a declaration as required by section 9, or during the course of any proceedings under this Act makes a declaration or statement or furnishes any information which is false, or which he knows or has reason to believe to be false, or which he does not believe to be true, shall be liable to a penalty of fifty thousand rupees. (2) If any person secures an allotment by furnishing information which is false or which he knows or has reason to believe to be false or which he does not believe to be true shall be liable to a penalty of fifty thousand rupees: Provided that the imposition of a penalty under this section shall not be a bar for prosecution under the provisions of the Bharatiya Nyaya Sanhita, 2023 (Central Act 45 of 2023) or any other law for time being in force.”. 15 1973 35 The Haryana Requisitioning and Acquisition of Immovable Property Act, 1973 In section 23, for the words “shall be punishable with a fine which may extend to one thousand rupees”, the words “shall be liable to a penalty which may extend to one thousand rupees” shall be substituted. 16 1973 24 The Haryana Municipal Act, 1973 1. In sub-section (2) of section 86, for the words “punishable with a fine”, the words “liable to a penalty” shall be substituted. 2. For sub-section (5) of section 87, the following sub-section shall be substituted, namely:- “(5) Whoever contravenes the provisions of sub-sections (1) and (3) shall in addition to any other penalty which he incurs through such neglect, be liable to a penalty which shall not be less than twenty-five rupees but may extend to two hundred rupees, and in the case of a continuing breach, with a further penalty of ten rupees for every day during which the breach continues.”. 3. For sub-section (2) of section 127, the following sub-section shall be substituted, namely:- “(2) If any person fails within six months from the date of its service to comply with a prohibitory notice issued under sub-section (1), he shall be liable to a penalty which shall not be less than twenty-five rupees but may extend to two hundred rupees and with a further penalty of ten rupees for every day during which the breach continues.”. 4. For sub-section (2) of section 141, the following sub-section shall be substituted, namely:- “(2) Any person acting in contravention of the terms of sub-section (1) shall be liable to a penalty which shall not be less than twenty-five rupees but may extend to two hundred rupees.”. 5. In section 149, for the words and signs “shall be punishable with a fine which shall not be less than twenty-five rupees and more than two hundred rupees”, the words and sign “shall be liable to a penalty which shall not be less than twenty-five rupees but may extend to two hundred rupees” shall be substituted. 6. For section 150, the following section shall be substituted, namely:- “150. Keeping of animals so as to be injurious to health.- Whoever keeps any swine or other animal in disregard of any orders which the committee may give to prevent them from becoming a nuisance, or so as to be injurious to the health of the inhabitants or of animals shall be liable to a penalty of five hundred rupees and for every such subsequent contravention shall be liable to a penalty of one thousand rupees.”. 7. In section 158, for the words “shall be punishable with a fine which shall not be less than one thousand rupees and more than five thousand rupees and with a further fine of one hundred rupees for everyday during which offence is continued”, the words “shall be liable to a penalty which shall not be less than one thousand rupees but may extend to five thousand rupees and with a further penalty of one hundred rupees for everyday during which offence is continued” shall be substituted. 8. In section 159, for the words and sign “shall, on conviction by a Magistrate of the first or second class be punishable with a fine which shall not be less than twenty-five rupees and more than two hundred rupees”, the words and sign “shall be liable to a penalty which shall not be less than twenty-five rupees but may extend to two hundred rupees” shall be substituted. 9. In section 160, for the words and sign “shall be punishable with a fine which shall not be less than twenty-five rupees and more than two hundred rupees”, the words and sign “shall be liable to a penalty which shall not be less than twenty-five rupees but may extend to two hundred rupees” shall be substituted. 10. For sub-section (3) of section 164, the following sub-section shall be substituted, namely:- “(3) Whoever contravenes the provisions of this section, shall be liable to a penalty which shall not be less than twenty-five rupees but may extend to two hundred rupees .”. 11. In section 189, for the words and sign “shall be punishable with a fine which shall not be less than twenty-five rupees and more than two hundred rupees”, the words and sign “shall be liable to a penalty which shall not be less than twenty-five rupees but may extend to two hundred rupees” shall be substituted. 12. In section 190 ,- (i) in sub-section (1), for the words and sign “shall be punishable with a fine which shall not be less than twenty-five rupees and more than two hundred rupees”, the words and sign “shall be liable to a penalty which shall not be less than twenty-five rupees but may extend to two hundred rupees” shall be substituted; (ii) sub-section (2) shall be omitted. 