THE SCHEDULE

| Sl. No | Year | No. | Short Title | Amendments | | :--- | :--- | :--- | :--- | :--- | | (1) | (2) | (3) | (4) | (5) | | 1. | 1966 | 4 | The Nagaland Town and Country Planning Act, 1966 | (A) For section 31, the following section shall be substituted, namely:— “Penalty for violation.—31. The Authority shall have power to impose penalty not exceeding rupees fifteen thousand on any person, firm or corporation who violates, disobeys, refuses to comply with, or who resists the enforcement of any of the provisions of this Act. Provided no such penalty shall be imposed without giving such person, firm or corporation a reasonable opportunity of being heard. If after imposition of such penalty, there is a continued violation of any provisions of this Act by such person, firm or corporation, the Authority shall be empowered to impose a penalty of rupees one thousand per day for the days after the first imposition of penalty.” (B) In section 51- (a) In sub-section (1), for the word “punishable”, the words “liable to penalty” shall be substituted. (b) For sub-section (3), the following shall be substituted, namely:— “(3) If after such time any such person under sub-section (1) continues to neglect or causes a breach of any specified provision, such person shall be liable to:— (i) penalty which may extend to rupees fifty thousand; and, (ii) if the breach, neglect or failure continues after imposition of such penalty as prescribed in clause (i), to a further penalty which may extend to rupees two thousand for every day during which the breach, neglect or failure continues after imposition of the penalty in clause (i)." (C) In section 54, in sub-section (3), for the words "shall be liable upon conviction, to a fine which may extend to rupees thirty", the words "shall, after being afforded an opportunity of being heard, be liable to a penalty which may extend to rupees two thousand" shall be substituted. (D) In section 56, in clause (b), for the words "shall be punishable with fine which may extend to rupees five hundred or with or without simple imprisonment for a term which may extend to two months", the words "shall, after issuance of a public notice under section 66 and upon hearing by the Authority, be liable to a penalty which may extend to rupees fifty thousand." shall be substituted. (E) After section 56, the following sections shall be inserted, namely:- Adjudication of penalties.- 56A. (1) The authority shall by a written notice require the person against whom a complaint has been made for alleged violation of the provisions of this Act to show cause and attend before him and to give evidence or produce document or submit a written reply, as the case may be, for the purpose of adjudging the penalties provided under this Act. (2) Such person shall on such requisition be legally bound to attend and give evidence or produce documents, if in his power and possession, as the case may be, at the place and time specified in such notice, and whoever is required to produce a document may either attend and produce it or cause it to be produced. (3) The authority may on its own or otherwise summon and examine any person to give evidence or produce document, as the case may be, for the purpose of inquiry and imposition of penalty under sub-section (1). (4) The authority shall, after affording a reasonable opportunity of being heard to the concerned person, pass a reasoned order imposing such penalty. Appeal.- 56B. Any person aggrieved by the imposition of penalty under sections 31, 51(3), 54 or 56 may prefer an appeal to the Appellate Authority as provided under Chapter VIII of this Act. Provided that no appeal shall be entertained by the Appellate Authority unless he is satisfied that the penalty imposed under the foregoing sections has been deposited with the Authority or such other officer as may be prescribed. Provided further that if the penalty imposed is set aside by the Appellate Authority, the penalty so deposited shall be refunded. Recovery.—56C. Notwithstanding anything contained in this Act, if a penalty imposed under the provisions of this Act is not deposited, the amount shall be deemed to be declared a public demand and shall be recoverable as a public demand under the Bengal Public Demands Recovery Act, 1913 (Bengal Act 3 of 1913) and shall proceed to realise the amount due as such." | | 2. | 1967 | 9 | The Nagaland (Sales of Petroleum and Petroleum Products, including Motor Spirit and Lubricants) Taxation Act, 1967 | (A) In section 41, (a) In sub-section (1), in clause (a), for the words "one thousand rupees", the words "fifty thousand rupees" shall be substituted. (b) In sub-section (1), for clause (b), the following shall be substituted, namely:- "(b) in any other case, including any of the offences prescribed under section 26 except for the offences appearing under clauses (6) and (9), a sum of money not exceeding fifty thousand rupees in addition to the tax recoverable." | | 3. | 1967 | 10 | The Nagaland Finance (Sales Tax) Act, 1967 | (A) In section 31, (a) In sub-section (1), in clause (a), for the words "one thousand rupees", the words "fifty thousand rupees" shall be substituted. (b) In sub-section (1), for clause (b), the