Odisha Jan Vishwas Act, 2025
Odisha Jan Vishwas Act, 2025
1. Short title and commencement
- (1) This Act may be called the Odisha Jan Vishwas Act, 2025.
- (2) It shall be deemed to have come into force on the 3rd day of November, 2025
2. Amendment of certain enactments
The enactments mentioned in column
- (4) of the Schedule are hereby amended to the extent and in the manner mentioned in column
- (5) thereof.
3. Revision of fines and penalties
The fines and penalties provided under various provisions in the enactments mentioned in the Schedule shall be increased by ten per cent of the minimum amount of fine or penalty, as the case may be, prescribed therefore, after the expiry of every three years from the date of commencement of this Act.
4. Repeal and Savings
- (1) The Odisha Jan Vishwas Ordinance, 2025 is hereby repealed.
- (2) Notwithstanding such repeal under sub-section (1), anything done or any action taken under the said Ordinance so repealed shall be deemed to have been done or taken under this Act.
5. The Schedule
-1
PDF: pending for this language.
Schedule
(see clause 2)
Sl. No. Year Odisha Act No. Short Title Amendments
(1) (2) (3)
- (4) (5)
1. 1938 7 The Odisha Nurses & Midwives Registration Act, 1938
- (A) In section 14, –
- (i) in sub-section (1), in its application to the partially excluded areas of the State, for the words, “shall be punishable with fine not exceeding fifty rupees for a first offence and not exceeding two hundred and fifty rupees for a second or subsequent offence”, the words, “shall be liable to a penalty which may extend to five thousand rupees for a first contravention and twenty-five thousand rupees for a second or subsequent contravention” shall be substituted; and
- (ii) in sub-section (2), in its application to the partially excluded areas of the State, for the words, “shall be punishable with fine not exceeding fifty rupees for a first offence and not exceeding two hundred and fifty rupees for a second or subsequent offence”, the words, “shall be liable to a penalty which may extend to five thousand rupees for a first contravention and twenty-five thousand rupees for a second or subsequent contravention” shall be substituted.
- (B) In Section 17, in sub-section (2), after clause (d), the following clause shall be inserted, namely: — “(e) to appoint an Authorised officer for the purpose of adjudicating any matter arising out of contravention of the provisions of this Act or the rules made thereunder, and for the imposition and recovery of penalties in such manner as may be prescribed.”
- (C) In Section 21, for the words, “shall, on conviction by a Magistrate of the first class, be punishable with fine not exceeding three hundred rupees”, the words, “shall be liable to a penalty which may extend to thirty thousand rupees” shall be substituted.
- (D) In Section 22, for the words, “shall, on conviction by a Magistrate of the first class, be punishable with fine not exceeding one hundred rupees for a first offence and not exceeding three hundred rupees for a second or subsequent offence”, the words, “shall be liable to a penalty which may extend to ten thousand rupees for a first contravention and thirty thousand rupees for a second or subsequent contravention” shall be substituted.
- (E) Section 23 shall be omitted.
2. 1950 23 The Odisha Municipal Act, 1950
- (A) In Section 114, in clause (b), for the words, “fines”, the words “fines or penalties” shall be substituted.
- (B) In Section 120, in sub-section (1), for the words, “fines or otherwise”, the words and comma, “fines, penalties or otherwise” shall be substituted.
- (C) In Section 208, in sub-section (2), for the words, “shall be liable to a fine not exceeding fifty rupees.”, the words, “shall be liable to a penalty not exceeding five hundred rupees.” shall be substituted.
- (D) In Section 325, -
- (i) in sub-section (1), for the words, “shall be liable to a fine not exceeding fifty rupees.”, the words, “shall be liable to a penalty not exceeding five hundred rupees.” shall be substituted.; and
- (ii) in sub-section (2), for the words, “shall be liable also to a fine not exceeding ten rupees.”, the words, “shall be liable to a penalty not exceeding one hundred rupees.” shall be substituted.
- (E) In Section 336, for the words, “shall be liable on conviction before a Magistrate to a fine which may extend to five hundred rupees.”, the words, “shall be liable to a penalty which may extend to five thousand rupees.” shall be substituted.
- (F) In Section 337, in sub-section (6), for the words, “shall, in addition to any fine which may be imposed,”, the words, “shall, in addition to any penalty which may be imposed,” shall be substituted.
- (G) In Section 343, in clause (b), for the words, “shall be liable on conviction by a Magistrate to a fine not exceeding fifty rupees for every such offence,” the words, “shall be liable to a penalty not exceeding five hundred rupees for every such offence,” shall be substituted.
- (H) In Section 344, in sub-section (3), for the words, “shall be liable on conviction by a Magistrate to a fine not exceeding fifty rupees for every such offence.”, the words, “shall be liable to a penalty not exceeding five hundred rupees for every such offence.” shall be substituted.
- (I) In Section 348, -
- (i) in the marginal heading, for the words, “Recovery of fines, cost. -”, the words, “Recovery of fines, penalties, cost. -” shall be substituted; and
- (ii) for the words, “Any fine”, the words, “Any fine, penalty”, shall be substituted.
- (J) In Section 374B, in sub-section (2),-
- (i) for sub-clause (m), the following sub-clause shall be substituted, namely: — “(m) particulars of taxes, fees, fines, penalties, rents and such other sums received by it under this Act or otherwise and credited to the Municipal Fund in the previous year”; and
- (ii) for sub-clause (n), the following sub-clause shall be substituted, namely: — “(n) the taxes, fees, fines, penalties, rents, and any other sums that remain uncollected and the reasons thereof;”.
- (K) In Section 381, for the words, “shall be punishable on conviction with a fine which may extend to five hundred rupees:”, the words, “shall be punishable with a penalty which may extend to five thousand rupees:” shall be substituted.
