The Uttar Pradesh Facilitative Trade (Amendment of Provisions) Act, 2025
The Uttar Pradesh Facilitative Trade (Amendment of Provisions) Act, 2025
1. Short title and commencement
- (1) This Act may be called the Uttar Pradesh Sugamya Vyaapar (Pravdhaano Ka Sanshodhan) Act, 2025.
- (2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for amendments relating to different enactments mentioned in the Schedule.
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 percent of the minimum amount of fine or penalty, as the case may be, prescribed therefor, after the expiry of every three years from the date of commencement of this Act.
4. Repeal and savings
- (1) The Uttar Pradesh Sugamya Vyaapar (Pravdhaano Ka Sanshodhan) Ordinance, 2025 is hereby repealed.
- (2) Notwithstanding such repeal, anything done or any action taken under the provisions of the principal Act as amended by the Ordinance referred to in sub-section (1) shall be deemed to have been done or taken under the corresponding provisions of the principal Act as amended by this Act as if the provisions of this Act were in force at all material times.
- (3) The amendment by this Act of any enactment shall not affect any other enactment in which the amended enactment has been applied, incorporated or referred to; and this Act shall not affect the validity, invalidity, effect or consequences of anything already done or suffered, or any right, title, obligation or liability already acquired, accrued or incurred or any remedy or proceeding already completed in respect thereof, or any release or discharge of, or from any debt, penalty, obligation, liability, claim or demand, or any indemnity already granted; nor shall this Act affect any principle or rule of law, or established jurisdiction, form or course of pleading, practice or procedure, or existing usage, custom, privilege, restriction, exemption, office or appointment, notwithstanding that the same respectively may have been in any manner affirmed, or recognised or derived by, in or from any enactment hereby amended; nor shall the amendment by this Act of any enactment revive or restore any jurisdiction, office, custom, liability, right, title, privilege, restriction, exemption, usage, practice, procedure or other matter or thing not now existing or in force.
I. THE SCHEDULE
(See Section 2) Sl. no. Year No. Short Title Amendments 1 1953 14 The Uttar Pradesh Sugarcane (Regulation of Supply and Purchase) Act, 1953 (A) In Section 22, for the words "liable to imprisonment up to six months or to a fine not exceeding one lakh rupees or both and in the case of continuing contravention to a further fine not exceeding five thousand for each day during which the contravention continues", the words "liable to a penalty which may extend to two lakh rupees and, in the case of a continuing contravention, with an additional penalty which may extend to five thousand rupees for each day during which the contravention continues" shall be substituted. (B) For Section 22A, the following section shall be substituted, namely:- "22A. Inquiry into Contraventions- (1) An Inspector, specially empowered by the State Government by notification, may conduct inquiries into any contravention of this Act or Rules or Orders made thereunder within the limits of his jurisdiction. (2) Such Inspectors may exercise powers to issue notices, summon documents, and collect evidence necessary to ascertain compliance and recommend penalties under this Act. (3) The State Government may prescribe procedures for such inquiries to ensure fair and transparent enforcement." (C) For Section 23, the following Section shall be substituted, namely:- "23. Adjudication, Compounding, and Appeal- (1) Any contravention of this Act or rules or orders made thereunder shall be subject to a penalty imposed by the Cane Commissioner appointed under Section 9 or an officer designated under Section 10, based on an inquiry conducted by an Inspector under Section 22A. (2) The Cane Commissioner or an officer designated under Section 10 may, on application by the person liable for a penalty, compound the contravention by levying a composition fee not exceeding fifty percent of the penalty imposed under Section 22, subject to procedures prescribed by the State Government. (3) Any person aggrieved by the imposition of a penalty or compounding decision may appeal to the Sugar Commissioner appointed under Section 9 or an appellate authority designated by the State Government within thirty days, in such form and manner as may be prescribed." (D) Section 24 shall be omitted. 2 1956 3 The Uttar Pradesh Cinemas (Regulation) Act, 1955 Section 8 shall be omitted. 3 1959 2 The Uttar Pradesh Municipal Corporation Act, 1959 (A) In Section 465,– (i) in sub-section (1), for the words and symbol "punished with imprisonment which may extend to one month or with fine which may extend to one hundred rupees or with both", the words "liable to a penalty which may extend to five lakh rupees in case of a city with a population exceeding one million and one lakh rupees in case of a city with a population less than one million" shall be substituted; (ii) for sub-section (2), following sub-section shall be substituted, namely:– "(2) Where a person is held liable for a penalty under sub-section (1), the adjudicating officer may, after giving an opportunity of being heard, order the immediate removal of any building, or the discontinuance of the operation or use of land, in respect of which such contravention has occurred." (iii) in sub-section (3), for the words "punished with imprisonment which may extend to one month or with fine which may extend to one hundred rupees or with both", the words "liable to a penalty which may extend to five lakh rupees in case of a city with a population exceeding one million and one lakh rupees in case of a city with population less than one million" shall be substituted. 