Schedule-I

(See section 2) Sr. No. Year of Act Number of Act Short title of Act Amendments to Act (1) (2) (3) (4) (5) 1. 1947 XI The Maharashtra Industrial Relations Act. (1) In CHAPTER XVI, for the heading “Penalties” the following heading shall be substituted, namely :- “Offences, Fines and Penalties”. (2) In section 101, in sub-section (3), for the letters and figures “Rs. 5000”, the words “fifty thousand rupees” shall be substituted. (3) In section 102,– (i) for the letters and figures “Rs. 2,500”, the words “ five lakh rupees” shall be substituted ; (ii) for the letters and figures “Rs. 5,000”, the words “ ten thousand rupees” shall be substituted ; (iii) in the marginal note, for the word “Penalty” the word “Fine” shall be substituted. (4) In section 103,– (i) for the letters and figures “Rs. 10”, the words “ ten thousand rupees” shall be substituted; (ii) for the letters and figure “Re.1”, the words “ ten rupees” shall be substituted ; (iii) for the letters and figures “Rs.50”, the words “ five hundred rupees” shall be substituted ; (iv) in the marginal note, for the word “Penalty” the word “Fine” shall be substituted. (5) In section 104, in the marginal note, for the word “Penalty” the word “ Fine” shall be substituted. (6) In section 105, for the portion beginning with the words “ , on conviction,” and ending with the letters and figures “Rs.1,000.”, the following shall be substituted, namely:- “be liable to a penalty, on a complaint made by the party who gave the information or produced the document in such proceeding, which may extend to twenty thousand rupees.”. (7) In section 106,– (i) in sub-section (1), for the letters and figures “Rs. 5,000”, the words “ fifty thousand rupees” shall be substituted ; (ii) in the marginal note, for the word “Penalty” the word “Fine” shall be substituted. (8) In section 106A, for the portion beginning with the words “ , on conviction,” and ending with the words “such failure continues”, the following shall be substituted, namely:- “be liable to a penalty which may extend to fifty thousand rupees and in the case of a continuing failure with an additional penalty which may extend to five hundred rupees for every day during which such failure continues”. (9) In section 107,– (i) for the letters and figures “Rs. 500”, the words “ two lakh rupees” shall be substituted; (ii) for the letters and figures “Rs. 125”, the words “ two thousand rupees” shall be substituted ; (iii) in the marginal note, for the word “Penalty” the word “Fine” shall be substituted. (10) In section 108,– (i) for the letters and figures “Rs. 500”, the words “ fifty thousand rupees” shall be substituted; (ii) in the marginal note, for the word “Penalty” the word “Fine” shall be substituted. (11) In section 109,– (i) after the words “other penalty” the words “or fine” shall be inserted; (ii) for the letters and figures “Rs. 100”, the words “ ten thousand rupees” shall be substituted; (iii) for the letters and figures “Rs. 200”, the words “ twenty thousand rupees” shall be substituted ; (iv) in the marginal note, for the word “Penalties” the word “ Fines” shall be substituted. (12) In section 110,– (i) after the word “fine” the words “or penalty” shall be inserted; (ii) in the marginal note, after the word “fines” the word “ , penalties” shall be inserted. (13) In section 119A,– (i) in sub-section (1), in clause (d), for the words “one thousand rupees”, the words “ one lakh rupees” shall be substituted; (ii) in sub-section (2), for the words “five hundred rupees”, the words “ fifty thousand rupees” shall be substituted. 2. 1949 XV The Maharashtra Nursing Homes Registration Act. (1) In section 6,– (i) for the words “ten thousand rupees” the words “one lakh rupees” shall be substituted ; (ii) in the marginal note, for the word “Penalty” the word “Punishment” shall be substituted. (2) In section 9, for sub-section (2), the following sub-section shall be substituted, namely :– “(2) If any person refuses to allow any such officer to enter or inspect any such premises as aforesaid, or to inspect any such records as aforesaid or furnishes false information or records to any such officer or obstructs any such officer in the execution of his powers under this section, he shall, on conviction, be punished with imprisonment for a term which may extend to six months, or with fine which may extend to fifty thousand rupees, or with both.”. (3) In section 12,- (i) after the words “other penalty” the words “or fine” shall be inserted; (ii) in the marginal note, for the word “Penalty” the word “Fine” shall be substituted. 3. 1958 LX The Maharashtra Stamp Act. (1) In section 59,- (i) in sub-section (1), for the words “rigorous imprisonment for a term which shall not be less than one month but which may extend to six months and with fine which may extend to five thousand rupees” the words “imprisonment for a term which shall not be less than one month but which may extend to six months, or with fine which may extend to one lakh rupees, or with both” shall be substituted; (ii) in sub-section (2), for the words “five hundred rupees” the words “fifty thousand rupees” shall be substituted ; (iii) in the marginal note, for the word “Penalty” the word “Punishment” shall be substituted. (2) In section 60,- (i) for the words “rigorous imprisonment for a term which shall not be less than one month but which may extend to six months and with fine which may extend to five thousand rupees” the words “imprisonment for a term which shall not be less than one month but which may extend to six months, or with fine which may extend to one lakh rupees, or with both” shall be substituted ; (ii) in the marginal note, for the word “Penalty” the word “Punishment” shall be substituted. (3) In section 61,- (i) for the words “one hundred rupees” the words “twenty- five thousand rupees” shall be substituted ; (ii) in the marginal note, for the word “Penalty” the word “Punishment” shall be substituted. (4) In section 62,- (i) in clause (c), for the words “five thousand rupees” the words “five times the deficient portion of the stamp thereof” shall be substituted; (ii) in the marginal note, for the word “Penalty” the word “Punishment” shall be substituted. (5) In section 63A, in sub-section (2), for the words “rigorous imprisonment for a term which shall not be less than one month but which may extend to six months and with a fine which may extend to five thousand rupees” the words “imprisonment for a term which shall not be less than one month but which may extend to six months, or with fine which may extend to one lakh rupees, or with both.”