THE SCHEDULE

(See Section 2) S.No Year No Short Title Amendments (1) (2) (3) (4) (5) 1. 1948 8 Madhya Pradesh Fisheries Act, 1948 (1) For sub-section (3) of Section 3, the following sub-section shall be substituted, namely:- "(3) (a) prohibit the destruction of, or any attempt to destroy, fishes by explosives, chemical, gun, bow, arrow or the like in inland waters; (b) prescribe the seasons during which the killing, catching or sale of fish of any prescribed species shall be prohibited; (c) prescribe a minimum size or weight below which no fish of any prescribed species shall be sold; (d) fishing with a net having a smaller mesh than that prescribed under the rules made under this Act; (e) prohibit fishing without a lease.". (2) For Section 5, the following section shall be substituted, namely:- "5. Penalties,- (1) If any person who contravenes any of the provisions of clause (a) of sub-section (3) of Section 3 shall be punishable on conviction imprisonment for a term which may extend to one year. (2) If any person who contavenes the provision mentioned in clause (b) of sub-section (3) of Section 3 shall be liable to pay a penalty which may extend to rupee two lakhs and for offence mentioned in clause (c) (d) and (e) of sub-section (3) of Section 3 shall be liable to pay a penalty which may extend to rupees fifty thousand, imposed by the Director of Fisheries or any authorized officer.". (3) For Section 5-A, the following section shall be substituted, namely:- "5-A. Cognizance of offence.- Offence under this Act, classified in clause (a) of sub-section (3) of Section 3 shall be cognizable.". (4) Section 8 shall be omitted. 2. 1948 9 Madhya Pradesh Agriculture Warehouse Act, 1947 (1) For Section 23, the following section shall be substituted, namely:- "23. Penalty. (1) Any person who knowingly and willfully infringes provisions or requirements of Section 15, 16 and 18 of this Act or the rules made thereunder, above said sections shall, on conviction by a magistrate, be liable to be punished with imprisonment for a term which may extend to three years, or with fine, or with both: Provided that an offerice under this Act shall be compoundable with permission of the court. (2) If a person who knowingly and willfully infringes any of the provisions or requirements of the provisions other than Section 15, 16 and 18 of this Act or the rules made thereunder shall be liable to be imposed such penalty by the competent authority as provided in Schedule to this Act.". (2) After Section 24, the following section shall be added, namely:- "25. Appeal.- (1) If a warehouseman is aggrieved with the order passed by the competent authority, he may prefer an appeal before the Commissioner, Directorate of Food, Civil Supplies and Consumer Protection, Bhopal, within 30 days from the issuance of the said order. (2) If a warehouseman is aggrieved with the order passed by the Commissioner, Directorate of Food, Civil Supplies and Consumer Protection, Bhopal, he may prefer an appeal before Additional Chief Secretary/Principal Secretary, Department of Food, Civil Supplies and Consumer Protection, Government of Madhya Pradesh within 45 days from the issuance of the said order.". (3) After Section 25, the following Schedule shall added, namely:- " SCHEDULE [See Section 23(2)] S.No. Section Sub-Section Provision Competent Authority Penalty Provision (1) (2) (3) (4) (5) (6) 1 3 (2) Carrying out the business of a warehouseman without a license granted under the Madhya Pradesh Agricultural Warehousing Act, 1947. Commissioner/Director, Food, Civil Supplies and Consumer Protection Up to Rupees 1 lakh for the warehouses holding capacity up to 5000 metric tone. Up to Rupees 3 lakh for the warehouses holding capacity more then 5000 metric tone. 3 (3) In case of not applying for renewal of license (up to three months after expiry of validity period). Commissioner/Director, Food, Civil Supplies and Consumer Protection Up to Rupees 5,000 1970. For Section 35, the following Section shall be substituted, namely:- In case of not applying for renewal of license (between 3 to 6 months after expiry of validity period). Up to Rupees 10,000 In case of not applying for renewal of license (6 months after expiry of validity period). Cancellation of License 2. 12 In the absence of any lawful the produce by the excuse, delaying the delivery of warehouseman to the depositor the after surrendering the warehouse receipt with the payment of charges due and demanding the delivery of the produce by the depositor. Collector Full storage charges for delay period and up to 3% of Actual payable value for the deliverable stock. 3 13 In case of not insuring the stored produce in warehouse as per prescribed norms. Collector Up to 5 times the amount of monthly premium installment of insured stored stock value.". 3. 1956 23 Madhya Pradesh Muncipal Corporation Act, 1956 in Section 195, in sub-section (5), for the word "fine" wherever it occurs the word "penalty" shall be substituted. 4. 1961 37 Madhya Pradesh Muncipalities Act, 1961 in Section 208, in sub-section (5), for the word "fine" wherever it occurs the word "penalty" shall be substituted. 5. 1971 5 Madhya Pradesh Ayurvedic, Unani Tatha Prakritik Chikitsa Vyavsayi Adhiniyam, "35. Penalty.