13. In sub-section (2) of section 191, for the words and sign “shall be punishable with a fine which shall not be less than twenty-five rupees and more than two hundred rupees”, the words and sign “shall be liable to a penalty which shall not be less than twenty-five rupees but may extend to two hundred rupees” shall be substituted. 14. In sub-section (1) of section 194, for the words and sign “shall be punishable with a fine which shall not be less than twenty-five rupees and more than two hundred rupees”, the words and sign “shall be liable to a penalty which shall not be less than twenty-five rupees but may extend to two hundred rupees” shall be substituted. 15. In section 195,- (i) in sub-section (1), for the words and sign “shall be punishable with a fine which shall not be less than twenty-five rupees and more than two hundred rupees”, the words and sign “shall be liable to a penalty which shall not be less than twenty-five rupees but may extend to two hundred rupees” shall be substituted; (ii) in sub-section (2), for the words and sign “shall be liable to a fine which shall not be less than twenty-five rupees and more than two hundred rupees”, the words and sign “shall be liable to a penalty which shall not be less than twenty-five rupees but may extend to two hundred rupees” shall be substituted. 16. In section 196, for the words and sign “shall be punishable with a fine which shall not be less than twenty-five rupees and more than two hundred rupees”, the words and sign “shall be liable to a penalty which shall not be less than twenty-five rupees but may extend to two hundred rupees” shall be substituted. 17. In section 198, for the words and sign “shall be punishable with a fine which shall not be less than twenty-five rupees and more than two hundred rupees”, the words and sign “shall be liable to a penalty which shall not be less than twenty-five rupees but may extend to two hundred rupees” shall be substituted. 18. For section 214, the following section shall be substituted, namely:- “214. Penalty for infringement of bye-laws.- In making any bye-law under any section of this Chapter, the State Government may direct that a breach or an abetment of a breach shall be liable to a penalty which shall not be less than three hundred rupees but may extend to two thousand rupees, and when the breach is a continuing breach, with a further penalty of ten rupees for every day during which the breach continues: Provided that a breach or an abetment of a breach under clause (xx) of section 200 shall be liable to a penalty which shall not be less than two thousand five hundred rupees but may extend to five thousand rupees: Provided further that a breach or an abetment of a breach under clause (xxx) of section 200 shall be liable to a penalty which shall not be less than one lakh rupees but may extend to two lakh rupees, and in the case of a continuing breach, with a further penalty of two thousand rupees for everyday during which the breach continues.”. 1. For section 6, the following section shall be substituted, namely:- 17 1974 24 The Haryana Anatomy Act, 1974 “6. Penalties.- Whoever with the intention of defeating the provisions of this Act, disposes of, or abets the disposal of, an unclaimed body save as permitted by this Act, or obstructs any authority in-charge of an approved institution or an authorized officer from handing over, taking possession of, removing or using, such dead body for the purpose specified in this Act, shall be liable to a penalty which may extend to two lakh rupees in case of first contravention and may extend to five lakh rupees in case of subsequent contravention.”. 2. After section 6, the following sections shall be inserted, namely:- “6A. Adjudication.- (1) The State Government for the purpose of imposing the penalties, may authorize the Sub Divisional Magistrate, having jurisdiction, to be the adjudicating officer, to hold an inquiry and impose penalty. (2) The adjudicating officer may summon and enforce the attendance of any person acquainted with the facts and circumstances of the case to give evidence or produce any document, which in the opinion of adjudicating officer may be useful for, or relevant to the subject matter of the inquiry, and if, on such inquiry, he is satisfied that the person concerned has failed to comply with provisions of section 6, may impose penalty: Provided that no such penalty shall be imposed without giving the person concerned reasonable opportunity of being heard. 6B. Appeal.- Whoever aggrieved by the order, passed by the adjudicating officer under section 6A, may prefer an appeal within sixty days from the date of receipt of order to the Deputy Commissioner, having jurisdiction, to be an appellate authority, specially authorized by the State Government or administration in this behalf: Provided that the appellate authority may entertain an appeal after the expiry of the said specified period, if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the stipulated period. (2) The appellate authority may, after giving the parties to the appeal an opportunity of being heard, pass such order, as he may think fit. (3) An appeal under sub-section (1) shall be disposed of within sixty days from the date of filling of such appeal.”. 