following shall be substituted, namely:- "(b) in any other case, including any of the offences prescribed under section 28 except for the offences appearing under clauses (6) and (9), a sum of money not exceeding fifty thousand rupees in addition to the tax recoverable." | | 4. | 1968 | 5 | The Nagaland Weights and Measures (Enforcement) Act, 1968 | (A) In section 40, for sub-section (1), the following shall be substituted, namely:- "(1) Any offence punishable under sections 24, 25, 26, 27, 28, 29, 30, 33, and 35 may be compounded by the Controller or any officer as may be authorized under section 39 on payment of such sum not exceeding one lakh rupees by the offender." | | 5. | 1969 | 14 | The Societies Registration (Nagaland First Amendment) Act, 1969 | (A) After section 22, the following section with marginal heading shall be inserted, namely:- Compounding of offences.—22A. (1) The Registrar of Societies may accept from any person against whom a reasonable suspicion exists that he has committed any offence punishable under section 21 or against whom a prosecution under that section has been instituted, a sum of money by way of composition fee not exceeding ten thousand rupees for the offence which such person is suspected or accused to have committed. (2) On the payment of such composition fee the suspected person, if in custody, shall be discharged and no further proceedings shall be taken against him, and if prosecution of such person had been instituted, the composition shall have the effect of acquittal." | | 6. | 1970 | 5 | The Nagaland Cinemas (Regulation) Act, 1969 | (A) For section 7, the following shall be substituted, namely:- Penalties for contravention of this Act.—7. (1) If the owner in charge of cinematograph uses the same or allows it to be used, or if the owner or occupier of any place permits that place to be used in contravention of the provisions of this Act and Rules made thereunder or of the conditions and restrictions upon or subject to which any license has been given under the Act, the Licensing Authority shall have the power to impose penalty not exceeding fifty thousand and in the case of a continuing violation, with a further penalty which may extend to five thousand rupees for each day during which the violation continues. Provided no such penalty shall be imposed without giving the person concerned a reasonable opportunity of being heard." (B) In section 8, for the words "his conviction of an offence", the words "imposition of penalty" shall be substituted. (C) In section 10, in sub-section (2), the following shall be inserted after clause (e), namely:- (f) the manner of holding inquiry and imposing penalty under section 7." | | 7. | 1985 | 5 | The Nagaland Shops and Establishments Act, 1982 | (A) In section 29, (a) In sub-section (1), for the words "two hundred and fifty rupees", the words "three thousand rupees" shall be substituted, and for the words "five hundred rupees", the words "five thousand rupees" shall be substituted. (b) In sub-section (2), for the words "may exceed to fifty rupees", the words "may extend to one thousand rupees" shall be substituted. (c) In sub-section (3), in clause (b), for the word "inspection", the word "inspector" shall be substituted. (B) After section 29, the following section with marginal heading shall be inserted, namely:- Power to compound.— 29A. (1) The employee or as the case may be the inspector may accept from any person, against whom a reasonable suspicion exists that he has committed any offence punishable under section 29 or against whom a prosecution under that section has been instituted, a sum of money by way of composition fee for the offence which such person is suspected or accused to have committed. (2) On the composition of the offence the suspected person, if in custody, shall be discharged and no further proceedings shall be taken against him, and if prosecution of such person had been instituted, the composition shall have the effect of acquittal." | | 8. | 1997 | 3 | The Nagaland Health Care Establishments Act, 1997 | (A) After section 18, the following section with marginal heading shall be inserted, namely:- 18A. Power to compound:— (1) The Authority or such other person as may be authorized under section 18 may compound any of the offences under sections 14, 15 and 16 by accepting a sum of money not exceeding ten thousand rupees. (2) The composition of an offence under this section shall have the effect of an acquittal." | | 9. | 2000 | 6 | The Nagaland Registration of Tourist Trade Act, 2000 | (A) In part VI, for the marginal heading "Offences and Penalties", the marginal heading "Penalties" shall be substituted. (B) For section 28, the following shall be substituted, namely:- 28. Penalty for default in registration— Any person carrying on the business of a dealer, hotel-keeper or travel agent without a proper registration under this Act or in violation of the provisions of this Act or Rules made thereunder shall be liable to penalty by the prescribed authority which may extend to twenty thousand rupees, and if the breach is a continuing one, with a penalty of five hundred rupees for each such day. (C) In section 29, for the words and figures "punishment