4 1961 33 The Uttar Pradesh Kshettra Panchayats and Zila Panchayats Adhiniyam, 1961 (A) In Section 107-A, for the words and symbol "punishable with simple imprisonment for a term which may extend to one year and with fine which may extend to twenty thousand rupees.", the words and symbol "liable to a penalty which may extend to two lakh rupees." shall be substituted. (B) For Section 240, the following section shall be substituted, namely:– "240. In making a rule, the State Government, and in making a bye-law, the Zila Panchayat with the sanction of the Prescribed Authority, may direct that a breach of this provision shall be liable to a penalty which may extend to one thousand rupees. In case of a continuing breach, an additional penalty of upto fifty rupees, may be imposed for each day the violation continues after the initial breach. In the event of a repeated breach, offender shall be liable to a penalty which may extend to twenty-five thousand rupees." (C) For Section 264-J, the following section shall be substituted, namely:– "264-J. If any person contravenes any order made under Section 264-D or Section 264-F, he shall be liable to a penalty which may extend to one lakh rupees." 5 1976 3 The Uttar Pradesh Intoxicating Liquor (Objectionable Advertisements) Act, 1976 (A) In Section 6, for the words "with imprisonment which may extend to six months or with fine or with both", the words "with a penalty which may extend to seventy-five thousand rupees" shall be substituted. 6 1976 6 The Uttar Pradesh Industrial Area Development Act, 1976 (A) In Section 16-A,– (i) for the words and symbol "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", the words and symbol "liable to a penalty which may extend to twenty-five thousand rupees" shall be substituted; (ii) after the existing text, the following shall be inserted, namely:– "For the purposes of this section, the Chief Executive Officer or any officer authorised by him shall have the power to hold inquiry and impose the penalty in such manner as may be prescribed." 7 1976 45 The Uttar Pradesh Protection of Trees Act, 1976 (A) In Section 10, for the words, "punished 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 punishable with fine which may extend to ten thousand rupees" shall be substituted. (B) After Section 10, following Section shall be inserted, namely:- "10A. Adjudication of Penalties– The Divisional Forest Officer shall conduct an inquiry to determine and impose the penalty under Section 10, in such manner as may be prescribed." (C) Section 13 shall be omitted. (D) For Section 15, the following section shall be substituted, namely:– "15. (1) The State Government may, by notification, authorise any officer to accept from any person against whom there is reason to believe that he has committed an offence under this Act in relation to any tree situated in any forest, garden or public land, a sum of money not exceeding five thousand rupees per tree as compounding for the offence believed to have been committed by such person. (2) The State Government may, by notification, authorise any officer to accept from any person against whom there is reason to believe that he has committed an offence under this Act in respect of more than twenty-five trees at one time situated in any forest, garden or public land, a sum of money not exceeding ten thousand rupees per tree as compounding for the offence believed to have been committed by such person. (3) In case of non-payment of the composition fee specified in sub-section (1) or (2), the composition fee may be recovered as land revenue. (4) On payment of such sum of money to any such officer, the suspect, if in custody, shall be released and no further proceedings shall be taken against such person under this Act and notwithstanding anything contained in Section 14, such officer may, on payment of such sum, not being less than ten thousand rupees, as he may consider reasonable in the circumstances of the case, release any property seized under this Act." 8 2012 8 The Uttar Pradesh Revenue Code, 2006 (A) For Section 229, the following Section shall be substituted, namely:– "229."(1) Every person,– (a) who fails to furnish any statement or information lawfully required under the provisions of this Code; or (b) furnishes any statement or information which is false and which he has reason to believe to be false; or (c) obstructs the Collector or any other revenue officer or Gram Panchayat in taking possession of any land in accordance with the provisions of this Code; or (d) obstructs any officer or public servant in doing any of the Acts specified in Section 220; shall be liable to a penalty which may extend to two lakh rupees." 