18 1974 29 The Haryana Canal and Drainage Act, 1974 In section 58, for the words and signs, “shall, in respect of offences under clauses (a), (b), (c), (g) and (k) above, be liable on conviction to a fine not exceeding one thousand rupees or to imprisonment not exceeding six months or both and in case of continuing offence/ contravention, with an additional fine which may extend to five hundred rupees for every subsequent day. In respect of other offences, the offender shall be liable on conviction to a fine not exceeding one thousand rupees or imprisonment not exceeding one month, or both”, the words and signs “shall, in respect of contraventions under clauses (a), (b), (c), (g) and (k) above, be liable to a penalty not exceeding one lakh rupees with an additional penalty which may extend to five thousand rupees for every subsequent day in case of continuing contravention. In respect of other contraventions under clauses (d), (e), (f), (h), (i) and (j), he shall be liable to a penalty not exceeding twenty-five thousand rupees” shall be substituted. 19 1975 8 The Haryana Development and Regulation of Urban Areas Act, 1975 For sub-section (1) of section 10, the following sub-section shall be substituted, namely:- “10. Penalties.- (1) Any person who contravenes any of the provisions of this Act or the rules made thereunder or any of the conditions of a licence granted under section 3, shall be liable to pay the penalty as may be specified: Provided that any person who contravenes the provisions of section 7 of the Act shall be punishable with imprisonment of either description for a term, which may extend upto one year and shall also be liable to pay fine, which may extend upto the double of the collector rate, but not less than half of the collector rate on the land applicable to which the contravention has been made.”. 20 1975 9 The Haryana Requisitioning and Acquisition of Movable Property Act, 1975 In section 16 for the words “shall be punishable with an imprisonment which may extend to one year or with fine or with both”, the words “shall be liable to a penalty which may extend to one thousand rupees” shall be substituted. 21 1983 10 The Haryana Apartment Ownership Act, 1983 For section 24A, the following section shall be substituted, namely:- “24A Penalties.- (1) Any owner of property/building who does not file declaration within the period specified under section 2, shall be liable to pay a penalty not less than ten lakh rupees but may extend upto fifty lakh rupees. (2) If the owner of the property/building fails to pay the penalty as imposed under sub-section (1) within a specified period but not exceeding six months, the Director or authorized officer may take such measure as may appear necessary and in default thereof the owner of property/building shall be punishable with imprisonment of either description for a term which may extend to one year and shall also be liable to a fine of not less than fifty lakh rupees and ten thousand rupees for each day of continuing offence.”. 22 1984 22 The Haryana Co-Operative Societies Act, 1984 1. In section 117,- (i) in sub-section (2), for the words “punishable with fine which may extend to five thousand rupees”, the words “liable to a penalty which may extend to fifty thousand rupees” shall be substituted; (ii) For sub-sections (3), (4), (5), (6), (7) and (8), the following sub-sections shall be substituted, namely:- “(3) A co-operative society or any officer or a member thereof making a false return or furnishing false information, or any person who willfully or without any reasonable excuse disobeys any summons, requisition or lawful written order issued under this Act, or fails to furnish information required by an authorized person, shall be liable to a penalty which may extend to fifty thousand rupees to be imposed by the Registrar or any officer authorized by him. (4) Any employer or officer or agent acting on behalf of such employer who, without sufficient cause, fails to deposit with a co-operative society, the amount deducted by him under section 45 within fourteen days from the date of deduction shall, without prejudice to any action that may be taken against him under any law for the time being in force, be liable to a penalty which may extend to fifty thousand rupees. (5) Any officer or custodian who willfully fails to produce or hand over custody of books, record, cash, security and other property belonging to a co-operative society, to a person entitled under sections 50, 51, 95, 97, 98, 99 and 106, shall be liable to a penalty which may extend to fifty thousand rupees or deduction of his one month salary whichever is higher and in case of a continuing breach beyond six months with a further penalty which may extend to one hundred rupees for every day during which the breach is continued after imposing penalty for the first such breach. (6) Any person who fraudulently acquires or abets in the acquisition of any property which is subject to a charge under section 52 and 53 shall be liable to a penalty which may extend to fifty thousand rupees. (7) Any person who transfers the property which is subject to a charge of the society with an intent to evade its sale or attachment, shall be liable to a penalty which may extend to fifty thousand rupees. (8) Any person being a member of the managing committee who, without sufficient cause, fails to get the accounts audited in accordance with the provisions of section 95 shall be liable to a penalty which may extend to fifty thousand rupees;”; (iii) For sub-section (16), the following sub-section shall be substituted, namely:- “(16) Any person who knowingly gives a false certificate, in whatever form, showing that a person is or is not a defaulter or an active member, shall be liable to a penalty which may extend to fifty thousand rupees.”; (iv) For sub-section (18), the following sub-section shall be substituted, namely:- “(18) If any person willfully or without reasonable cause fails to provide information as required under sub-section (2) of section 120 within the prescribed period, he shall be liable to a penalty of one thousand rupees per day, which may extend to thirty thousand rupees in total. Explanation.