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General Penalty

The Maharashtra Water Conservation Corporation Act, 2000.

General 44. Any officer or servant of the Corporation generally or specifically III of 2001.
Penalty
authorised by the Corporation may, at all reasonable time, enter upon
any land or premises and do such things as may be necessary for the
purpose of lawfully carrying out any of its work or of making any
survey, examination or investigation, preliminary or incidental to the
exercise of powers or the performance of functions by the Corporation
under this Act.
The Maharashtra Project Affected Persons Rehabilitation Act,
1999.

Penalty 21. (1) If any person knowingly furnishes any false information under Mah. XI of
2001.
this Act or obstructs in cultivation of land given to an affected person
under this Act, he shall be punished with imprisonment which may
extend to three months or with a fine which may extend to five thousand
rupees, or with both:
Provided that, in the absence of special and adequate reason to
hold the contrary to be mentioned in the judgment of the court, such
fine shall not be less than one thousand rupees.
(2) Whoever abets any offence punishable under this Act or attempts to
commit any such offence shall be deemed to have committed that
offence shall be deemed to have committed that offence and shall, on
conviction, be punished with the punishment provided for such offence
under sub-section (1).
(3) Nothing in sub-sections (1) and (2) above shall prevent the Collector
from holding a summary inquiry and from removing the obstruction
forthwith.
(4) If any person refuses or fails to comply with the order of the
collector in accordance with sub-section (3) above, he shall be liable to
fine up to rupees one thousand per day till he removes obstruction.
(5) If any beneficiary contravenes the provisions of clauses (a) and (b)
of subsection (3) of section 10, the Collector, after conducting a
summary enquiry, may order the stoppage of water supply and power
supply or stoppage of grant-in-aid, or recall the Government’s share
contribution to the beneficiary :
Provided that, an appeal may be filed within a period of fifteen
days against the order of the Collector passed under sub-section (3), (4)
or (5) as the ase may be, to the Commissioner and the Commissioner
shall dispose of the appeal within a period of one month from the date
of filing of such appeal.
The Maharashtra Scheduled Castes, Scheduled Tribes, De-notified
Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes
and Special Backward Category (Regulation of Issuance and
Verification of) Caste Certificate Act, 2000.

Offence 11. (1) Whoever,— XXIII of 2001.


s and
Penaltie
(a) obtains a false Caste Cetificate by furnishing false
s. information or filing false statement or documents or by any
other fraudulent means ; or
(b) not being a person belonging to any of the Scheduled Castes,
Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes,
Other Backward Classes or Special Backward Category secures any
benefits or appointments exclusively reserved for such Castes, Tribes, or
Classes in the Government, local authority or any other company or
corporation owned or controlled by the Government or in any
Government aided institution, or secures admission in any educational
institution against a seat exclusively reserved for such Castes, Tribes or
Classes or is elected to any of the elective offices of any local authority
or Co-oporative Society against the office, reserved for such Castes,
Tribes or Classes by producing a false Caste Certificate ; Shall, on
conviction, be punished, with rigorous imprisonment for a term which
shall not be less than six months but which may extend upto two years
or with fine which shall not be less than two thousand rupees, but which
may extend upto twenty thousand rupees or both. (2) No court shall take
congnizance of an offence punishable under this section except upon a
complaint, in writing, made by the Scrutiny Committee or by any other
officer duly authorised by the Scrutiny Committee for this purpose.
The Maharashtra Scheduled Castes, Scheduled Tribes, De-notified
Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and
Special Backward Category (Regulation of Issuance and Verification of)
Caste Certificate Act, 2000.

Offence 12. Notwithstanding anything contained in the Code of Criminal XXIII of 2001.
s under
this Act
Procedure, 1973—
to be (a) offences punishable under section 11 shall be cognizable and
cogniza non-bailable ;
ble (b) every offence punishable under this Act, shall be tried by any
Magistrate of First Class in a summary way and provisions of sections
262 except sub-section (2) to 265 both inclusive of this Code, shall as
far as possible may be applied to such trial.

The Maharashtra Scheduled Castes, Scheduled Tribes, De-notified


Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes
and Special Backward Category (Regulation of Issuance and
Verification of) Caste Certificate Act, 2000.