9 2019 13 The Uttar Pradesh Ground Water (Management and Regulation) Act, 2019 (A) For Section 39, the following section shall be substituted, namely:– "39. Offences and Penalties– (1) If any commercial, industrial, infrastructural or bulk user of groundwater, or any drilling agency obstructs the Appropriate Authorities or any other person authorised by the State Ground Water Management and Regulatory Authority to exercise any of the powers under this Act, such person shall be punishable with imprisonment which shall not be less than six months but which may extend to one year, or with fine which shall not be less than two lakh rupees but which may extend to five lakh rupees, or with both, in the case of a first offence. In the event of a second or subsequent offence, such person shall be liable to a fine which shall be double the amount of the fine awarded in the previous instance, in addition to imprisonment awarded under the said sub-section. Besides, the authorisation or no-objection certificate granted under this Act shall be liable to cancellation. (2) Any commercial, industrial, infrastructural or bulk user of groundwater who contravenes the provisions of Sections 27 or 29 shall,– (a) for the first offence, be liable a penalty which shall not be less than ten lakh rupees; (b) for the second or subsequent offence, shall be liable a penalty which shall not be less than fifteen lakh rupees. (3) Any commercial, industrial, infrastructural or bulk user of groundwater or drilling agency who contravenes or fails to comply with any provision of this Act or the rules made thereunder except those covered under sub-sections (1), (2), or the provisions under Chapter-V, shall be liable to a minimum penalty which may be prescribed and which may extend to five lakh rupees. In the event of a second or subsequent contravention, such person shall be liable to a penalty which shall be double the amount imposed in the previous instance. The authorisation or no-objection certificate granted under this Act shall be liable to cancellation. (4) Any commercial, industrial, infrastructural or bulk user of groundwater who contravenes the provisions of sub-section (2) of Section 26, or Section 28 shall,– (a) for the first contravention, be liable to a minimum penalty which may be prescribed and which may extend to ten lakh rupees; (b) for any subsequent contravention, be liable to a penalty which may extend to forty lakh rupees. (5) Any supplier of water (other than Government drinking water supply schemes) who supplies or causes to be supplied groundwater which fails to meet the quality standards prescribed under any law for the time being in force shall be liable to a minimum penalty which may be prescribed and which may extend to five lakh rupees. (6) Whoever, being the owner of a building, fails to install a system for harvesting rainwater to recharge groundwater as per the sanctioned drawing, design and guidelines issued by any Development Authority or other authority competent to sanction such drawing, shall be liable to concerned provisions made under building bye-laws." (B) After Section 39, the following section shall be inserted, namely: & "39A. Adjudication and Recovery& (1) Notwithstanding anything contained in this Act, the State Government may by notification designate an officer for the purpose of imposing penalties under Section 39 in such manner as may be prescribed. (2) In the event of non-payment of the penalty imposed, the amount shall be recovereable as an arrear of land revenue." 10 2022 16 The Uttar Pradesh Fire and Emergency Services Act, 2022 (A) In Section 36, for the words any symbol "punishable with fine which may extend to Ten thousand rupees ог with imprisonment for a term which may extend to three months, or with both", the words and symbol "liable to a penalty which may extend to seventy-five thousand rupees" shall be substituted. (B) In Section 39, for the words and symbol "be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to Ten thousand rupees or with both and where the offence is a continuing one with a further fine which may extend to One thousand rupees for every day after the first during which such offence continues.", the words and symbol "be liable to a penalty which may extend to seventy-five thousand rupees and, in the case of a continuing contravention, with an additional penalty which may extend to one thousand rupees for every day after the first during which such contravention continues."
PDF: pending for this language.
THE SCHEDULE
(See Section 2)
- (A) In Section 22, for the words "liable to imprisonment up to six months or to a fine not exceeding one lakh rupees or both and in the case of continuing contravention to a further fine not exceeding five thousand for each day during which the contravention continues", the words "liable to a penalty which may extend to two lakh rupees and, in the case of a continuing contravention, with an additional penalty which may extend to five thousand rupees for each day during which the contravention continues" shall be substituted.
- (B) For Section 22A, the following section shall be substituted, namely:- "22A. Inquiry into Contraventions-
- (1) An Inspector, specially empowered by the State Government by notification, may conduct inquiries into any contravention of this Act or Rules or Orders made thereunder within the limits of his jurisdiction.
- (2) Such Inspectors may exercise powers to issue notices, summon documents, and collect evidence necessary to ascertain compliance and recommend penalties under this Act.
- (3) The State Government may prescribe procedures for such inquiries to ensure fair and transparent enforcement."
- (C) For Section 23, the following Section shall be substituted, namely:- "23. Adjudication, Compounding, and Appeal-
- (1) Any contravention of this Act or rules or orders made thereunder shall be subject to a penalty imposed by the Cane Commissioner appointed under Section 9 or an officer designated under Section 10, based on an inquiry conducted by an Inspector under Section 22A.