- The penalties under sub-sections (2), (3), (4), (5), (6), (7), (8), (16) and (18) shall be recoverable as arrears of land revenue and shall be appealable before the Government under section 117A.”; (v) For sub-section (20), the following sub-section shall be substituted, namely:- “(20) The contraventions specified under sub-sections (2), (3), (4), (5), (6), (7), (8), (16) and (18) shall be compoundable and adjudicable by the Registrar or any officer authorized by him.”. 2. After section 117, the following section shall be inserted, namely:- “117A. Appeal.- (1) Any person aggrieved by an order passed under sub-sections (2), (3), (4), (5), (6), (7), (8), (16) and (18) of section 117 may, within sixty days from the date of such order, prefer an appeal to the Government. (2) The Government may, after giving the appellant an opportunity of being heard, confirm, modify or set aside the order appealed against and its decision shall be final.”. 23 1991 14 The Haryana Shri Mata Mansa Devi Shrine Act, 1991 1. In section 33, for the words “he shall be punishable with fine which may extend to one thousand rupees or in default with imprisonment for a term which may extend to one month”, the words “he shall be liable to a penalty which may extend to ten thousand rupees for each such refusal or failure” shall be substituted. 2. In section 34, for the words and signs “shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both”, the words “shall be liable to a penalty which may extend to fifty thousand rupees” shall be substituted. 24 1992 10 The Haryana Shri Mata Sheetla Devi Shrine Act, 1991 1. In sub-section (4) of section 26, for the words “to be detained in civil prison for a term not exceeding one year” the words “to pay a penalty which may extend to fifty thousand rupees” shall be substituted. 2. In section 33, for the words “he shall be punishable with fine which may extend to one thousand rupees or in default with imprisonment for a term which may extend to one month”, the words “he shall be liable to a penalty which may extend to ten thousand rupees for each such refusal or failure” shall be substituted. 3. For clause (c) of section 34, the following clause shall be substituted, namely:- “(c) wrongfully removes, destroys or mutilates property, documents or books of accounts of the Shrine, shall be liable to a penalty which may extend to fifty thousand rupees.”. 1. For section 12, the following section shall be substituted, namely:- 25 1992 15 The Haryana Regulation and Control of Crushers Act, 1991 “12. Penalties.- Whoever contravenes any of the provisions of section 3 of this Act shall be liable to a penalty which shall not be less than two lakh rupees but may extend to four lakh rupees.”. 2. Section 13 shall be omitted. 1. For section 5, the following section shall be substituted, namely:- 26 1993 16 The Haryana Cotton Ginning and Pressing Factories Act, 1992 “5. Prohibition of admixture of cotton in specified areas and penalties therefor.- (1) The State Government may, by notification in the Official Gazette, prohibit, in any area specified in the notification, any admixture of cotton which is ginned or pressed in a cotton ginning or cotton pressing factory. (2) In any area specified in the notification under sub-section (1), if- (a) any owner of a cotton ginning or cotton pressing factory gins or presses or allows to be ginned or pressed any cotton which he knows or has reason to believe to contain an admixture of cotton; or (b) any person makes any admixture of cotton, or abets or knowingly allows or connives at such admixture of cotton which is ginned and which is being, or is intended to be pressed in a cotton pressing factory, he shall be liable to a penalty which shall not be less than twenty-five thousand rupees but may extend to fifty thousand rupees for the first violation, one lakh rupees for the subsequent violation and in case the violation still continues then the licence shall be suspended for a minimum period of two years.”. 2. For section 6, the following section shall be substituted, namely:- “6. Penalty for watering, etc.- (1) Any owner of a cotton ginning or cotton pressing factory who knowingly or having reason to believe that any cotton is watered or contains seed in excess of the prescribed proportion or contains any foreign substance or cotton waste, gins or presses or allows such cotton to be ginned or pressed in such factory shall be liable to a penalty which shall not be less than twenty-five thousand rupees but may extend to fifty thousand rupees for the first violation, one lakh rupees for the subsequent violation and in case the violation still continues then the licence shall be suspended for a minimum period of two years. (2) Any person who knowingly waters or wets any cotton or mixes seed or foreign substance or cotton waste with any cotton or abets or knowingly allows or connives at such watering, wetting or mixing of cotton, which is ginned and which is being or is intended to be pressed in a cotton pressing factory shall be liable to a penalty which shall not be less than twenty-five thousand rupees but may extend to fifty thousand rupees for the first violation, one lakh rupees for the subsequent violation and in case the violation still continues then the licence shall be suspended for a minimum period of two years.”