Penalty 14. Whoever abets any offence punishable under this Act shall be XXIII of 2001.
and
abateme
punished with punishment provided for in this Act for such offence.
nt.
The Maharashstra State Enterprises (Reconstruction and other
Speicial Provisions) of Act, 2000
Penalty 24. (1) Whoever violates the provisions of this Act or any scheme or XXXIII of
and
Certain
any order of the Board and whoever makes a false statement or gives 2001.
offence false evidence to the Board shall be punishable with simple
s. imprisonment for a term which may extend to three years and shall also
be liable to fine.
(2) No court shall take cognizance of any offence under sub - section (1)
except on a complaint in writing of such officer of the Board as may be
authorised in this behalf by the Board .
Tax on the Entry of Goods Into Local Areas Act, 2002

Offence 7. (1) Any importer registered or liable to be registered under this Act, IV of 2003
s
who,
(a) fails to pay, within the time allowed , any tax assessed or any
penalty imposed or any interest levied on him under this Act , or
(b) willfully acts in contravention of the provisions of this Act or
the rules made thereunder,
shall, on conviction, be liable to be punished with fine which
may extend to two thousand rupees.
(2) Any importer registered or liable to be registered under this Act,
who,
(a) willfully submits an untrue return or fails to submit a return
as required by the provisions of this Act or the rules made
thereunder ; or
(b) fraudulently evades the yment of any tax and other amount
due from him under this Act,
shall, on conviction, be liable to be punished, if it is a first
offence, with a fine which may extend to two thousand rupees,
and if it is a second or subsequent offence, with simple
imprisonment which may extend to six months or with fine
which may extend to five thousand rupees or with both .
(3) Any person who makes any statement or declaration before any
check - post officer or any other authority including the assessing
authority in connection with any imported goods specified in the
Schedule or the movement or import of the said goods, which statement
or declaration he knows or has reason to believe to be false , shall , on
conviction, be liable to be punished with simple imprisonment , which
may extend to six months or with fine which may extend to two
thousand rupees or with both .
(4) Any person, who is in any way knowingly concerned in any
fraudulent evasion or attempt at evasion or abetment of evasion of any
tax payable under this Act shall, on conviction, be liable to be punished
with simple imprisonment, which may extend to six months or with fine
which may extend to two thousand rupees or with both .

The Maharashtra State Council for Occupational Therapy and


Physiotherapy Act, 2002.
Penalty 32. (1) Any person who contravenes the provisions of sub-section (1) of II of 2004.
for Act
in
section 31 and if the person so contravening is an institution; the
Contrav proprietor of the institute or the Chairperson and members of the
ention Managing Board of the institute who, knowingly or wilfully authorises
of
Provisio or permits the contravention shall, on conviction, be punished,—
n of (a) for the first offence, with imprisonment for a term which may
S.31. extend to three years and with fine which shall not be less than ten
thousand rupees but which may extend to twenty-five thousand
rupees; and
(b) for a second or subsequent offence, with imprisonment for a
term which shall not be less than six months but which may extend
to five years and with fine which shall not be less than twenty-five
thousand rupees but which may extend to fifty thousand rupees:
Provided that, when the contravention is continued after
the order of conviction, a further fine which may extend to five hundred
rupees, for each day of continuation of such contravention, may be
imposed.
(2) Any person who acts in contravention of the provisions of sub-
section (2) of section 31, shall, on conviction, be punished,—
(a) for the first offence, with imprisonment for a term which may
extend to three years and with fine which shall not be less than five
thousand rupees but which may extend to ten thousand rupees; and
(b) for a second or subsequent offence, with imprisonment for a term
which may extend to ten years and with fine which may extend to
twenty-five thousand rupees: Provided that, when the contravention is
continued after the order of conviction, a further fine which may extend
to five hundred rupees, for each day of continuation of such
contravention, may be imposed.
The Maharashtra State Public Services (Reservation for Scheduled
Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic
Tribes, Special Backward Category and Other Backward Classes) Act,
2001.
Penalty 8. (1) Any appointing authority or officer or employee entrusted with VIII of 2004.
the duty or responsibility under sub-section (1) of section 7 who
willfully acts in a manner intended to contravene or defeat the purposes
of this Act shall, on conviction, be punished with imprisonment for a
term which may extend to ninety days or fine which may extend to five
thousand rupees, or with both.
(2) No court shall take cognizance of an offence punishable under this
section except with the previous sanction of the Government or officer
authorized in this behalf by the Government.
The Central India Spinning, Weaving and Manufacturing
Company Limited, the Empress Mills, Nagpur (Acquisition and
Transfer of Undertaking) Act, 1986.
Penalty. 30. Any person who,— XLVI of 1986
(a) having in his possession, custody or control any property
forming part of the undertaking wrongfully withholds such
property from the State Government or the Corporation or the
new Government company or any person or body of persons
specified by the State Government, Corporation or, as the case
may be, new Government comapany, in this behalf ; or
(b) wrongfully obtains possession of, or retains, any property
forming part of the undertaking ; or
(c) wilfully withholds or fails to furnish to the State Government,
or the Corporation, or the new Government company, as the case
may be, or any person or body of persons specified by that
Govenment, or the Corporation or the new Government company,
any document relating to the undertaking, which may be in his
possession, custody or control ; or
(d) fails to deliver to the State Government, or the Corporation, or
the new Government company, as the case may be, or to any
person or body of persons specified by that Govenment, or the
Corporation, or the new Government company, any assets, books
of account, registers or other documents in his possession,
custody or control relating to the undertaking ; or
(e) wrongfully removes or destroys any property forming part of the
undertaking ; or (f) wrongfully prefers any claim under this Act which
he knows or has reasonable cause to believe to be false or grossly
inaccurate ; shall, on conviction, be punished with imprisonment for a
term which may extend to two years, or with fine which may extend to
ten thousand rupees, or with both.
The Maharashtra Tax on Entry of Motor Vehicles into Local Areas
Act, 1987.
Penalty 14. (1) Where any person liable to pay tax under the Act fails to comply XLII of 1987
with any of the provisions of this Act or rules made thereunder, then the
Assessing Authority may, after giving such person a reasonable
opportunity of being heard, by order in writing impose on him in
addition to any tax payable a sum by way of penalty not exceeding
twice the amount of tax.
(2) If a person liable to pay tax under this Act does not pay the tax
within the time he is required by or under the provisions of this Act to
pay it, then he shall be liable to pay by way of simple interest, in
addition to the amount of such tax and penalty, if any, under sub-section
(1), a sum equal to two per cent. of the amount of such tax for each
month or for part thereof, after the last date by which he should have
paid such tax.
The Maharashtra Educational Institutions (Prohibition of
Capitation Fee) Act, 1987.
Penaltie 7. Whoever contravenes any provision of this Act or the rules made VI of 1988.
s
punish
thereunder, shall, on conviction, be punished with imprisonment for a
ment term which shall not be less than one year but which may extend to
for three years and with fine which may extend to five thousand rupees:
abetme
Provided that, any person who is accused of having committed
nt. the offence under subsection (1) of section 3 of demanding capitation
fee shall, on conviction, be punished with imprisonment for a term
which shall not be less than one year but which may extend to two years
and with fine which may extend to five thousand rupees.]
7A. Whoever abets any offence punishable under this Act shall, on
conviction, be punished with the punishment provided for the offence.
The Maharashtra Workmen’s Minimum House-rent Allowance Act,
1983.
Penaltie 10. (1) Whoever, for the purposes of avoiding any payment to be made XXIII of 1988.
s for
Offence
by himself under this Act, or of enabling any other person to avoid such
s. payment, knowingly makes or causes to be made any false statement or
false representation or false entry in any register, account book or other
record shall, on conviction, be punished with imprisonment for a term
which may extend to one year, or with fine which may extend to two
thousand rupees, or with both. (2) Any person who contravenes, or
makes default in compliance with, any other provision of this Act shall,
on conviction, be punished with imprisonment for a term which may
extend to six months, or with fine which may extend to one thousand
rupees, or with both.