. (6) In section 68A, for the words “imprisonment for a term which shall not be less than one month, but which may extend to six months and with fine which may extend to rupees five thousand” the words “imprisonment for a term which shall not be less than one month, but which may extend to six months, or with fine which may extend to one lakh rupees, or with both” shall be substituted. 4. 1965 XLVI The Maharashtra Medical Council Act, 1965. In section 29,- (i) for the words “five thousand rupees” the words “twenty thousand rupees” shall be substituted ; (ii) in the marginal note, for the word “Penalty” the word “Fine” shall be substituted. 5. 1972 I The Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971. (1) In CHAPTER IX, for the heading “PENALTIES” the heading “OFFENCES” shall be substituted. (2) In section 47,- (i) for the words “one thousand rupees” the words “twenty- five thousand rupees” shall be substituted ; (ii) in the marginal note, for the word “Penalty” the word “Fine” shall be substituted. (3) In section 48,- (i) in sub-section (1), for the words “five thousand rupees” the words “fifty thousand rupees” shall be substituted; (ii) in sub-section (2), in clause (d), for the words “one thousand rupees” the words “one lakh rupees” shall be substituted ; (iii) in sub-section (3), for the words “five hundred rupees” the words “one lakh rupees” shall be substituted. (4) In section 49,- (i) for the words “five hundred rupees” the words “fifty thousand rupees” shall be substituted ; (ii) in the marginal note, for the word “Penalty” the word “Fine” shall be substituted. 6. 1975 XVI The Maharashtra State Tax on Professions, Trades, Callings and Employments Act, 1975. Sections 20, 21 and 23 shall be deleted. 7. 2017 LXI The Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017. (1) In section 7, in sub-section (3), for the words “punishable with a fine of rupees one thousand” the words “liable to penalty of one thousand rupees” shall be substituted. (2) In section 29,- (i) in sub-section (1),- (a) for the portion beginning with the words “punishable with fine” and ending with the words “such contravention continues” the following shall be substituted, namely :- “ liable to penalty which may extend to one lakh rupees and in case of continuing contravention, with an additional penalty which may extend to two thousand rupees for every day during which such contravention continues”; (b) in the proviso, for the word “fine” the word “penalty” shall be substituted; (ii) for sub-section (2), the following sub-section shall be substituted, namely :- “(2) If any person is found to have committed second or subsequent contraventions under sub-section (1) , then he is liable to penalty which may extend to two lakh rupees for such contravention: Provided that, the total amount of penalty shall not exceed two thousand rupees per worker employed.”. (3) In section 31,- (i) in sub-section (1), for the words “shall, on conviction, be punished with fine which may extend to two lakh rupees” the words “shall be liable to penalty which may extend to two lakh rupees” shall be substituted; (ii) in sub-section (2),- (a) for the words “shall, on conviction, be punished with fine which may extend to two lakh rupees” the words “shall be liable to penalty which may extend to two lakh rupees” shall be substituted; (b) in the proviso, for the word “fine” the word “penalty” shall be substituted. (4) After section 31, the following sections shall be inserted, namely :- “31A. Adjudication.- (1) The State Government, for the purposes of determining and imposing penalties under any provisions of this Act, or any rules made thereunder, may appoint an officer not below the rank of Government Labour Officer to be the adjudicating officer, to hold an inquiry and impose a penalty in the manner as may be prescribed: Provided that, the State Government may appoint as many adjudicating officers as may be required. (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 to produce any document, which in the opinion of the adjudicating officer, may be useful for, or relevant to, the subject matter of the inquiry and if, on such inquiry, he is satisfied that the person concerned has failed to comply with any provisions of this Act, or any rules, made thereunder, he may impose a penalty: Provided that no such penalty shall be imposed without giving the person concerned a reasonable opportunity of being heard. 31B. Appeal.– (1) Whoever is aggrieved by the order, passed by the adjudicating officer under section 31A, may prefer an appeal to an officer not below the rank of Deputy Commissioner of Labour, to be an appellate authority, specially authorised by the State Government in this behalf, within sixty days from the date of receipt of order, in such form and manner as may be prescribed. (2) An appeal may be admitted after the expiry of the period of 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 an order as he may thinks fit. (4) An appeal under sub-section (1) shall be disposed of within sixty days from the date of filing. (5) Notwithstanding anything contained in this Act, if the person fails to comply with the order of the adjudicating officer under section 31A or the order of the appellate authority under this section, as the case may be, within ninety days of such order, he shall, in addition to the penalty, be punishable with fine which may extend to two lakh rupees or imprisonment for a term which may extend to three months, or with both.”.