. 27 1994 16 The Haryana Municipal Corporation Act, 1994 For section 380, the following section shall be substituted, namely:- “380. Punishment or penalties for certain offences.- (1) Whoever – (a) contravenes any provisions of this Act mentioned in the first column of the Table (i) or Table (ii) in the Third Schedule as annexed with this Act as Annexure A; or (b) fails to comply with any order lawfully given to him or any requisition lawfully made upon him under any of the said sections, sub-sections, clauses, provisos or other provisions shall be– (i) punishable with fine which may extend to the amount, specified in the third column of the Table (i) of the Third Schedule; and in the case of a continuing contravention or failure, with an additional fine which may extend to the amount specified in the fourth column of Table (i) for everyday during which such contravention or failure continues after conviction for the first such contravention or failure; or (ii) liable to pay a penalty which may extend to the amount, specified in the third column of the Table (ii) of the Third Schedule; and in the case of a continuing contravention or failure; with an additional penalty which may extend to the amount specified in the fourth column of Table (ii) for everyday during which such contravention or failure continues.”. (2) For the existing Third Schedule, the Third Schedule as annexed as Annexure A with this Act shall be substituted.”. 28 1996 9 The Haryana Mechanical Vehicles (Levy of Tolls) Act, 1996 In sub-section (1) of section 10, for the words and signs “shall on conviction be liable to a fine of one thousand rupees, which may extend to five thousand rupees and in default, sentenced to simple imprisonment for a term not exceeding six months”, the words “shall be liable to a penalty of not less than ten thousand rupees but may extend to one lakh rupees” shall be substituted. 29 2001 6 The Haryana Murrah Buffalo and other Milch Animal Breed (Preservation and Development of Animal Husbandry and Diary Development Sector) Act, 2001 For section 11, the following section shall be substituted, namely:- “11. Penalties.- Any person who commits or abets the commission of an act in violation of the provisions contained in section 10 shall be liable to a penalty of twenty thousand rupees to be imposed by the Deputy Director, Animal Husbandry and Dairying Department of the concerned district or by any other competent authority as may be specified. In the event of a second or subsequent contravention, the person shall be liable to a penalty of one lakh rupees. (2) Any person aggrieved by the imposition of a penalty may prefer an appeal within fifteen days from the date of imposition of such penalty. The Director General, Animal Husbandry and Dairying Department shall be the appellate authority for this purpose. The appellate authority may delegate its power to hear the appeal to any officer of the department not below the rank of Joint Director. The appeal shall be decided by the appellate authority within thirty days, after affording the appellant an opportunity of being heard.”. 1. For sub-section 30 2003 6 The Haryana Value Added Tax Act, 2003 (2) of section 53, the following sub-section shall be substituted, namely:- “(2) Save as provided in sub-section (3), if any officer of the State Government discloses any of the particulars referred to in sub-section (1), he shall be liable to a penalty which may extend to one lakh rupees to be imposed by the Commissioner. Explanation.- For the purposes of this sub-section, the Commissioner may summon and enforce the attendance of any person acquainted with the facts and circumstances of the case to give evidence or to produce any documents, which in the opinion of the Commissioner, may be useful for or relevant to the subject matter and if he is satisfied that the officer concerned has contravened the provisions of sub-section (1), he may impose such penalty, as he thinks fit: Provided that no such penalty shall be imposed without giving the officer concerned a reasonable opportunity of being heard.”. 2. After section 53, the following section shall be inserted, namely:- “53A. Appeal.- (1) Any person aggrieved by an order passed under sub-section (2) of section 53, may prefer an appeal within a period of sixty days from the date of receipt of such order to the appellate authority, as may be specified: Provided that the appellate authority may entertain an appeal after the expiry of the said period of sixty days, if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the stipulated period. (2) The appellate authority may, after giving the parties to the appeal an opportunity of being heard, pass such order, as he may think fit. (3) An appeal under sub-section (1) , shall be disposed of within a period of one hundred and eighty (180) days from the date of filing of appeal.”. 31 2008 7 The Haryana Evacuee Properties (Management and Disposal) Act, 2008 For section 13, the following section shall be substituted, namely:- “13. Penalties.