- (L) In Section 383, -
- (i) in sub-section (1), for the words, “shall be punishable with fine which may extend to the amount mentioned”, the words, “shall be liable to penalty which may extend to the amount mentioned” shall be substituted; and
- (ii) in sub-section (2), for the words, “with fine which may extend to the amount mentioned”, the words, “with penalty which may extend to the amount mentioned” shall be substituted.
- (M) In Section 384; -
- (i) in sub-section (1), for the words, “shall be punishable with fine which may extend to fifty rupees for every such offence.”, the words, “shall be liable to penalty which may extend to five hundred rupees for every such offence.” shall be substituted;
- (ii) in sub-section (2), for the words, “shall be punishable with fine which may extend to one hundred rupees for every such offence.”, the words, “shall be liable to penalty which may extend to one thousand rupees for every such offence.” shall be substituted; and
- (iii) in sub-section (3), for the words, “shall be punishable with fine which may extend to five hundred rupees for every such offence.”, the words, “shall be liable to penalty which may extend to five thousand rupees for every such offence.” shall be substituted.
- (N) In Section 385-A, for the words, “shall be liable on conviction to a fine which may extend in the case of a building to five hundred rupees and in the case of a well or hut to fifty rupees and to a further fine which may extend in the case of a building to one hundred rupees and in the case of a well or hut to ten rupees, for each day during which the offence is proved to have continued after the first day.”, the words, “shall be liable to a penalty which may extend in the case of a building to five thousand rupees and in the case of a well or hut to five hundred rupees and to a further penalty which may extend in the case of a building to one thousand rupees and in the case of a well or hut to one hundred rupees, for each day during which the offence is proved to have continued after the first day.” shall be substituted.
- (O) In Section 386, for the words, “such person shall be punishable with a fine which may extend to one hundred rupees.”, the words, “such person shall be liable to a penalty which may extend to one thousand rupees.” shall be substituted.
- (P) In Section 387, in sub-section (4), for the words, “shall be punishable with fine which may extend to one hundred rupees.”, the words, “shall be liable to penalty which may extend to one thousand rupees.” shall be substituted.
- (Q) In Section 389, -
- (i) for clause (a), the following clause shall be substituted, namely: — “(a) with penalty which may extend to five hundred rupees and, in case of a continuing breach, with a penalty which may extend to fifty rupees for every day during which the breach continues after conviction for the first breach; or”
- (ii) for clause (b), the following clause shall be substituted, namely: — “(b) with penalty which may extend to one hundred rupees for every day during which the breach continues”
- (R) In Section 415, for the words, “shall be punishable with fine which may extend to one hundred rupees”, the words, “shall be liable to a penalty which may extend to one thousand rupees” shall be substituted.
3. 1955 17 The Odisha Prevention of Gambling Act, 1955
- (A) In Section 3, for the words, “shall on conviction be punishable with imprisonment which may extend to one month or with fine which may extend to one hundred rupees or with both”, the words, “shall be liable to a penalty which may extend to five thousand rupees” shall be substituted.
- (B) In Section 4, for the words, “shall, on conviction be liable to imprisonment which may extend to one month or to a fine which may extend to one hundred rupees or to both”, the words, “shall be liable to a penalty which may extend to twenty-five thousand rupees” shall be substituted.
- (C) In Section 5, for the words, “shall, on conviction; be liable to imprisonment which may extend to six months or to a fine which may extend to one thousand rupees or to both”, the words, “shall be liable to a penalty which may extend to seventy-five thousand rupees” shall be substituted.
- (D) In Section 6, for the words, “shall be punishable with imprisonment which may extend to six months or with fine which may extend to one thousand rupees or with both”, the words, “shall be liable to a penalty which may extend to seventy-five thousand rupees” shall be substituted.
- (E) In Section 7, for the words, “shall on conviction, be liable to imprisonment for a period not exceeding one month or with fine not exceeding one hundred rupees”, the words, “shall be liable to a penalty which may extend to twenty-five thousand rupees” shall be substituted.
- (F) In Section 10, for the words, “may be imprisoned for any period not exceeding one month”, the words, “shall be liable to a penalty which may extend to twenty-five thousand rupees” shall be substituted.
- (G) For Section 13, the following section shall be substituted, namely: — “13. Gaming and setting birds and animals to fight in public streets.—
- (1) Any officer appointed by the State Government in this behalf may, without warrant, apprehend any person found gaming and gambling with cards, dice, counters or other instruments of gaming used in playing any game in any public market, fair, street, place or thoroughfare, or any person setting any birds or animals to fight in any such public market, fair, street, a place or thoroughfare, or any person there present aiding or abetting such public fighting of birds and animals.”
- (2) Such person, when apprehended shall be brought without delay before Sub-Divisional Magistrate, and shall be liable, on conviction, to a penalty as provided in section 5 or section 7 as the case may be; and such officer appointed by the State Government under sub-section
- (1) may seize all birds and animals and instruments of gaming found in such public place or on the person of those whom he shall so apprehend, and the Sub-Divisional Magistrate may, on conviction of the offender, order such instruments to be forthwith destroyed and such birds and animals to be sold.”
4. 1957 3 The Odisha Agricultural Produce Markets Act, 1956
- (A) In Section 12, for sub-section (8), the following sub-section shall be substituted, namely: – “(8) The officer or servant of the Market Committee empowered under sub-section
- (7) shall have power to seize any notified agricultural produce taken or proposed to be taken out of the market area in any vehicle, vessel or other conveyance, if such officer or servant has reason to believe that any fee or other amount due under this Act in respect of such produce has not been paid. Every such seizure shall forthwith be reported to the Collector of the district or to such other officer as may be appointed by the State Government in this behalf, and the seized produce shall be dealt with in such manner as may be prescribed.”