with imprisonment for a term which may extend to three months or with fine not exceeding Rs. 1000 or with both", the words "penalty not exceeding five thousand rupees." shall be substituted. (D) In section 30, for the words and figures "punishment with imprisonment which may extend to six months or with fine not exceeding Rs. 2000 or with both", the words "penalty not exceeding ten thousand rupees." shall be substituted. (E) In section 31, in sub-section (2), for the words and figures "punishment with fine not exceeding Rs. 500", the words "penalty not exceeding two thousand rupees." shall be substituted. (F) In section 32, for the words and figures "punishment with imprisonment for a term which may extend to three months or with fine not exceeding Rs. 1000 or with both", the words "penalty not exceeding five thousand rupees." shall be substituted. (G) In section 33, for the words and figures "punishment with imprisonment for a term which may extend to three months or with fine not exceeding Rs. 100 or with both", the words "penalty not exceeding five hundred rupees." shall be substituted. (H) Section 34 and 35 shall be omitted [Notes: Part VI deals with 'Offences and Penalties'. However, as the offences therein have been decriminalized with the introduction of administrative adjudication for violation of the provisions of the Act, sections 34, 35 and 38 are omitted for being rendered redundant.] (I) For section 36, the following shall be substituted, namely:- 36. Institution of proceedings. No proceeding shall be instituted against any person for the imposition of penalty except on a complaint made to the prescribed authority." (J) For section 37, the following shall be substituted, namely:- 37. Adjudication of penalties. (1) The prescribed authority shall by a written notice require the person against whom a complaint has been made for alleged violation of the provisions of this Act to show cause and attend before him and to give evidence or produce document or submit a written reply, as the case may be, for the purpose of adjudging the penalties in any of the foregoing sections under this Part. (2) Such person shall on such requisition be legally bound to attend and give evidence or produce documents, if in his power and possession, as the case may be, at the place and time specified in such notice, and whoever is required to produce a document may either attend and produce it or cause it to be produced. (3) The prescribed authority may on its own or otherwise summon and examine any person to give evidence or produce document, as the case may be, for the purpose of inquiry and imposition of penalty under sub-section (1). (4) The prescribed authority shall, after affording a reasonable opportunity of being heard to the concerned person, pass a reasoned order imposing such penalty. (K) After section 37, the following shall be inserted, namely:- 37A. Recovery. 37A. Recovery.- Notwithstanding anything contained in this Act, if penalty imposed under the provisions of this Act is not deposited within thirty days of the order, the amount shall be deemed to be declared a public demand and shall be recoverable as a public demand under the Bengal Public Demands Recovery Act, 1913 (Bengal Act 3 of 1913) and shall proceed to realise the amount due as such. (L) Section 38 shall be omitted. (M) In section 47, (a) In the marginal heading, for the word "offences", the word "violations" shall be substituted. (b) In sub-section (2), for the words "punished with a fine", the words "liable to penalty" shall be substituted. (c) In sub-section (3), for the word "offence", the words "any violation" shall be substituted." | | 10 | 2016 | 3 | The Nagaland Prohibition of Gambling and Promotion and Regulation of Online Games of Skill Act, 2015 | (A) After section 12, the following shall be inserted, namely :- 12A. Power to compound 12A. Power to compound:- (1) The Licensing Authority may, at any stage of the prosecution, compound any of the offences under section 12 by accepting such sum of money specified as fines under section 12 (1) or 12(2), as the case may be. (3) The composition of an offence under this section shall have the effect of an acquittal." | | 11 | 2020 | 4 | The Nagaland Agricultural Produce and Livestock Marketing (Promotion and Facilitation) Act, 2017 | (A) In section 119, in sub-section (2), in clause (vi), after the word "thereunder" the words "and for compounding offences." shall be inserted. (B) After section 122, the following shall be inserted, namely:- 122A. Compounding of offences 122A. Compounding of offences. (1) The Managing Director may, at any stage of the prosecution, accept from any person who has contravened or is reasonably suspected of having contravened any provision of this Act, Rules or Bye-laws or order issued thereunder a sum of money not exceeding ten thousand rupees by way of compounding such offence. (2) The composition of an offence under this section shall have the effect of an acquittal." | | 12 | 2023 | 9 | The Nagaland Municipal Act, 2023 | (A) In section 134, in sub-section (1), after the word "Act", the words "by accepting such sum of money as may be specified in this behalf by the State Government" shall be inserted.