- Any person who furnishes false, wrong or incorrect information, document or evidence in any manner whatsoever to any officer appointed under this Act, shall be liable to a penalty which shall not be less than twenty thousand rupees but may extend to fifty thousand rupees: Provided that the imposition of a penalty under this section shall not be a bar for prosecution under the provisions of the Bharatiya Nyaya Sanhita, 2023 (Central Act 45 of 2023) or any other law for time being in force.”. 32 2008 31 The Haryana Underground Pipelines (Acquisition of Right of User in Land) Act, 2008 For section 16, the following section shall be substituted, namely:- “16. Penalties.- (1) Whoever willfully obstructs any person in doing any of the acts authorized under sections 5, 6 or 7 or willfully fills up, destroys, damages or displaces any trench or mark made under section 5 or willfully does anything prohibited under the proviso to sub-section (1) of section 8, shall be liable for a penalty of fifty thousand rupees and in case of subsequent violation, the penalty imposed shall be double of the penalty imposed for the first violation. (2) Whoever willfully removes, displaces, damages or destroys any underground pipeline laid, may be liable to pay the assessed amount of damage alongwith a penalty of ten thousand rupees and in case of subsequent violation, the penalty imposed shall be double of the penalty imposed for the first violation.”. 33 2008 38 The Haryana Regulation of Property Dealers and Consultants Act, 2008 For section 17, the following section shall be substituted, namely:- “17. Penalties.- (1) Any person who contravenes any provisions of this Act or any rules made thereunder, shall be liable to a penalty of fifty thousand rupees and in case of subsequent violation, the penalty imposed shall be double of the penalty imposed for the first violation. (2) Any person or company or society found indulging in the property dealing or property consulting business, without having a valid license under this Act, shall be liable to a penalty of fifty thousand rupees in case of an individual or one lakh rupees in case of a society, company or any organization and shall also be liable to pay all the benefits so received and the damages suffered by the affected party while dealing with the property for which commission has been paid by any party to the deal. In case of subsequent violation, the penalty imposed shall be double of the penalty imposed for the first violation.”. 1. For sub-section 34 2008 26 Pandit Bhagwat Dayal Sharma University of Health Sciences Rohtak Act, 2008 (2) of section 5, the following sub-section shall be substituted, namely:- “(2) The contravention of the provisions of sub-section (1), shall be liable to a penalty which may extend to two lakh rupees and in case of subsequent contravention may extend to five lakh rupees as per the regulations laid down in this regard keeping in view the orders and guidelines issued by the competent authorities and academic bodies such as the Government and the University Grants Commission.”. 2. After section 5, the following sections shall be inserted, namely:- “5A. Adjudication.- (1) The Government may for the purpose of determining the penalties may authorize Deputy Commissioner, having jurisdiction, to be the adjudicating officer to hold an inquiry and impose penalty, in the manner as may be specified. (2) The Adjudicating Officer may summon and enforce the attendance of any person acquainted with the facts and circumstances to give evidence or produce any document, which in the opinion of adjudicating officer may be useful for, or relevant to the subject matter of the inquiry, and if, on such inquiry, he is satisfied that the person concerned has failed to comply with provisions of section 6, he may impose penalty: Provided that no such penalty shall be imposed without giving the person concerned a reasonable opportunity of being heard. 5B. Appeal.- Whoever aggrieved by the order passed by the Adjudicating Officer under section 5A may prefer an appeal to the Divisional Commissioner, having jurisdiction to be an appellate authority specially authorized by the Government or administration in this behalf, within sixty days from the date of receipt of order, in such form and manner as may be specified. (2) An appeal may be admitted after the expiry of the period of sixty days if the appellant satisfies the appellate authority that he had sufficient cause for not preferring the appeal within that period. (3) The appellate authority may, after giving the parties to the appeal an opportunity of being heard, pass such order, as he may think fit. (4) An appeal under sub-section (1), shall be disposed of within the period of sixty days from the date of filing of appeal.”. 35 2009 6 The Haryana Preservation of Sub-Soil Water Act, 2009 For section 7, the following section shall be substituted, namely:- “Penalties.-(1) Any farmer, who contravenes any of the provisions of this Act, shall be liable to a penalty of twenty-five thousand rupees for every month or part thereof per hectare of land. In case the farmer fails to pay the penalty, he shall be debarred from getting the benefits of departmental schemes for a period of two years. (2) The penalty referred to in sub-section (1), shall be in addition to the recovery of the expenses, actually incurred for destroying the nursery of paddy sown or transplanted before the notified date. (3) Before passing any order for imposing any penalty under sub-section (1), the authorized officer shall make such enquiry, as he may deem necessary and shall give an opportunity of being heard to the concerned farmer.”