In 2022, the Jan Vishwas (Amendment of Provisions) Bill, 2022 was introduced in Lok Sabha proposing to introduce the burden of compliance across 42 laws and decriminalization of 3400 obsolete legal provisions. The Bill was submitted to the Joint Standing Committee, which submitted its report on 17-03-2023.
About the Bill:
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Objective of the Bill:
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To criminalize 183 offences across 42 Central Acts administered by 19 Ministries/Departments and enhance the ease of doing business and living in India.
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to amend certain enactments for decriminalizing and rationalizing minor offences to enhance trust-based governance for ease of living and doing business.
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The Bill has converted several fines into penalties, meaning that court prosecution is not necessary to administer punishments.
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Several offences having imprisonment terms have been decriminalized with only monetary penalties.
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Amendments in 42 Central Acts:
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Press and Registration of Books Act, 1867
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Sections 12 & 14 were substituted with Suspension of certificate of registration.
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Sections 15A to 17, 19L were omitted that stipulated penalty for failure to make a declaration under Section B, not delivering books or supplying printer with maps, copies of newspaper to Press Register etc.
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Section 19K was substituted with the penalty for contravention of Section 19D or Section 19E.
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Chapter 10 was omitted which stipulated penalties and procedures for misconduct of persons employed to carry postal articles, delaying postal articles, fraudulently unpaid postal articles etc.
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Inserted sub-clause (iv) in Section 22 stating that to report an accident to a boiler or boiler component when so required can be done under section 18
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Section 23 substituted with penalties for illegal use of the boiler.
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Section 24(a), (b) and (d) were omitted which stipulated penalties that when an owner of a boiler fails to cause the register number allotted to the boiler, fails to report an accident to a boiler or steam-pipe etc.
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Section 26(1)(d) and 26(1)(e) were omitted which stipulated imprisonment for a term for trespasses or pastures cattle or causing damage in the reserved forest.
Insertion of Section 26(1A) states, to pay fine. for trespassing or pasturing cattle or causing damage in the reserved forest.
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Section 33(1)(e), (f) and (g) were omitted and the insertion of Section 33(1A) stated, to pay the fine for burning a fire, cutting a tree or permitting cattle to damage to the tree in reserved forests.
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Agricultural Produce (Grading and Marking) Act, 1937
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Inserted Section 3(2)(ga), (gb) that stipulated holding an inquiry to impose a penalty under sub-section (1) of section 5C and preferring appeal under Section 5D(1).
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Substituted imprisonment in Section 4 with the penalty of Rs. 5,00,000/-.
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Substituted imprisonment for 3 years in Section 5 with the penalty of Rs. 8,00,000/-.
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Substituted imprisonment for six months and fine in Section 5A with the penalty of Rs.3,00,000/-
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Substituted imprisonment for six months in Section 5B (4) with penalty of Rs. 5,00,000/-
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Substituted Section 5C(1), (2), Section 5D(1), (2), (3) and Section 5E.
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Substituted imprisonment for two years and fine in Section 30(2) with fine of Rs.5,00,000 or more
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Inserted Section 27(d) and Section 27A(ii) in Section 32B(1) after the words “of Section 13”
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Section 27 was omitted that stipulated penalty for false statement to obtain any title of government security.
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Substituted imprisonment for 1 year with fine in Section (11)(3) with the penalty of Rs. 1,00,000 or cancellation of license or both.
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Section 13(3) was omitted.
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Substituted imprisonment for 1 year with a fine in Section 26 with the penalty of Rs. 50,000/-
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Substituted imprisonment for six months or fine in Section 26A(3) with fine of Rs. 2,00,000/-
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Substituted Section 41(1) stating that the person shall be liable for a fine of Rs.50,000-Rs.1,00,000 for forging name into the register of the State.
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Substituted imprisonment for six months in Section42(2) for fine of Rs. 1,00,000
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Industries (Development and Regulation) Act, 1951
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Section 24A was omitted which stipulated a penalty for false statements.
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Substituted punishment in Section 24(1) with maximum fine of Rs.25,00,00/-
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Substituted Section 7(1)(a),(b),(c),(d),(e) and (f) and inserted sub-section(4) that stipulated punishment of imprisonment for altering or tampering any film without lawful authority, exhibits any film not certified by the Board etc.
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Inserted Section 8(c)(ca) and (cb) stating manner of levy of penalty penalty.
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Substituted Rs. 1,000 and Rs.100 in Section 14 with Rs. 1,00,000 and Rs. 10,000 respectively.
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Sections 38 to 42 were omitted which stipulated penalty for obstructing an officer or member of the board in the discharge of his duties and for failure to produce books and records, illicit cultivation, removal of tea planted without permission, for contravention of order relating to control of price and distribution etc.
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Section 68 was omitted which stipulated penalty for making false statements for the purpose of deceiving or influencing any authority or officer.
