Criminal Provision

Non-payment of charges as provided in lease deed

Provision for delay payment of water supply connection

On completion of the building and before its occupation, the owner of building shall give notice to the authority in the format prescribed in Appendix- G. The Authority/External agency shall carry out Single Joint inspection provided under Rule 34 within 7 days of receipt of such notice and submit the inspection reports in the format given in Appendix- Q3 within 48 hours of the Single Joint Inspection The Authority shall issue Completion and Occupancy Certificate in format given in Appendix-T within eight days from the receipt of such notice failing which it shall be deemed to have been issued. Occupancy of a building for which a completion and occupancy certificate has not been obtained shall be deemed to be a violation under Section 36 of Chhattisgarh Nagar Tatha Gram Nivesh Adhiniyam, 1973 ( No 26 of 1973) and shall invite the penalty prescribed therein.

Any person who whether at his own instance or at the instance of any other person, commences, undertake or carries out any development or changes use of any land- a) Without permission required under this act. b) In contravention of the permission granted or any condition subject to which such permission has been granted c) in contravention of any permission which has been duly modified Shall without prejudice to any action that may be taken under Section 37, be punished with simple imprisonment for a term which my extend to six months or with fine of minimum ten thousand rupees or with both, and in the case of a continuing offence with further fine which may extend to one thousand rupees for every day during which the offence continues after conviction for the first offence, and such property of unauthorized development may be forfeited.)

On completion of the construction of the plinth. The owner of the building shall give notice to the authority in the format prescribed in Appendix-F. The authority/External Agency within 7 days of receipt of such notice shall carry out Single Joint Inspection provided under Rule 34 and submit the inspection reports in the format given in Appendix 22 within 48 hours of the Single Joint Inspection. The Authority shall issue Plinth Certificate prescribing conditions/instructions to be followed by owner in format given in Appendix 5 within 8 days from the receipt of such notice failing which it will be deemed to have been issued. The owner shall carry out such instructions as are given. failing which the authority will be competent to demolish such part of the plinth as is under objections.

Any person who, whether at his own instance or at the instance of any other person, commences, undertake, or carries out any development or changes use of any land-(a) Without permission required under this Act(b) in contravention of the permission granted or any condition subject to which such permission has been granted(c) in contravention of any permission which has been duly modifiedShall without prejudice to any action that may be taken under Section 37, be punished with simple imprisonment for a term which my extend to six months or with fine of minimum ten thousand rupees or with both, and in the case of a continuing offence with further fine which may extend to one thousand rupees for every day during which the offence continues after conviction for the first offence, and such property of unauthorized development may be forfeited.If within the period specified in the notice or within the same period after the disposal of the application the notice or so much of it as stands is not complied with, the Director may-(a) Prosecute the owner for not complying with the notice and whether the notice requires the discontinuance of any use of land, any other person also who uses the land or cause or permits the land to be used in contravention of the notice

b) Where the notice required the demolition or any alteration of any building or works or carrying out of any building or other operation itself cause the restorations of the land to its condition before the development took place and secure compliance with the condition of the permission or with the permission as modified by taking such steps as the Director may consider necessary, including demolition or alteration of any building or works or carrying out of any building or other operations, and recover the amount of any expenses incurred by him in this behalf from the owner as arrears of land revenue. (7) Any person prosecuted under clause (a) or sub-section (6) shall, on conviction, be punished with simple imprisonment for a term which may extend to six months or with fine of minimum ten thousand rupees or with both, and in the case of a continuing offence with further fine which may extend to one thousand rupees for every day during which the offence continues after conviction for the first offence

a) For adulterated or spurious drugs causing grievous hurt. (b) For adulterated drugs, without license as required under 18 c (c)For spurious drugs (d)Any other contravention other than as referred in 27(a), 27(b), 27 (c)

Penalty for furnishing false particulars - Any person who signs any statement, amending statement, notice or intimation under thisChapter containing any which knows to be false or does not believe to be true, or containing particulars which he knows to be incomplete or does not believe to be complete,shall be punishable with imprisonment which may extend to three months, or with fine, or with both

Failure by the owner of residences/buildings/premises to appoint a fire safety officer

Violation of the provisions made under Section 33 for fire prevention and fire safety in buildings and premises.

Unauthorized breaking of the seal of buildings or premises sealed by the Director General

Failure to comply with the conditions specified in the notification issued under Section 14(2).