- (B) In section 21, —
- (i) In clause
- (a) of sub-section (1), for the words, “shall, on conviction be punishable with imprisonment which may extend to six months or with fine which may extend to one thousand rupees or with both and in the case of continuing contravention with a further fine which may in the case of contravention of Sub-section
- (B) In section 21, —
- (3) of the said section extend to one hundred rupees and in any other case to fifty rupees per day during which the contravention is continued after the first conviction”, the words, “shall be liable to a penalty which may extend to seventy-five thousand rupees for such contravention, and in the case of continuing contravention, with a further penalty which may, in the case of contravention of Sub-section
- (3) of the said section, extend to one thousand rupees,and in any other case to five hundred rupees per day during which the contravention is continued.” shall be substituted;
- (ii) in clause
- (b) of sub-section (1), for the words, “shall, on conviction, be punishable with imprisonment which may extend to six months or with fine which may extend to five hundred rupees or with both”, the words, “shall, in so far as it relates to evasion or attempt to evade payment of market fees or cess, shall be liable to a penalty which may extend to seventy-five thousand rupees.” shall be substituted; and
- (iii) in clause
- (c) of sub-section (1), for the words, “shall, on conviction, be punishable with imprisonment which may extend to three months or with fine which may extend to five hundred rupees or with both”, the words, “shall be punishable with fine which may extend to twenty-five thousand rupees.” shall be substituted.
- (iv) for sub-section (2), for the words, “on conviction, be punishable with a fine”, the words, “on contravention, be liable with a penalty” shall be substituted.
- (C) For section 22, including its marginal heading, the following section shall be substituted, namely: — “22. Adjudication of contraventions. —
- (1) Any contravention under this Act or any rule or bye-law made thereunder shall be adjudicated by the Collector of the district or by any other officer not below such rank as may be appointed by the State Government in this behalf, in a manner as may be prescribed.
- (2) Proceedings under this Act or any rule or bye-law made thereunder may be instituted before the authority referred to in sub-section
- (1) by any person duly authorised in writing by the Market Committee in this behalf.”
5. 1957 10 The Odisha Town Planning & Improvement Trust Act, 1956
- (A) In Section 27, in sub-section (1), for the words, “order of censure or fine”, the words, “order of censure or penalty” shall be substituted;
- (B) For Section 132, including its marginal heading, the following section shall be substituted, namely— “132. Adjudication of Contraventions and Imposition of Penalty.
- (1) Notwithstanding anything contained in this Act, any contravention of its provisions or the rules made thereunder shall be adjudicated by an officer not below the rank of Sub-Divisional Magistrate, as may be authorised by the State Government by notification.
- (2) The authorised officer shall, after providing an opportunity of being heard to the person concerned and recording reasons in writing, impose a monetary penalty as may be prescribed under this Act or the rules made thereunder.
- (3) Any person aggrieved by an order under sub-section
- (2) may file an appeal before the District Magistrate or an officer not below the rank of Additional District Magistrate, as may be authorised by the State Government, within thirty days from the date of receipt of such order.
- (4) The procedure for adjudication, recovery of penalty, and related matters shall be such as may be prescribed.”
- (C) Section 138 shall be omitted.
- (D) In Section 149, for the words, “shall be punishable with fine which may extend to fifty rupees.”, the words, “shall be liable to penalty which may extend to five hundred rupees.” shall be substituted.
- (E) In Section 150, —
- (i) in clause
- (a) of sub-section(1), for the words, “with fine which may extend, in the case of a wall or masonry building, to five hundred rupees and in the case of a hut to fifty rupees; and”, the words, “with penalty which may extend, in the case of a wall or masonry building, to five thousand rupees and in the case of a hut to five hundred rupees; and” shall be substituted; and
- (ii) in clause
- (b) of sub-section (1), for the words, “with further fine which may extend, in the case of a wall or masonry building, to one hundred rupees and in case of a hut to ten rupees, for each day during which the projection continues after a sentence of fine has been passed under Clause
- (a) of this sub-section.”, the words, “with further penalty which may extend, in the case of a wall or masonry building, to one thousand rupees and in case of a hut to one hundred rupees, for each day during which the projection continues after a sentence of penalty has been passed under Clause
- (a) of this sub-section.” shall be substituted.
- (F) In Section 151, for the words, “he shall be punishable with fine which may extend to two hundred rupees.”, the words, “he shall be liable to a penalty which may extend to two thousand rupees.” shall be substituted.
- (G) In Section 152, —
- (i) in clause (a), for the words, “with fine which may extend to one hundred rupees; and”, the words, “with penalty which may extend to one thousand rupees; and” shall be substituted; and
- (ii) in clause (b), for the words, “with fine which may extend to fifty rupees for each day after the first during which the contravention continues.”, the words, “with penalty which may extend to five hundred rupees for each day after the first during which the contravention continues.” shall be substituted.
6. 1956 30 The Odisha Shops And Commercial Establishments Act, 1956
- (A) In the heading under Chapter VIII, for the words and expressions, “Offences, Penalties, and Procedures” the words and expressions, “Contraventions and Penalties, and Procedures” shall be substituted.
- (B) In Section 31, after clause (c), the following clause shall be inserted, namely: — “(d)impose penalties for contraventions of the provisions of this Act or the rules made thereunder in accordance with the procedure as may be prescribed.”