- Whosoever wilfully or falsely assures or uses any title or description on or any addition to his name implying that he holds a recognised qualification or that he is a registered practitioner or that his name is entered in the list maintained under Section 28 or acts in contravention of the provisions of Section 34 shall be liable with a penalty which may extend to fifty thousand rupees for the first contravention and with a penalty which may extend to one lakh rupees for every subsequent contravention.". 6. 1973 24 The Madhya Pradesh Krishi Upaj Mandi Adhiniyam, 1972. (1) For section 48, the following Section shall be substituted, namely:- "48. Penalty for contravention of Section 6 or Section 31 or sub-section (2) of Section 37.- (1) When it comes to the notice of the Secretary of a Market Committee that any person has acted in contravention to the provisions of sub-section (b) of Section 6 or Section 31 he may after conducting suitable enquiry and giving the person an opportunity of being heard, may impose a penalty of one lakh rupees for the first contravention and such amount shall be . Subsequent shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to one lakh rupees, or with both. (2) Whoever contravenes the provisions of sub-section (2) of Section 37 shail, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to five thousand rupees, or with both; and in the case of a continuing contravention, with a further fine which may extend to one thousand rupees per day during which the contravention is continued after the first conviction: Provided that in absence of special and adequate reasons to the contrary mentioned in the judgment of the Court the punishment for the second or any subsequent offence shall not be less than imprisonment for a term of three months and a fine of five thousand rupees.". (3) In Section 49,- (i) for sub-section (1), the following sub-section shall be substituted, namely:- "(1) (a) whoever has acted in contravention of the provisions of Section 35 shall be liable for a penalty of five thousand rupees and on subsequent contravention, a penalty of one thousand rupees for every day may be imposed during which such contravention is continued. The financial loss due to such contravention shall be recovered; (b) If such contravention is committed by a person working under the Secretary of Market Committee, penalty shall be imposed by the Secretary; (c) If such contravention is committed by the Secretary of a Market Committee, penalty shall be imposed by the Managing Director, Mandi Board"- (ii) for sub-section (2), the following sub-section shall be substituted, namely:- "(2) Whoever has acted in contravention to any condition of a license granted by a Market Committee, shall be liable for a penalty which may extend to five thousand rupees to be imposed by the Secretary of Market Committee.". (iii) for sub-section (4), the following sub-section shall be substituted, namely:- "(4) If any officer, servant or member of a Market Committee, when required to furnish information in regard to the affairs or proceedings of a Market Committee under clause (a) of sub-section (1) of Section 54,- (a) wilfully neglects or refuses to furnish any information; or (b) wilfully furnishes false information, shall be liable for a penalty which may extend to one lakh rupees. (iv) for sub-section (6), the following sub-section shall be substituted, namely:- "(6) Any person who has fraudulently evaded the payment of any fee or other sum due to the Market Committee under the provisions of this Act or the rules or bye-laws made thereunder or evades the payment due towards on to any weighman or hammal, or demands remuneration without authority of the seller or buyer for his employment or demands remuneration otherwise than in accordance with the provisions of the rules and bye-laws made under this Act, shall be liable for a penalty which may extend to five thousand rupees to be imposed by the Secretary of Market Committee and in case of subsequent contravention a penalty of one thousand rupees for every day may be imposed during which such contravention is continued: Provided that the total penalty shall not exceed five times the actual dues.". (v) for sub-section (7), the following sub-section shall be substituted, namely:- "(7) Whoever contravenes any provision of this Act or any rules or bye-laws made thereunder for which no other penalty is provided for, shall be liable with a penalty which may extend to five thousand rupees to be imposed by the Secretary of Market Committee.". (3) sub-section (3) of Section 79 shall be omitted. (4) sub-section (3) of Section 80 shall be omitted. 7. 1973 46 The Madhya Pradesh Upcharika, Prasavika, Sahai Upcharika Prasavika Tatha Swasthya Paridarshak Registrikaran Adhiniyam, 1972. (1) For Section 23, the following Section shall be substituted, namely:- "23. Prohibition from practice except as provided in the Act.