. 1. For clause 36 2010 12 The Haryana Shri Kapal Mochan, Shri Badri Narain, Shri Mantra Devi and Shri Kedar Nath Shrine Act, 2009 (b) of section 33, the following clause shall be substituted, namely:- “(b) refuses, or willfully fails to furnish any reports, statements, accounts or other information called for under this Act, shall be liable to a penalty which may extend to ten thousand rupees for each such refusal or failure.”. 2. For clause (c) of section 34, the following clause shall be substituted, namely:- “(c) wrongfully removes, destroys or mutilates property, documents or books of accounts of the Shrine, shall be liable to a penalty which may extend to fifty thousand rupees.”. 37 2014 6 The Haryana Clinical Establishments (Registration and Regulation) Act, 2014 1. In section 36,- (i) in sub-section (2), for the word “fine”, the word “penalty” shall be substituted; (ii) for sub-section (3), the following sub-section shall be substituted, namely:- “(3) Any person who continues to run a clinical establishment after the order of closure under sub-section (2), shall be liable to a penalty which may extend to five lakh rupees.”. 2. In section 37,- (i) in sub-section (2), for the words “shall be punished with fine”, the words “shall be liable to a penalty” shall be substituted; (ii) in sub-section (3), for the words “shall be punished with fine”, the words “shall be liable to a penalty” shall be substituted; (iii) for sub-section (4), the following sub-section shall be substituted, namely:- “(4) Whoever being required by or under this Act to supply any information, willfully withholds such information or gives information which he knows to be false or which he does not believe to be true, shall be liable to a penalty which may extend to two lakh rupees.”; (iv) in sub-section (5), for the words “any fine”, the words “a penalty” shall be substituted; (v) in sub-section (7), for the words “punished with fine”, the words “liable to a penalty” shall be substituted. 1. For sub-section 38 2016 27 Pandit Deen Dayal Upadhaya of University of Health Sciences, Karnal Act, 2016 (2) of section 5, the following sub-section shall be substituted, namely:- “(2) The contravention of the provisions of sub-section (1) shall be liable to a penalty which may extend to two lakh rupees and in case of subsequent contravention may extend to five lakh rupees as per the regulations laid down in this regard keeping in view the orders and guidelines issued by the competent authorities and academic bodies such as the Government and the University Grants Commission.”. 2. After section 5, the following sections shall be inserted, namely:- “5A. Adjudication.- (1) The Government may for the purpose of determining the penalties may authorize Deputy Commissioner, having jurisdiction, to be the adjudicating officer to hold an inquiry and impose penalty, in the manner as may be specified. (2) The adjudicating officer may summon and enforce the attendance of any person acquainted with the facts and circumstances to give evidence or produce any document, which in the opinion of adjudicating officer may be useful for, or relevant to the subject matter of the inquiry, and if, on such inquiry, he is satisfied that the person concerned has failed to comply with provisions of section 6, he may impose penalty: Provided that no such penalty shall be imposed without giving the person concerned a reasonable opportunity of being heard. 5B. Appeal.- Whoever aggrieved by the order passed by the Adjudicating Officer under section 5A may prefer an appeal to the Divisional Commissioner, having jurisdiction to be an appellate authority specially authorized by the Government or administration in this behalf, within sixty days from the date of receipt of order, in such form and manner as may be specified. (2) An appeal may be admitted after the expiry of the period of sixty days if the appellant satisfies the appellate authority that he had sufficient cause for not preferring the appeal within that period. (3) The appellate authority may, after giving the parties to the appeal an opportunity of being heard, pass such order, as he may think fit. (4) An appeal under sub-section (1) shall be disposed of within the period of sixty days from the date of filing of appeal.”. 1. For sub-section 39 2017 3 The Haryana Nurses and Nurse-Midwives Act, 2017 (2) of section 32, the following sub-section shall be substituted, namely:- “(2) Whosoever contravenes the provisions of sub-section (1), shall be liable to a penalty which may extend to two lakh rupees.”. 2. After section 32, the following sections shall be inserted, namely:- “32A. Adjudication.- (1) The Government for the purpose of imposing the penalties, may authorize the Sub Divisional Magistrate, having jurisdiction, to be the adjudicating officer to hold an inquiry and impose penalty. (2) The adjudicating officer may summon and enforce the attendance of any person acquainted with the facts and circumstances of the case to give evidence or produce any document, which in the opinion of adjudicating officer may be useful for, or relevant to the subject matter of the inquiry, and if, on such inquiry, he is satisfied that the person concerned has failed to comply with the provisions of section 32, may impose penalty: Provided that no such penalty shall be imposed without giving the person concerned reasonable opportunity of being heard. 