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Substituted punishment of imprisonment with penalties in Section 436(2).
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Deposit Insurance and Credit Guarantee Corporation Act, 1961
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Substituted fine of less amounts in Section 47(2) with fine of higher amounts.
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It also stated that for the purpose of adjudging the penalty, Corporation should follow a reasonable process
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Warehousing Corporations Act, 1962
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Section 38 was omitted which stipulated that whoever without the consent in writing of a Warehousing Corporation uses the name of that Corporation in any prospectus or advertisement would be punishable with imprisonment which may extend to six-month or with a fine.
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Section 41 was omitted which stipulated that whoever without the consent in writing of a Food Corporation, uses its name in any prospectus or advertisement would be punishable with imprisonment for a term which may extend to six months, or with fine.
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Substituted punishment of Rs. 1,00,000 in Section 12 with Rs. 10,00,000.
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Section 121 was omitted which stated the punishment for wrongful use of the words “patent office”.
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Substituted old penalties in Section 122 with heavy penalties and punishment.
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Inserted Section 124A and Section 159(2)(xiiia) imposing penalty on Section 124A(1).
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Marine Products Export Development Authority Act, 1972
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Substituted imprisonment of one year in Section 20(3) with penalty of Rs.10,000/-.
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The penalty in Section 23 was increased from Rs. 5,000/- to Rs. 10,000/-.
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Substituted Section 24 and Section 25.
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High Denomination Bank Notes (Demonetisation) Act, 1978
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Substituted punishment of imprisonment in Section 10(1), (2) and (3) with a fine.
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Air (Prevention and Control of Pollution) Act, 1981
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Substituted Section 21(1) stating that no person shall establish any industrial plant in an air pollution control area unless the consent of the State Board.
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Inserted Section 21A stating the power to issue guidelines
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Substituted Section 37, 38, 38A, 39, 39A, 39B, 39C, 39D stating penalty for different offences
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Inserted Section 53(1)(h) stating the manner of holding an inquiry and imposing penalties for the adjudicating officer.
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National Bank for Agriculture and Rural Development Act, 1981
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Substituted Section 56(2) stating if any person failed to produce any book, account or other document according to his duty then he shall be liable to pay Rs. 1,50,000. According the sub-sections (3),(4),(5),(6) and (7)
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Substituted imprisonment of six months in Section 27 with penalty of Rs. 50,000/-
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Section 28 was omitted which stipulated the punishment of imprisonment for a term if any person contravenes any order made under Section 16.
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Substituted imprisonment of one year in Section 29 with a penalty of fifty thousand.
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Substituted imprisonment of six months in Section 30 with penalty of Rs. 50,000/-
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Environment (Protection) Act, 1986
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Inserted Section 2(ca) stating that Fund means the Environmental Protection Fund established under section 16.
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Substituted Section 10(2) to (4) stating different penalties for carrying on any industry, operation or process of handling any hazardous substance, delaying the performance of their duty.
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Inserted Section 14A stating penalty for contravention of Section 7 or Section 8, Section 14B for penalty of contravention of Section 9, 10 and 11
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Substituted Sections 15 to 17 stating penalty for contravention of provisions of Acts, rules and directions by companies, Governmental Department etc.
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National Housing Bank Act, 1987
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Inserted Section 33C stating the power to take action against the auditors
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Section 49(2), 49(2B), 49(3)(aa) and 49(4) were omitted which stipulated penalties if any person fails to produce any book, account or other document, or to furnish any statement or information under the Act, if auditor fails to comply with to comply with the direction etc.
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Substituted fine in Section 52A (I) with penalty and five thousand in Section 52A (II) with twenty-five thousand.
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Inserted sub-section(1A),(1B),(1C) and (1D) stating penalty for person if he fails to produce any book, account or other document, if auditor fails to comply with any direction given or order made by the National Housing Bank.
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Substituted section 129A(1) fine of Rs. 10,000 with or a fine with Rs. 10,000
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Section 129 proviso was omitted which stipulated wearing of protective headgear and its exceptions.
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Substituted Section 200 heading as ‘Compounding of offences’
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Inserted Proviso to Section 215 stating that the Central Government may, by notification in the Official Gazette, constitute District Road Safety Committee for such district in such State, where the State Government has not constituted the Committee.
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Substituted Section 144 stating that no person shall be permitted to beg in any railway carriage or upon any part of the railway
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Public Liability Insurance Act, 1991
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Inserted Section 2(ha) and (k) stating the definition of property and words and expressions used and not defined in this Act but defined in the Transfer of Property Act, 1882 (4 of 1882) and the Environment (Protection) Act, 1986 (29 of 1986) shall have the meanings respectively assigned to them in those Acts.
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Substituted Section 3(1) stating the liability of the owner
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Inserted Section 6(1A) stating Where any damage has been caused to any public property or private property due to manufacture, an application for claim for restoration of the property may be made by the owner of the property
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Inserted Section 7(9) stating that in damage to environment due to any process the Central Government may allocate the fund for the restoration of the damage so caused in the manner as may be prescribed.