- (C) For Section 32, the following section shall be substituted, namely: — "32. The Chief Inspector and every Inspector appointed under section 30 shall be deemed to be public servants within the meaning of clause
- (28) of Section 2 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)
- (D) For Section 35, the following section shall be substituted, namely: — "35. Whoever contravenes any of the provisions of the Act shall be liable to a penalty, which for the first contravention shall not be less than five thousand rupees and may extend to ten thousand rupees, and for the second or subsequent contravention, shall not be less than ten thousand rupees and may extend to twenty thousand rupees.
- (E) After Section 35, the following section shall be inserted, namely: — "35A. Adjudication of Penalty and Appeal. —
- (1) Notwithstanding anything contained in any other law for the time being in force, no Court shall take cognizance of any contravention or default under this Act.
- (2) Any contravention of the provisions of this Act or the rules made thereunder shall be adjudicated by an officer not below the rank of the Divisional Labour Commissioner, or any other officer so authorised by the State Government, in such manner as may be prescribed.
- (3) Before adjudicating any contravention, the adjudicating officer shall provide the person concerned an opportunity of being heard.
- (4) Any person aggrieved by an order passed under sub-section
- (2) may prefer an appeal to an Appellate Authority, i.e., Labour Commissioner, Odisha, or as may be notified by the State Government, within thirty days from the date of receipt of the order.
- (5) The manner of filing, hearing, and disposal of the appeal shall be such as may be prescribed
- (F) Section 36 shall be omitted.
- (G) In Section 42, in sub-section (3), for the words, “shall be punishable with fine which may extend to two thousand rupees,” the words, “shall be liable to a penalty which may extend to five thousand rupees.” shall be substituted.
7. 1961 14 The Odisha Electricity
- (Duty) Act, 1961
- (A) In Section 11, —
- (i) for sub-section (1), the following sub-section shall be substituted, namely: “(1) If any person—
- (a) required by Section 6 to keep a record or to submit returns fails to keep or submit the same in the prescribed manner or form; or
- (b) intentionally obstructs an inspecting officer appointed under section 7 in the exercise of his powers and duties under this Act and the rules made thereunder;or
- (c) contravenes any rules made under this Act, he shall be liable to a penalty—
- (i) which may extend to one lakh rupees in the case of contravention under clause (a); and
- (ii) which may extend to three lakh rupees in the case of contravention under clause
- (b) and (c).”
- (ii) for sub-section (2), the following sub-section shall be substituted, namely: - “(2) Save as provided under sub-section (1), if any person, engaged in generating energy for his own use or consumption or to supply power to any person free of charges or to supply power to any person through open access, evades or attempts to evade the payment of electricity duty whether by maintaining false records or by submitting false returns or by concealing the energy consumed by it or by any other means, such person shall, in addition to electricity duty payable under this Act, be liable to pay by way of penalty not exceeding one thousand rupees for each day of delay, from the date of detection, but the same shall not exceed a sum of three lakh rupees: Provided that no action under this sub-section shall be taken without affording such person a reasonable opportunity of being heard. Provided further that the State Government may, by notification, authorise any officer to impose such a penalty in accordance with the provisions of this Act.”
8. 1961 28 Odisha Kendu Leaves (Control of Trade) Act, 1961
- (A) For Section 14, including its marginal heading, the following section shall be substituted, namely: — “14. Penalty for contravention.
- (1) If any person contravenes any of the provisions of this Act or the rules made thereunder—
- (a) he shall be liable to a penalty which may extend to one lakh rupees; and
- (b) the Kendu leaves in respect of which such contravention has been made or such part thereof as may be determined appropriate shall be forfeited to the Government: Provided that if the officer authorised under sub-section
- (2) is of the opinion that it is not necessary to direct forfeiture in respect of the whole or any part of such leaves, he may, for reasons to be recorded in writing, refrain from doing so.
- (2) The State Government may, by notification, authorise a Divisional Forest Officer or any other officer not below the rank of Divisional Forest Officer to impose penalties and determine forfeiture under this section, in such manner as may be prescribed.
9. 1963 2 The Odisha Co-operative Societies Act, 1962
- (A) In Section 28,-
- (i) Clause
- (g) of sub-section
- (2) shall be omitted.
- (ii) Sub-section (2-a) shall be omitted.
- (iii) Sub-section (2-b) shall be omitted.
- (iv) In clause
- (c) of sub-section (3), the words, “or is a deaf-mute or is suffering from leprosy” shall be omitted.
- (B) In Section 115—
- (v) in sub-section (9), for the words, “or with simple imprisonment which may extend to two months.”, the words, “or shall be liable to a disciplinary action as may be prescribed.” shall be substituted.
10. 1969 22 The Odisha Industrial Establishments (National and Festival) Holidays Act, 1969
- (A) In Section 6, for sub-section (2), the following sub-section shall be substituted namely: — "(2) Every Inspector shall be deemed to be a public servant within the meaning of clause
- (28) of Section 2 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023).".
- (B) In Section 7, after clause (c), the following clause shall be inserted, namely: — “(d) impose penalties for contraventions of the provisions of this Act or the rules made thereunder in accordance with the procedure as may be prescribed.”
- (C) For section 8, the following section shall be substituted, namely: — "8. Any employer who contravenes any of the provisions of Section 3 or Section 5 shall be liable to a penalty, which for the first contravention shall not be less than five thousand rupees and may extend to ten thousand rupees, and for the second or subsequent contravention, shall not be less than ten thousand rupees and may extend to twenty thousand rupees.”
- (D) For Section 9, the following section shall be substituted, namely: — "9. Whoever wilfully obstructs an Inspector in the exercise of any power conferred on him by or under this Act or fails to produce on demand in writing by an Inspector any register, record or notice in his custody which may be required to be kept in pursuance of this Act or of any rule made there under, shall be liable to a penalty, which for the first contravention shall not be less than five thousand rupees and may extend to ten thousand rupees, and for the second or subsequent contravention, shall not be less than ten thousand rupees and may extend to twenty thousand rupees."