Wilfully causing obstruction or interference with any member of the fire and emergency services who is engaged in fire rescue operations.

Giving false information or information about a fire.

Violating any provision of this Act or any rule or notification made thereunder.

Minor penalties Any owner of a boiler who refuses or without reasonable excuse neglects- (i) to surrender a provisional order as required by section 9 or (ii) to produce a certificate or provisional order when duly called upon to do so under section 15 or (iii) to make over to the new owner of a boiler a certificate or provisional order as required by section 16 or (iv)to report an accident to a boiler or boiler component when so required under section 18

Penalties for illegal use of boiler: Any owner of boiler who, (a) in any case in which a certificate or provisional order is required for the use of the boiler under this Act, uses the boiler either without any such certificate or order being in force or at a higher pressure than that allowed thereby, (b) uses or permits to be used a boiler which has been transferred from one State to another without such transfer having been reported as required under clause (b) of section 6 or (c) fails to cause the register number allotted to the boiler under this Act to be permanently marked on the boiler as required under sub-section (6) of section 7

Other penalties: Any person who- (c) makes any structural alteration, addition or renewal in or to a boiler without first obtaining the sanction of the Chief Inspector when so required by section 12, or to a steampipe without first informing the Chief Inspector when so required by section 13, or (e) tampers with a safety valve of a boiler so as to render it inoperative at the maximum pressure at which the use of the boiler is authorized under this Act, or (f) allows another person to go inside a boiler without effectively disconnecting the same in the prescribed manner from any steam or hot water connection with any other boiler or from fuel mains

Penalty for tampering with register mark: (1)Whoever removes, alters, defaces, renders invisible or otherwise tampers with the register number marked on a boiler in accordance with the provisions of this Act or any Act repealed hereby, (2)Whoever fraudulently marks upon a boiler a register number which has not been allotted to it under this Act or any Act repealed hereby

Any regulation or rule made under section 28 or section 29 may direct that a person contravening such regulation or rule shall be liable

To apply for Registration and Licence along with prescribed fee at least fifteen days before the premises are occupied and used as a factory.

Any building shall be extended as part of a factory only after the outline in Form 1(a) has been approved by the Chief Factory Inspector

Licence under the Act by the contractor or establishment where the Act applies.

Registration tinder the Act by the principal employer of any establishment or factory where the Act applies

Registration under the Act must be done by the principal employer within 60 days of commencement of work.

Registration under the Act by the principal employer of any establishment or factory where the Act applies

Every establishment to which this Act applies shall be registered in accordance with the provision of this section

a) taps, makes or causes to be made any connection with overhead, underground or under water lines or cables, or service wires, or service facilities of a licensee or supplier or (b) tampers a meter, installs or uses a tampered meter, current reversing transformer, loop connection or any other device or method which interferes with accurate or proper registration, calibration or metering of electric current or otherwise results in a manner whereby electricity is stolen or wasted or (c) damages or destroys an electric meter, apparatus, equipment, or wire or causes or allows any of them to be so damaged or destroyed as to interfere with the proper or accurate metering of electricity, (d) uses electricity through a tampered meter or (e) uses electricity for the purpose other than for which the usage of electricity was authorised, to abstract or consume or use electricity shall be punishable with imprisonment for a term which may extend to three years or with fine or with both

a) taps, makes or causes to be made any connection with overhead, underground or under water lines or cables, or service wires, or service facilities of a licensee or supplier or (b) tampers a meter, installs or uses a tampered meter, current reversing transformer, loop connection or any other device or method which interferes with accurate or proper registration, calibration or metering of electric current or otherwise results in a manner whereby electricity is stolen or wasted or (c) damages or destroys an electric meter, apparatus, equipment, or wire or causes or allows any of them to be so damaged or destroyed as to interfere with the proper or accurate metering of electricity, (d) uses electricity through a tampered meter or (e) uses electricity for the purpose other than for which the usage of electricity was authorised, to abstract or consume or use electricity shall be punishable with imprisonment for a term which may extend to three years or with fine or with both.