32B. Appeal.- Whoever aggrieved by the order, passed by the adjudicating officer under section 32A, may prefer an appeal to the Deputy Commissioner, having jurisdiction, to be an appellate authority, specially authorized by the Government or administration in this behalf, within sixty days from the date of receipt of order: Provided that the appellate authority may entertain an appeal after the expiry of the said specified period, if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the stipulated period. (2) The appellate authority may, after giving the parties to the appeal an opportunity of being heard, pass such order, as he may think fit. (3) An appeal under sub-section (1) shall be disposed of within sixty days from the date of filing of such appeal.”. 1. For section 26, the following section shall be substituted, namely:- 40 2019 17 The Haryana Animal (Registration, Certification and Breeding) Act, 2019 “26. Penalties for contravention of section 16 and 17.- (1) Any person who acts or abets the commission of an act in contravention of the provisions contained in section 16 and section 17 shall be liable to a penalty of twenty thousand rupees to be imposed by the Deputy Director, Animal Husbandry and Dairying Department of the concerned district or by any other competent authority as may be specified. In the event of a second or subsequent contravention, he shall be liable to a penalty of one lakh rupees. (2) Any person aggrieved by the imposition of a penalty may prefer an appeal within fifteen days from the date of imposition of such penalty. The Director General, Animal Husbandry and Dairying Department shall be the appellate authority for this purpose. The appellate authority may delegate its power to hear the appeal to any officer of the department not below the rank of Joint Director. The appeal shall be decided by the appellate authority within thirty days, after affording the appellant an opportunity of being heard.”. 2. For section 27, the following section shall be substituted, namely:- “27. Penalties.- (1) Any person who acts or abets the commission of an act in violation of the provisions contained in sections other than section 16 and section 17, shall be liable to a penalty of one lakh rupees to be imposed by the Deputy Director, Animal Husbandry and Dairying Department of the concerned district or by any other competent authority as may be specified. In the event of a second or subsequent contravention, the person shall be liable to a penalty of two lakh rupees. (2) Any person aggrieved by the imposition of a penalty may prefer an appeal within fifteen days from the date of imposition of such penalty. The Director General, Animal Husbandry and Dairying Department shall be the appellate authority for this purpose. The appellate authority may delegate its power to hear the appeal to any officer of the department not below the rank of Joint Director. The appeal shall be decided by the appellate authority within thirty days, after affording the appellant an opportunity of being heard.”. 1. For section 25, the following section shall be substituted, namely:- 41 2022 14 The Haryana Fire and Emergency Services Act, 2022 “25. Penalties for violation of section 12.- Whoever contravenes the provisions of sub-section (1) of section 12, without prejudice to any other action taken against him under this Act shall be liable to a penalty which may extend to fifty thousand rupees to be imposed by the Director or any officer authorized by him in this behalf. In case of subsequent violation, the penalty imposed shall be double of the penalty imposed for first violation.”. 2. For section 29, the following section shall be substituted, namely:- “29. False report.-Any person who knowingly gives or causes to be given a false report of the outbreak of a fire to any person authorized to receive such report by means of a statement, message or otherwise shall be liable to a penalty which may extend to ten thousand rupees to be imposed by the Director or any officer authorized by him in this behalf. In case of subsequent violation, the penalty imposed shall be double of the penalty imposed for first violation.”. 42 2024 12 The Haryana Registration and Regulation of Private Coaching Institutes Act, 2024 For section 10, the following sections shall be substituted, namely:- “10. Penalty.- In case of violation of any of the provisions of this Act or the rules made or guidelines issued under this Act, a private coaching institute shall be liable for each such violation with a penalty of twenty-five thousand rupees for the first violation, one lakh rupees for the subsequent violation and in case the violation still continues then the registration of private coaching institute shall be cancelled. 10A. Competent authority and appellate authority.- The Authority constituted under section 3 of this Act shall be the competent authority to impose penalty under section 10 after giving a reasonable opportunity of being heard to an institute and an appeal against such order of the competent authority may be filed within thirty days of such order to the appellate authority constituted under section 8 of this Act.”.