- (2) The Cane Commissioner or an officer designated under Section 10 may, on application by the person liable for a penalty, compound the contravention by levying a composition fee not exceeding fifty percent of the penalty imposed under Section 22, subject to procedures prescribed by the State Government.
- (3) Any person aggrieved by the imposition of a penalty or compounding decision may appeal to the Sugar Commissioner appointed under Section 9 or an appellate authority designated by the State Government within thirty days, in such form and manner as may be prescribed."
- (D) Section 24 shall be omitted.
- (A) In Section 465,–
- (i) in sub-section (1), for the words and symbol "punished with imprisonment which may extend to one month or with fine which may extend to one hundred rupees or with both", the words "liable to a penalty which may extend to five lakh rupees in case of a city with a population exceeding one million and one lakh rupees in case of a city with a population less than one million" shall be substituted;
- (ii) for sub-section (2), following sub-section shall be substituted, namely:– "(2) Where a person is held liable for a penalty under sub-section (1), the adjudicating officer may, after giving an opportunity of being heard, order the immediate removal of any building, or the discontinuance of the operation or use of land, in respect of which such contravention has occurred."
- (iii) in sub-section (3), for the words "punished with imprisonment which may extend to one month or with fine which may extend to one hundred rupees or with both", the words "liable to a penalty which may extend to five lakh rupees in case of a city with a population exceeding one million and one lakh rupees in case of a city with population less than one million" shall be substituted.
4 1961 33 The Uttar Pradesh Kshettra Panchayats and Zila Panchayats Adhiniyam, 1961
- (A) In Section 107-A, for the words and symbol "punishable with simple imprisonment for a term which may extend to one year and with fine which may extend to twenty thousand rupees.", the words and symbol "liable to a penalty which may extend to two lakh rupees." shall be substituted.
- (B) For Section 240, the following section shall be substituted, namely:– "240. In making a rule, the State Government, and in making a bye-law, the Zila Panchayat with the sanction of the Prescribed Authority, may direct that a breach of this provision shall be liable to a penalty which may extend to one thousand rupees. In case of a continuing breach, an additional penalty of upto fifty rupees, may be imposed for each day the violation continues after the initial breach. In the event of a repeated breach, offender shall be liable to a penalty which may extend to twenty-five thousand rupees."
- (C) For Section 264-J, the following section shall be substituted, namely:– "264-J. If any person contravenes any order made under Section 264-D or Section 264-F, he shall be liable to a penalty which may extend to one lakh rupees."
5 1976 3 The Uttar Pradesh Intoxicating Liquor (Objectionable Advertisements) Act, 1976
- (A) In Section 6, for the words "with imprisonment which may extend to six months or with fine or with both", the words "with a penalty which may extend to seventy-five thousand rupees" shall be substituted.
6 1976 6 The Uttar Pradesh Industrial Area Development Act, 1976
- (A) In Section 16-A,–
- (i) for the words and symbol "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", the words and symbol "liable to a penalty which may extend to twenty-five thousand rupees" shall be substituted;
- (ii) after the existing text, the following shall be inserted, namely:– "For the purposes of this section, the Chief Executive Officer or any officer authorised by him shall have the power to hold inquiry and impose the penalty in such manner as may be prescribed."
7 1976 45 The Uttar Pradesh Protection of Trees Act, 1976
- (A) In Section 10, for the words, "punished 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 punishable with fine which may extend to ten thousand rupees" shall be substituted.
- (B) After Section 10, following Section shall be inserted, namely:- "10A. Adjudication of Penalties– The Divisional Forest Officer shall conduct an inquiry to determine and impose the penalty under Section 10, in such manner as may be prescribed."
- (C) Section 13 shall be omitted.
- (D) For Section 15, the following section shall be substituted, namely:– "15.
- (1) The State Government may, by notification, authorise any officer to accept from any person against whom there is reason to believe that he has committed an offence under this Act in relation to any tree situated in any forest, garden or public land, a sum of money not exceeding five thousand rupees per tree as compounding for the offence believed to have been committed by such person.
- (2) The State Government may, by notification, authorise any officer to accept from any person against whom there is reason to believe that he has committed an offence under this Act in respect of more than twenty-five trees at one time situated in any forest, garden or public land, a sum of money not exceeding ten thousand rupees per tree as compounding for the offence believed to have been committed by such person.
- (3) In case of non-payment of the composition fee specified in sub-section (1) or (2), the composition fee may be recovered as land revenue.