Whoever fails to comply with any order or direction given under this Act within such time as may be specified in the said order or direction or any of the provisions of this Act or any rules or regulations made thereunder violates or attempts to violate or abets, it shall be punishable in respect of each offense with imprisonment for a term which may extend to three months, or with fine which may extend to one lakh rupees, or with both, and for continued failure shall be punishable with an additional fine which may extend to five thousand rupees for each day during which such failure continues after the first conviction of such offense (Provided that nothing contained in this section shall be subject to the provisions of section 121) (shall not apply to the orders, instructions or directives issued under)

Whoever fails to comply with any order or direction given under this Act within such time as may be specified in the said order or direction or any of the provisions of this Act or any rules or regulations made thereunder violates or attempts to violate or abets, it shall be punishable in respect of each offense with imprisonment for a term which may extend to three months, or with fine which may extend to one lakh rupees, or with both, and for continued failure shall be punishable with an additional fine which may extend to five thousand rupees for each day during which such failure continues after the first conviction of such offense (Provided that nothing contained in this section shall be subject to the provisions of section 121) (shall not apply to the orders, instructions or directives issued under)

Prohibition on manufacture, repair or sale of weight or measure with Prohibition on manufacture, repair or sale of weight or measure without licence.(1) No person shall manufacture, repair or sell, or offer, expose or possess for repair or sale, any weight or measure unless he holds a licence issued by the Controller under sub-section (2): Provided that no licence to repair shall be required by a manufacturer for repair of his own weight or measure in a State other than the State of manufacture of the same. (2) For the purpose of sub-section (1), the Controller shall issue a licence in such form and manner, on such conditions, for such period and such area of jurisdiction and on payment of such fee as may be prescribed. out licence.(1) No person shall manufacture, repair or sell, or offer, expose or possess for repair or sale, any weight or measure unless he holds a licence issued by the Controller under sub-section (2)

Every manufacturer or repairer of, or dealer in weight or measure shall make an application for the renewal of a licence within thirty days before the expiry of validity of the licence to the Controller Legal Metrology or such other officer as may be authorized by him in this behalf, in the appropriate Form set out in Schedule II-B.Will be punishable with fine, which may extend to five thousand rupeesBreach of Act or Rule

Verification and stamping of weight or measure.(1) Every person having any weight or measure in his possession, custody or control in circumstances indicating that such weight or measure is being, or is intended or is likely to be, used by him in any transaction or for protection, shall, before putting such weight or measure into such use, have such weight or measure verified at such place and during such hours as the Controller may, by general or special order, specify in this behalf, on payment of such fees as may be prescribed. (2) The Central Government may prescribe the kinds of weights and measures for which the verification is to be done through the Government approved Test Centre. (3) The Government approved Test Centre shall be notified by the Central Government or the State Government, as the case may be, in such manner, on such terms and conditions and on payment of such fee as may be prescribed. (4) The Government approved Test Centre shall appoint or engage persons having such qualifications and experience and collect such fee on such terms and conditions for the verification of weights and measures specified under sub-section (2) as may be prescribed.

41 Failure to comply with directions under sub-section (2) or sub-section (3) of section 20, or orders issued under clause (c) of sub-section (1) of section 32 or directions issued under sub-section (2) of section 33 or section 33A.(1) Whoever fails to comply with the direction given under sub-section (2) or sub-section (3) of section 20 within such time as may be specified in the direction shall, on conviction, 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 in case the failure continues, with an additional fine which may extend to five thousand rupees for every day during which such failure continues after the conviction for the first such failure. (2) Whoever fails to comply with any order issued under clause (c) of sub-section (1) of section 32 or any direction issued by a court under sub

42. Penalty for certain Acts.(1) Whoever (a) destroys, pulls down, removes, injures or defaces any pillar, post or stake fixed in the ground or any notice or other matter put up, inscribed or placed, by or under the authority of the Board, or (b) obstructs any person acting under the orders or directions of the Board from exercising his powers and performing his functions under this Act, or (c) damages any works or property belonging to the Board, or (d) fails to furnish to any officer or other employee of the Board any information required by him for the purpose of this Act, or (e) fails to intimate the occurrence of any accident or other unforeseen act or event under section 31 to the Board and other authorities or agencies as required by that section, or (f) in giving any information which he is required to give under this Act, knowingly or wilfully makes a statement which is false in any material, or (g) for the purpose of obtaining any consent under section 25 or section 26, knowingly or wilfully makes a statement which is false in any material particular

43. Penalty for contravention of provisions of section 24. Whoever contravenes the provisions of section 24 shall be punishable with imprisonment for a term which shall not be less than 2 one year and six months but which may extend to six years and with fine.