- (E) After Section 9, the following section shall be inserted, namely: — "9A. Adjudication of Penalty and Appeal. —
- (1) Notwithstanding anything contained in any other law for the time being in force, no Court shall take cognizance of any contravention or default under this Act.
- (2) Any contravention of the provisions of this Act or the rules made thereunder shall be adjudicated by an officer not below the rank of the Divisional Labour Commissioner, or any other officer so authorised by the State Government, in such manner as may be prescribed.
- (3) Before adjudicating any contravention, the adjudicating officer shall provide the person concerned an opportunity of being heard.
- (4) Any person aggrieved by an order passed under sub-section
- (2) may prefer an appeal to an Appellate Authority, i.e., Labour Commissioner, Odisha, or as may be notified by the State Government, within thirty days from the date of receipt of the order
- (5) The manner of filing, hearing, and disposal of the appeal shall be such as may be prescribed.".
- (F) In Section 12, in sub-section (2), for the words "punishable with fine which may extend to fifty rupees", the words "liable to a penalty, which may extend to five thousand rupees" shall be substituted.
11. 14 1982 The Odisha Development Authorities Act, 1982
- (A) For Section 90, the following section shall be substituted, namely— “90. Penalties.—
- (1) Any person who, whether at his own instance or at the instance of any other person or any body (including a department of Government), undertakes or carries out development of any land in contravention of the development plan or without the permission, approval or sanction referred to in Section 15, or in contravention of any condition subject to which such permission, approval or sanction has been granted, shall be liable to penalty which—
- (a) in the case of individual residential freehold land, may extend to one lakh rupees; and
- (b) in the case of any other land, may extend to ten lakh rupees. Provided that, where such contravention relates to government land, the person shall also be punishable with simple imprisonment which may extend to six months, in addition to the penalty above. Explanation. —For the purposes of this section, ‘government land’ shall have the same meaning as assigned to it under the Odisha Government Land Settlement Act, 1962: Provided further that, where such contravention continues after the order of imposition of penalty, an additional penalty which may extend to one thousand rupees per day during the period of such continuation shall be imposed.
- (2) Any person who uses or permits the use of any land or building in contravention of the provisions of section 19 or any terms and conditions prescribed by regulations made under the proviso to that section, shall be liable to a penalty which may extend to one lakh rupees; and where the offence continues after imposition of such penalty, an additional penalty which may extend to one thousand rupees for each day shall be imposed. Provided that, where any monetary gain is accrued owing to such contravention, an additional penalty which may extend to an amount equal to ten times the value of such monetary gain shall also be imposed. The State Government shall prescribe the manner of assessing such monetary.
- (3) Any person who obstructs the entry of any person empowered or duly authorised under section 89 to enter into or upon any land or building, or who prevents in any manner such person from discharging his lawful duties, shall be liable to a penalty which may extend to twenty-five thousand rupees. In case of repeated contravention of sub-section (3), such administrative measures as may be prescribed by the State Government shall be imposed in addition to the penalty specified herein.
- (4) Whoever contravenes any provision of this Act or any rule or regulation made thereunder, or any direction issued in pursuance of any development plan approved under this Act, and if such contravention is not separately penalised under the foregoing sub-sections, shall be liable to a penalty which may extend to one lakh rupees, and in the case of a continuing contravention, an additional penalty which shall not be less than five hundred rupees and may extend to one thousand rupees for each day during which the contravention continues.”
- (B) For Section 112, the following section shall be substituted, namely: — “112. Penalties when realised to be paid to the Authority. All Penalties realised in connection with prosecutions under this Act shall be paid to the Authority at such time and in such manner as may be prescribed by rules.”
- (C) In Section 123—
- (i) in sub-clause (xxxvi) of sub-section (2), for the words, “manner in which the fines” the words, “manner in which the penalties” shall be substituted.
- (ii) for sub-section (4), the following sub-section shall be substituted, namely:— “(4) In making any rule, the State Government may provide that a breach thereof shall be punishable with a penalty which may extend to five thousand rupees and, in the event of the continuance of the contravention, a penalty which may extend to rupees five hundred per day”.
12. 1993 30 The Odisha Fire and Emergency Services Act, 1993
- (A) Section 15—shall be omitted
- (B) Section 16 shall be omitted
- (C) In Section 17, for the words, “imprisonment of either description for a term which may extend to three months or with fine which may extend to three lakh rupees, or with both” the words, “shall be liable to a penalty which may extend to five lakh rupees” shall be substituted.
- (D) In Section 18, for the words, “shall, on conviction, be punishable with imprisonment of either description for a term which may extend to three months or with fine which may extend to fifty thousand rupees, or with both.” the words, “shall be liable to a penalty which may extend to one lakh rupees” shall be substituted.
- (E) In Section 19, for the words, “otherwise imprisonment of either description, for a term which may extend to three months or with fine which may extend to five thousand rupees, or with both.” the words, “shall be liable to a penalty of five thousand rupees” shall be substituted
13. 2003 11 Odisha Municipal Corporation Act, 2003
- (A) In Section 92, in sub-section (2), for the words, “shall be punished with fine which may extend to two hundred and fifty rupees” the words, “shall be liable to a penalty which may extend to five thousand rupees” shall be substituted.
- (B) In Section 93, in sub-section (1), for the words, “shall be punished with a fine which may extend to two hundred and fifty rupees.” the words, “shall be punished with a penalty which may extend to five thousand rupees” shall be substituted.