- (1) No person shall practice as a nurse, midwife, auxiliary nurse-midwife, health visitor in the State, whether regularly or for personal gain, unless authorised under this Act. (2) Any person who contravenes the provisions of sub-section (1) possessing recognised qualification but is not registered in the Council,- (a) on first contravention, she/he shall be liable to a penalty which may extend to rupees ten thousand imposed by the Registrar. (b) on second and subsequent contraventions, she/he shall be liable to a penalty imposed by the Registrar, which may extend to rupees five hundred for each day if the contravention continues, after the expiration of thirty days: stipulated for registration with the Council.". 8. 1973 47 The Madhya Pradesh Upcharyagriha Tatha Rujopchar Samabandi Sthapnaye (Registrikaran Tatha Anugyapan) Adhiniyam, 1973. (1) For Section 8, the following Section shall be substituted, namely:- "8. Penalties for offences under the Act.- Any person.- (1) who contravenes the provisions of Section 3; or (2) who contravenes the provisions of sub-section (2) of Section 7; or (3) who being the holder of a licence granted under this Act in respect of any nursing home or clinical establishment, uses or allows such nursing home or clinical establishment to be used for unsocial or immoral purposes or both; Shall be on verified proof of contravention- (i) on first instance, be liable for the penalty which may extend to one lakh rupees imposed by the Supervising Authority. (ii) on conviction for a second or subsequent offence be punishable with rigorous imprisonment for a term which may extend to three months and shall in addition be liable to fine which may extend to one thousand rupees for every day for which the offence continues after conviction.". (2) For Section 8-A, the following Section shall be substituted, namely:- "8-A. Penalty for deficiencies.- Any person who contravenes any provision of this Act or rules made thereunder resulting in deficiencies that do not pose any imminent danger to the health and safety of any patient which can be rectified within a reasonable time, shall be liable for a penalty which may extend to twenty thousand rupees imposed by the Supervising Authority.". (3) For Section 10, the following Section shall be substituted, namely:- "10. Penalty for serving in an unlicenced or unregistered nursing home or clinical establishment.- Any person who knowingly serves in a nursing home or clinical establishment which is not duly registered or licensed under this Act or which is used for unsocial or immoral purposes shall be liable with a penalty which may extend to ten thousand rupees imposed by the Supervising Authority.". 1976. For Section 50, the following section shall be substituted, namely:- 9. 1976 19 The Madhya Pradesh Homoeopathy Parishad Adhiniyam, "50. Penalty. - Any person who contravenes any of the provisions of this Act or any of the rules made thereunder shall, on contravention shall be liable with penalty which may extend to twenty thousand rupees on first contravention and if the persons so contravening is an association, every member of such association who knowingly or willingly authorises or permits the contravention shall be imposed with a penalty which may extend to fifty thousand rupees on the first contravention and one lakh rupees for every subsequent contravention.". 1987. For Section 24, the following section shall be substituted, namely:- 10. 1990 11 The Madhya Pradesh Ayurvigyan Parishad Adhiniyam, "24. Penalty.- (1) If any person who holds a recognised medical qualification but whose name is not enrolled as per the provisions of this Act, practices in the State of Madhya Pradesh,- (a) on first contravention, she/he shall be liable for a penalty which may extend to rupees one lakh imposed by the Registrar. (b) on second and subsequent contraventions, she/he shall be liable for a penalty imposed by the Registrar, which may extend to two thousand rupees for each day the contravention continues, after the expiration of the stipulated sixty days period, from the date of such contravention. (2) If any person who does not hold a recognised medical qualification and whose name is not enrolled as per the provisions of this Act, or falsely claims to possess a recognised qualification or registration under this Act, practices in the State of Madhya Pradesh, she/he shall be punishable with rigorous imprisonment for a term which may extend to three years and with fine which may extend to rupees two lakhs.". 11. 1991 25 The Madhya Pradesh Motoryan Karadhan Adhiniyam, 1991. (1) Section 12 shall be omitted. (2) For Section 17, the following section shall be substituted, namely:- "17. General provisions for contravention of any provision of this Act or rules.- Whoever, contravenes any provision of this Act, or of any rules made thereunder shall be liable for the penalty of one hundred rupees and for any second or subsequent contravention shall be liable for the penalty which may extend to three hundred rupees.". 12. 1994 1 The Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993. (1) In Section 55, for sub-section (3-A), the following sub-section shall be substituted, namely:- "(3-A) Notwithstanding anything contained in sub-section (3) whoever contravenes any provision of this section or the rules or bye laws made thereunder or the conditions of permission granted by the Gram Panchayat or fails to comply with any lawful directions or requisition made under any of the said provisions may be prosecuted by the Gram Panchayat or the officer authorised by the State