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Inserted Section 7A(1A) stating the credit to the relief fund.
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Substituted Section 15, 17 stating penalty for contravention by Government Department.
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Schedule was omitted which stipulated reimbursement of medical expenses upto Rs. 12,500/-, reimbursement of medical expenses for fatal accidents etc.
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Cable Television Networks (Regulation) Act, 1994
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Substituted Section from 16 to 18 stating penalty for provision of the Act.
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Section 106, 108 and 109 were omitted which stated penalty for removing piece goods, etc., contrary to section 8, penalty for improperly describing a place of business as connected with the Trade Marks Office and penalty for falsification of entries in the register.
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Substituted imprisonment of 3 years in Section 107(2) with penalty of Rs. 25,000 and more.
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Inserted Section 112 stating adjudication of penalties and Section 157(2)(xxxiiia) stating ) the manner and conditions of recovery of penalty under sub-section (1) of section 112A.
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Geographical Indications of Goods (Registration and Protection) Act, 1999
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Inserted Section 37A stating adjudication of penalties and Section 87(2)(oa) stating the manner and conditions of recovery of penalty under Section 37A(1).
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Sections 43 and 44 were omitted which stipulated penalty for improperly describing a place of business as connected with the Geographical Indications Registry and penalty for falsification of entries in the register.
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Substituted imprisonment of three years in Section 42(2) with penalty of Rs. 25,000/-
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Information Technology Act, 2000
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Substituted Section 2(1)(e), 33(2), 44,45,46,67C, 68, 69B(4),70B(7),72,72A which reduced the punishment of imprisonment with heavy fines in the respective sections.
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Section 66A was omitted which stipulated punishment for sending offensive messages through communication service.
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Metro Railways (Operation and Maintenance) Act, 2002
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Inserted Section 6(2)(j) stating the levy and collect penalties under this Act
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Substituted Section 59(2) stating that if any metro railway official or authorised person is in a state of intoxication while on duty, he shall be punishable with penalty upto Rs.10,000/-
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Substituted the imprisonment for a month and fine in Section 63 with penalty upto Rs.5,000/-
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Section 80 was omitted which stated offences by companies.
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Substituted Sections 65, 69, 70 and 82.
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Prevention of Money-Laundering Act, 2002
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Substituted Paragraph 21 in Part A under the Schedule with the name ‘Offences under the Trade Marks Act, 1999’, substituted Paragraph 2 with the name ‘Offences under the Information Technology Act, 2000.
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The Paragraph 25 and Paragraph 27 were omitted in Part A in the Schedule which stipulated Offences under The Environment Protection Act, 1986 and Offences under the Water (Prevention and Control of Pollution) Act, 1974 respectively.
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Food Safety and Standards Act, 2006
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Substituted imprisonment of six years in Section 59(i) with fine up to Rs. 3,00,000/-
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Substituted imprisonment of three years in Section 61 with fine up to Rs. 10,00,000/-
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Substituted imprisonment of six months in Section 63 with fine upto Rs 5,00,000/-
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Government Securities Act, 2006
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Substituted the imprisonment of six month with fine in Section 20(1) with only fine.
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Cantonment Act, 2006
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Section 156 was omitted which stipulated the punishment that if the person who is in charge of a blood bank or any other establishment which collects or supplies blood, plasma, marrow or any other substance for transfusion or treatment of patients or for any other medical use, fails to take adequate precautions or exercise adequate supervision leading to or resulting in the supply of infected or contaminated blood, plasma, marrow or any other substance.
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Substituted Section 185(1) stating that no person shall resign without reasonable cause.
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Payment and Settlement Systems Act, 2007
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Substituted Section 26(3) and 26(6) stating that the fine would be extended to twenty-five thousand rupees for every day.
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Inserted after the word, brackets and figure “sub-section (2)”, the words, brackets and figure “or sub-section (3) in Section 30(1)
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Inserted Rs, 10,00,000 in Section 30 (1) in place of Rs. 10,00,000/-
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Collection of Statistics Act, 2008
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Sections 16 to 22 were omitted which stipulated Penalties for making false statement, for mutilation or defacement of information schedule, for obstruction of employees, for other offences, for failure to carry out duties and functions by employees and for impersonation of employee.
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Substituted Section 15(1) stating that fine for the person failing to produce any books of account etc.
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The penalties elucidated in Sections 25,27,28,29,31,34,35,48 were elevated to high penalties respectively.
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Factoring Regulation Act, 2011
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Substituted Section 21 and 22 stating different penalties related to non-compliance of direction by the Reserve Bank.
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Aadhar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016
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Substituted imprisonment of one year or with a fine in Section 41 with penalty of Rs. 1,00,000/- and Rs. 10,00,000/- for a company.
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