- (C) In Section 94, in sub-section (4), for the words, “shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to rupees two thousand or with both.” the words, “shall be liable to a penalty which may extend to seventy-five thousand rupees, and where the contravention continues, an additional penalty of five hundred rupees per day for the first ninety days and one thousand rupees per day thereafter shall be imposed; and if such contravention continues beyond six months, the State may impose additional administrative sanctions as may be prescribed.” shall be substituted.
- (D) In Section 96, in sub-section (2), for the words, “shall be punished with fine which may extend to two hundred and fifty rupees” the words, “shall be punished with a penalty which may extend to five thousand rupees” shall be substituted.
- (E) In Section 99, for the words, “shall be punished with fine which may extend to two hundred and fifty rupees” the words, “shall be punished with a penalty which may extend to five thousand rupees” shall be substituted.
- (F) In Section 100, in sub-section (1), for the words, “he shall be punished with fine which may extend to five hundred rupees” the words, “he shall be liable to a penalty which may extend to five thousand rupees” shall be substituted.
- (G) In Section 112, for the words, “he shall be punished with imprisonment of either description for a term which may extend to six months or with fine or with both.” the words, “he shall be liable to a penalty which may extend to seventy-five thousand rupees” shall be substituted.
- (H) In Section 194, including its marginal heading, for the words, “power to levy fees and fines” the words, “power to levy fees and penalties” shall be substituted.
- (I) In Section 344, for the words, “shall be punished on the spot with a fine, being not less than one hundred rupees, and the amount of such fine” the words, “shall be liable on the spot of a penalty, being not less than one thousand rupees, and the amount of such penalty” shall be substituted.
- (J) In Section 481, in sub-section (1), for the words, “shall be punishable with rigorous imprisonment for a term which may extend to three years and also with fine which may extend to fifty thousand rupees and, in default, with further rigorous imprisonment for six months.”, the words, “shall be liable to a penalty which may extend to five lakh rupees and, in default, with imprisonment which may extend to three months.” shall be substituted.
- (K) In Section 580, for the words, “be punished with fine which may extend to rupees five hundred.” the words, “be punished with a penalty which may extend to five thousand rupees.” shall be substituted.
- (L) In Section 582, in sub-section (5), for the words, “shall be punished with imprisonment of either description for a term, which may extend to one month, or with fine, which may extend to rupees one hundred or with both.”, the words, “shall be liable to a penalty which may extend to seventy-five thousand rupees.” shall be substituted.
- (M) In Section 616, for the words, “shall be liable on conviction to fine which may extend to rupees one thousand.”, the words, “shall be liable to a penalty which may extend to rupees ten thousand.” shall be substituted.
- (N) In Section 617, in sub-section (6), for the words, “any fine which may be imposed,”, the words, “any penalty which may be imposed,” shall be substituted.
- (O) In Section 623, in clause (b), for the words, “fine not exceeding one hundred rupees for every such offence,”, the words, “penalty not exceeding one thousand rupees for every such offence” shall be substituted.
- (P) In Section 624, in sub-section (3), for the words, “fine not exceeding one hundred rupees for every such offence,”, the words, “penalty not exceeding one thousand rupees for every such offence” shall be substituted.
- (Q) In Section 636, in sub-section (1), for the words, “shall be punished, on conviction, with a fine which may extend to one thousand rupees”, the words, “shall be liable to a penalty which may extend to ten thousand rupees” shall be substituted.
- (R) In Section 638, —
- (i) in sub-section (1), for the words, “shall be punishable with fine,”, the words, “shall be liable to penalty,” shall be substituted.; and
- (ii) in sub-section (2), for the words, “with a fine which may extend to the amount mentioned in that behalf in column
- (4) of the said schedule.”, the words, “with a penalty which may extend to the amount mentioned in that behalf in column
- (4) of the said schedule.” shall be substituted. In Section 639—
- (i) in sub-section (1), for the words, “shall be punishable with fine which may extend to five hundred rupees.”, the words, “shall be liable to a penalty which may extend to five thousand rupees.” shall be substituted.;
- (ii) in sub-section (2), for the words, “shall be punishable with fine which may extend to one thousand rupees for every such offence.”, the words, “shall be liable to a penalty which may extend to ten thousand rupees.” shall be substituted.; and
- (iii) in Section (3), for the words, “shall be punishable with fine which may extend to five thousand rupees”, the words, “shall be liable to a penalty which may extend to twenty-five thousand rupees.” shall be substituted.
- (T) In Section 641, for the words, “shall be liable once conviction to a fine which may extend, in the case of a building, to one thousand rupees and in the case of a well or hut, to two hundred rupees and to a further fine which may extend, in the case of a building, to five hundred rupees and in the case of a well or hut, to one hundred rupees for each day during which the offence is proved to have continued after the first day.”, the words, “shall be liable to a penalty which may extend, in the case of a building, to ten thousand rupees and in the case of a well or hut, to one thousand rupees and to a further penalty which may extend, in the case of a building, to five thousand rupees and in the case of a well or hut, to five hundred rupees for each day during which the offence is proved to have continued after the first day.” shall be substituted.
- (U) In Section 642, for the words, “shall be punishable with fine, which may extend to one hundred rupees”, the words, “shall be liable to a penalty, which may extend to one thousand rupees” shall be substituted.
- (V) In Section 643, -
- (i) for sub-section (1), the following sub-section shall be substituted, namely: — “(1)Whoever contravenes the provisions of clause (a), clause (b), or clause
- (c) of sub-section
- (1) of Section 353 shall be liable to a penalty which may extend to twenty-five thousand rupees; and whoever contravenes the provisions of clause
- (d) of sub-section
- (1) shall be punishable with imprisonment of either description for a term which may extend to one month or with penalty which may extend to one hundred rupees or with both.”; and
- (ii) , in sub-section (3), for the words, “shall be punished, with imprisonment of either description for a term, which may extend to one month or with fine which may extend to rupees one hundred or with both.”, the words, “shall be liable to a penalty which may extend to twenty-five thousand rupees.” shall be substituted.