General 55. Whoever contravenes the provisions of this Act or of any rule or XLVIII of 1976
Penalty.
bye-law or fails to comply with any notice, order or requisition issued
under this Act or any rule or bye-law, shall, on conviction, be punished
with fine which may extend to one thousand rupees, and with further
fine which may extend to fifty rupees for every day on which such
contravention or failure continues after the first conviction.

Impositi 17. (1) The Adjudicating Officer shall, after the inquiry is held under LIV of 1981.
on of
Penalty.
section 16, decide whether any person has used or caused or allowed to
be used, any fishing vessel in contravention of any of the provisions of
this Act or of any order or rule made thereunder or of any of the
conditions of the licence. When such person is found guilty by the
Adjudicating Officer, the Adjudicating Officer may, by order in writing
impose on such person a penalty of an amount not exceeding—
(a) five thousand rupees, if the value of the fish involved is one
thousand rupees or less;
(b) five times the value of the fish, if the value of the fish involved
is more than one thousand rupees ;
(c) five thousand rupees, in any other case, including a case where
there has been no catch of fish, as may be adjudged by the
Adjudicating Officer.
(2) The amount of any penalty imposed under sub-section (1) shall be
recoverable as an arrear of land revenue.
(3) In addition to any penalty that may be imposed under sub-section
(1), the Adjudicating Officer may direct that—
(a) the registration certificate of the fishing vessel which has been
used, or caused or allowed to be used, in the manner referred to in
sub-section (1) or the licence, any condition of which has been
contravened, shall be—
(i) cancelled or revoked, as the case may be ; or
(ii) suspended for such period as the Adjudicating Officer
deems fit ; or
(b) the fishing vessel or fish that may have been impounded or
seized as the case may be, under section 14 shall be forfeited to
the State Government :
Provided that no fishing vessel shall be forfeited under
clause (b), if the Adjudicating Officer, after hearing the owner of such
vessel or any person claiming any right thereto, is satisfied that the
owner or such person had exercised due care for the prevention of the
commission of such default

General 21. Whoever contravenes any of the provisions of this Act or any order LIV of 1981.
Provisio
n of
of rule made thereunder or any of the conditions of the licence, shall,
Penalty. without prejudice to any other action which may be taken against him
under this Act, on conviction, be punished with fine, which may extend
to one thousand rupees, and with further fine which may extend to fifty
rupees for every day on which such contravention continues after the
first conviction.

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