- (4) On payment of such sum of money to any such officer, the suspect, if in custody, shall be released and no further proceedings shall be taken against such person under this Act and notwithstanding anything contained in Section 14, such officer may, on payment of such sum, not being less than ten thousand rupees, as he may consider reasonable in the circumstances of the case, release any property seized under this Act."
8 2012 8 The Uttar Pradesh Revenue Code, 2006
- (A) For Section 229, the following Section shall be substituted, namely:– "229."(1) Every person,–
- (a) who fails to furnish any statement or information lawfully required under the provisions of this Code; or
- (b) furnishes any statement or information which is false and which he has reason to believe to be false; or
- (c) obstructs the Collector or any other revenue officer or Gram Panchayat in taking possession of any land in accordance with the provisions of this Code; or
- (d) obstructs any officer or public servant in doing any of the Acts specified in Section 220; shall be liable to a penalty which may extend to two lakh rupees."
9 2019 13 The Uttar Pradesh Ground Water (Management and Regulation) Act, 2019
- (A) For Section 39, the following section shall be substituted, namely:– "39. Offences and Penalties–
- (1) If any commercial, industrial, infrastructural or bulk user of groundwater, or any drilling agency obstructs the Appropriate Authorities or any other person authorised by the State Ground Water Management and Regulatory Authority to exercise any of the powers under this Act, such person shall be punishable with imprisonment which shall not be less than six months but which may extend to one year, or with fine which shall not be less than two lakh rupees but which may extend to five lakh rupees, or with both, in the case of a first offence. In the event of a second or subsequent offence, such person shall be liable to a fine which shall be double the amount of the fine awarded in the previous instance, in addition to imprisonment awarded under the said sub-section. Besides, the authorisation or no-objection certificate granted under this Act shall be liable to cancellation.
- (2) Any commercial, industrial, infrastructural or bulk user of groundwater who contravenes the provisions of Sections 27 or 29 shall,–
- (a) for the first offence, be liable a penalty which shall not be less than ten lakh rupees;
- (b) for the second or subsequent offence, shall be liable a penalty which shall not be less than fifteen lakh rupees.
- (3) Any commercial, industrial, infrastructural or bulk user of groundwater or drilling agency who contravenes or fails to comply with any provision of this Act or the rules made thereunder except those covered under sub-sections (1), (2), or the provisions under Chapter-V, shall be liable to a minimum penalty which may be prescribed and which may extend to five lakh rupees. In the event of a second or subsequent contravention, such person shall be liable to a penalty which shall be double the amount imposed in the previous instance. The authorisation or no-objection certificate granted under this Act shall be liable to cancellation.
- (4) Any commercial, industrial, infrastructural or bulk user of groundwater who contravenes the provisions of sub-section (2) of Section 26, or Section 28 shall,–
- (a) for the first contravention, be liable to a minimum penalty which may be prescribed and which may extend to ten lakh rupees;
- (b) for any subsequent contravention, be liable to a penalty which may extend to forty lakh rupees.
- (5) Any supplier of water (other than Government drinking water supply schemes) who supplies or causes to be supplied groundwater which fails to meet the quality standards prescribed under any law for the time being in force shall be liable to a minimum penalty which may be prescribed and which may extend to five lakh rupees.
- (6) Whoever, being the owner of a building, fails to install a system for harvesting rainwater to recharge groundwater as per the sanctioned drawing, design and guidelines issued by any Development Authority or other authority competent to sanction such drawing, shall be liable to concerned provisions made under building bye-laws."
- (B) After Section 39, the following section shall be inserted, namely: & "39A. Adjudication and Recovery&
- (1) Notwithstanding anything contained in this Act, the State Government may by notification designate an officer for the purpose of imposing penalties under Section 39 in such manner as may be prescribed.
- (2) In the event of non-payment of the penalty imposed, the amount shall be recovereable as an arrear of land revenue."
10 2022 16 The Uttar Pradesh Fire and Emergency Services Act, 2022
- (A) In Section 36, for the words any symbol "punishable with fine which may extend to Ten thousand rupees ог with imprisonment for a term which may extend to three months, or with both", the words and symbol "liable to a penalty which may extend to seventy-five thousand rupees" shall be substituted.
- (B) In Section 39, for the words and symbol "be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to Ten thousand rupees or with both and where the offence is a continuing one with a further fine which may extend to One thousand rupees for every day after the first during which such offence continues.", the words and symbol "be liable to a penalty which may extend to seventy-five thousand rupees and, in the case of a continuing contravention, with an additional penalty which may extend to one thousand rupees for every day after the first during which such contravention continues."