- (W) In Section 644, for the words, “shall be punished with fine which may extend, on a first conviction to rupees five hundred and, on a second or subsequent conviction, to a sum equal to double the amount to which it might have extended on the last proceeding conviction.”, the words, “shall be liable to a penalty which may extend, on a first contravention to five thousand rupees and, on a second or subsequent contravention, to a sum equal to double the amount to which it had extended on the last proceeding contravention.” shall be substituted.
- (X) In Section 646, for the words, “he shall be punished with fine which”, the words, “he shall be liable to a penalty which” shall be substituted.
- (Y) In Section 647, for the words, “be liable to a fine which may extend, in the case of a masonry building, to two hundred and fifty rupees and, in the case of a hut, to twenty-five rupees, and in the case of continuance of such use, to a further fine which may extend, in the case of a masonry building, to fifty rupees and, in the case of a hut, to five rupees for each day during which such use continues after the first day.”, the words, “be liable to a penalty which may extend, in the case of a masonry building, to one thousand rupees and, in the case of a hut, to one hundred rupees, and in the case of continuance of such use, to a further penalty which may extend, in the case of a masonry building, to five hundred rupees and, in the case of a hut, to fifty rupees for each day during which such use continues after the first day.” shall be substituted.
- (Z) In Section 648, for the words, “shall, on conviction, be punished with imprisonment for a term which may extend to two months or with fine which may extend to two hundred rupees.”, the words, “shall be liable to a penalty which may extend to fifty thousand rupees.”, shall be substituted.
- (ZA) In Section 649, for the words, “be punished with fine which may extend to one thousand rupees”, the words, “be liable with a penalty which may extend to ten thousand rupees.” shall be substituted.
- (ZB) In Section 650, for the words, “be punishable with fine which may extend to one thousand rupees”, the words, “be liable to a penalty which may extend to ten thousand rupees” shall be substituted.
- (ZC) Section 651 shall be omitted.
- (ZD) In Section 652, for the words, “shall be punishable with fine which may extend to one thousand rupees, and in the case of a continuing failure or contravention, with an additional fine which may extend to one hundred rupees for every day after the first during which he has persisted in such failure or contravention.”, the words, “shall be liable to a penalty which may extend to ten thousand rupees, and in the case of a continuing failure or contravention, with an additional penalty which may extend to one thousand rupees for every day after the first during which he has persisted in such failure or contravention.” shall be substituted.
- (ZE) In Section 656, in sub-section (2), for the words, “shall be punishable with fine which may extend to rupees one thousand and if the breach is a continuing one a further fine which may extend to rupees fifty for every day after the first day during which the breach was made.”, the words, “shall be liable to a penalty which may extend to ten thousand rupees and if the breach is a continuing one a further penalty which may extend to one thousand rupees for every day after the first day during which the breach was made.” shall be substituted.
- (ZF) For Section 658, the following section shall be substituted, namely— “658. In making a by-law or regulation the Corporation may provide that a breach thereof shall be liable to, —
- (a) a penalty which may extend to ten thousand and in case of a continuing breach, with the penalty which may extend to one thousand rupees for every day during which the breach continues after the first breach; or
- (b) a penalty which may extend to five hundred rupees for every day during which the breach continues after receipt of notice from the Commissioner or any Corporation officer duly authorized in that behalf, to discontinue such breach,”
- (ZG) In Section 683, in sub-section (2), for the words, “as if it were a fine inflicted by him on the person liable therefore.”, the words, “as if it were a penalty inflicted by him on the person liable therefore.” shall be substituted.
14. 2005 4 Odisha Value Added Tax Act, 2004
- (A) In Section 82, —
- (I) In sub-section (1), -
- (a) for the words, “shall, on conviction, be punished”, the words, “shall be liable to pay” shall be substituted; and
- (b) for sub-clauses
- (i) and (ii), the following sub-clauses shall be substituted, namely, – “(i) a penalty equal to an amount of one lakh rupees, in addition to any penalty that is paid or is payable by him under any other provisions of this Act, where the amount of tax, interest or penalty, or all of them together involved is less than rupees fifty thousand in a year; and
- (ii) a penalty equal to an amount of two lakhs rupees, in addition to any penalty that is paid or is payable by him under any other provisions of this Act, where the amount of tax, interest or penalty, or all of them together involved is rupees fifty thousand or more than rupees fifty thousand in a year."
- (II) in sub-section (2), for the words, “on conviction, be punished with imprisonment of either description which shall not be less than three months but which may extend to one year and with fine”, the words, “be liable to pay a penalty of an amount equal to one lakh rupees.” shall be substituted.
- (III) in sub-section (3), for the words, “on conviction, be punished with imprisonment of either description for a term which shall not be less than six months but which may extend to one year and with fine.”, the words, “on contravention, be liable to a penalty of an amount equal to one lakh rupees.” shall be substituted.
- (IV) for sub-section (4), the following sub-section shall be substituted, namely, – “(4) Whoever fails, without sufficient cause, to furnish any return for any tax period by the date and in the manner prescribed under this Act, shall be liable to pay a penalty as specified below-
- (a) one lakh rupees, if the tax due for the period covered by the return, not so furnished, does not exceed twenty thousand rupees;
- (b) two lakh rupees, if the tax due for the period covered by the return, not so furnished, exceeds twenty thousand rupees but does not exceed one lakh rupees; and
- (c) three lakh rupees, if the tax due for the period covered by the return, not so furnished, exceeds one lakh rupees."
- (V) sub-section
- (5) shall be omitted.
- (VI) sub-section
- (6) shall be omitted.
- (VII) sub-section
- (7) shall be omitted.
- (VIII) sub-section
- (8) shall be omitted.
- (B) In Section 83, —
- (I) in sub-section (1), -
- (i) for the word, “punished”, the word, “penalised” shall be substituted; and
- (ii) in the proviso for the words, “any punishment”, the words, “pay penalty” shall be substituted.
- (II) in sub-section (2), for the word, “punished”, the word, “penalised” shall be substituted; and
- (III) in sub-section (3), -
- (i) for the word, “punished”, the word, “penalised” shall be substituted;
- (ii) in the first proviso for the words, “to any punishment”, the words, “to pay penalty” shall be substituted; and
- (iii) in the second proviso, for the word, “punished”, the word, “penalised” shall be substituted.
- (C) Sub-section
- (B) In Section 83, —
- (2) of section 84 shall be omitted.
- (D) In Section 87, for the words, “for prosecution and, on conviction, be punished with rigorous imprisonment which may extend up to six months or fine not exceeding rupees twenty-five thousand or both”, the words, “to pay a penalty of an amount equal to one lakh rupees.” shall be substituted.
15. 2005 14 The Odisha Labour Welfare Fund Act, 2005
- (A) In Section 3, in clause
- (b) of sub-section (2), for the words "all fines including the amount", the words "all fines or penalties including the amount" shall be substituted.
- (B) In Section 12, in the second proviso to sub-section (3), for the word, "fines", the word "penalties" shall be substituted.
- (C) In Section 18, in sub-section (2), after clause (d), the following clause shall be inserted, namely: — "(e) impose penalties for contraventions of the provisions of this Act or the rules made thereunder in accordance with the procedure as may be prescribed."
- (D) For Section 23, including the marginal heading, the following section shall be substituted, namely:— "23. Penalty for non-compliance with inspection requirements. — Any person who willfully obstructs an Inspector in the exercise of his powers or discharge of his duties under this Act and the rules, or fails to produce for inspection on demand by an Inspector any register, record or other document maintained in pursuance of the provisions of this Act or the rules, or to supply to him on demand true copies of any such document, shall be liable to a penalty, which—
- (a) for the first contravention, shall not be less than five thousand rupees and may extend to ten thousand rupees; and
- (b) for the second or subsequent contravention, shall not be less than ten thousand rupees and may extend to twenty thousand rupees.".
- (E) For Section 24, including the marginal heading, the following section shall be substituted, namely: — "24. Adjudication of Penalty and Appeal. —
- (1) Notwithstanding anything contained in any other law for the time being in force, no Court shall take cognizance of any contravention or default under this Act.
- (2) Any contravention of the provisions of this Act or the rules made thereunder shall be adjudicated by an officer not below the rank of Divisional Labour Commissioner, or any other officer so authorised by the State Government, in such manner as may be prescribed.
- (3) Before adjudicating any contravention, the adjudicating officer shall provide the person concerned an opportunity of being heard.
- (4) Any person aggrieved by an order passed under sub-section
- (2) may prefer an appeal to an appellate authority, i.e., Labour Commissioner, Odisha, or as may be notified by the State Government, within thirty days from the date of receipt of the order.
- (5) The manner of filing, hearing, and disposal of the appeal shall be such as may be prescribed.".
- (F) Section 26 shall be omitted.
- (G) For Section 28, the following shall be substituted, namely:- "Any person who wilfully fails to produce any document required by the Board or to furnish any information called for by Board or to comply with any direction issued by the Board under section 27 shall be liable to penalty, which-
- (i) for the first contravention, shall not be less than five thousand rupees and may extend to ten thousand rupees; and
- (ii) for the second or subsequent contravention, shall not be less than ten thousand rupees and may extend to twenty thousand rupees."
- (H) For Section 32, the following section shall be substituted, namely: — "32. All officers, employees of the Board and Inspectors appointed under section 18 shall be deemed to be public servants within the meaning of clause
- (28) of Section 2 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)."
16. 2013 10 Odisha Excise Act, 2008
- (A) In Section 52, – 1. Clause
- (d) shall be substituted, namely:– " Provided that Taps or causes to be tapped or draws, or causes to be drawn tari from any tari producing tree or possesses or sells tari or pachwai or any outstill liquor manufactured out of Mahua flower not exceeding ten litres in contravention of this Act or any rule or order made thereunder, 2. For the proviso under section 52 (ii), the following proviso shall be substituted, namely:– " Provided that for an offense under clause (d), he shall be liable to a penalty which shall not be less than five thousand rupees and may extend up to eleven thousand rupees. Explanation: Possession, collection, or sale of Mohua flower shall be treated as an offence under sub clause
- (i) of this Section, along with other intoxicants."
- (B) In Section 61, in sub-section (1), for the words, “he shall be liable to fine,”, the words, “he shall be liable to penalty,” shall be substituted.
- (C) In Section 62, in sub-section (2), for the words, “shall be liable to pay fine which shall not be less than rupees ten thousand but may extend to rupees five lakh.” the words, “shall be liable to pay a penalty which shall not be less than ten thousand rupees but may extend to five lakh rupees.” shall be substituted.
- (D) In Section 63, in sub-section (2), for the words, “he shall be liable to fine which may extend to five thousand rupees.”, the words, “he shall be liable to a penalty which may extend to five thousand rupees.” shall be substituted.
- (E) In Section 68, for the words, “he shall be liable to fine which may extend to fifty thousand rupees” the words, “he shall be liable to a penalty which may extend to fifty thousand rupees” shall be substituted.