44. Penalty for contravention of section 25 or section 26.Whoever contravenes the provisions of section 25 or section 26 shall be punishable with imprisonment for a term which shall not be less than 2 one year and six months but which may extend to six years and with fine.

45. Enhanced penalty after previous conviction.If any person who has been convicted of any offence under section 24 or section 25 or section 26 is again found guilty of an offence involving a contravention of the same provision, he shall, on the second and on every subsequent conviction, be punishable with imprisonment for a term which shall not be less than 2 two years but which may extend to seven years and with fine: Provided that for the purpose of this section no cognizance shall be taken of any conviction made more than two years before the commission of the offence which is being punished.

Act.Whoever contravenes any of the provisions of this Act or fails to comply with any order or direction given under this Act, for which no penalty has been elsewhere provided in this Act, shall be punishable with imprisonment which may extend to three months or with fine which may extend to ten thousand rupees or with both, and in the case of a continuing contravention or failure, with an additional fine which may extend to five thousand rupees for every day during which such contravention or failure continues after conviction for the first such contravention or failure.

Cognizance of offences (1) No court shall take cognizance of any offence under this Act except on a complaint made by (a) a Board or any officer authorised in this behalf by it or (b) any person who has given notice of not less than sixty days, in the manner prescribed, of the alleged offence and of his intention to make a complaint, to the Board or officer authorised as aforesaid, and no court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under this Act. (2) Where a complaint has been made under clause (b) of sub-section (1), the Board shall, on demand by such person, make available the relevant reports in its possession to that person: Provided that the Board may refuse to make any such report available to such person if the same is, in its opinion, against the public interest.

Failure to comply with the provisions of section 21 or section 22 or with the directions issued under section 31A.

Failure to comply with the provisions of section 21 or section 22 or with the directions issued under section 31A.

Penalty for contravention of certain provisions of the Act.

Liability of occupier, importer or exporter and operator of a disposal facility.

Liability of manufacturer, producer, importer, transporter, refurbisher, dismantler and recycler.- (1) The manufacturer, producer, importer, transporter, refurbisher, dismantler and recycler shall be liable for all damages caused to the environment or third party due to improper handling and management of the e-waste (2) The manufacturer, producer, importer, transporter, refurbisher, dismantler and recycler shall be liable to pay financial penalties as levied under the provisions of the Environment (Protection) Act, 1986 and rules made thereunder for any violation of the provisions under these rules by the State Pollution Control Board with the prior approval of the Central Pollution Control Board.

Liability of manufacturer, producer, importer, transporter, refurbisher, dismantler and recycler.- (1) The manufacturer, producer, importer, transporter, refurbisher, dismantler and recycler shall be liable for all damages caused to the environment or third party due to improper handling and management of the e-waste (2) The manufacturer, producer, importer, transporter, refurbisher, dismantler and recycler shall be liable to pay financial penalties as levied under the provisions of the Environment (Protection) Act, 1986 and rules made thereunder for any violation of the provisions under these rules by the State Pollution Control Board with the prior approval of the Central Pollution Control Board

Liability of the occupier, operator of a facility.-(1) The occupier or an operator of a common bio-medical waste treatment facility shall be liable for all the damages caused to the environment or the public due to improper handling of bio- medical wastes. (2) The occupier or operator of common bio-medical waste treatment facility shall be liable for action under section 5 and section 15 of the Act, in case of any violation

Action on violations and imposition of Environmental Compensation. (1) Environmental Compensation shall also be levied for the following activities based on polluter pays principle, i. entities carrying out activities without registration as mandated under these rules ii. providing false information / wilful concealment of material facts by the entities registered under these rules iii. submission of forged/manipulated documents by the entities registered under these rules iv. entities engaged in collection, segregation, and treatment in respect to not following sound handling of Waste Battery. (2) These activities, may also be dealt with under the provisions of section 15 of the Environment (Protection) Act, 1986, in case of evasion or violation either by entity itself or help abet any obligated entity evade or violate obligations, after giving an opportunity of being heard. (3) Committee for Implementation constituted by Central Pollution Control Board under rule 15 shall prepare and recommend guidelines for imposition and collection of Environmental Compensation from producers and entities involved in refurbishment and recycling of Waste Battery, in case of non-fulfilment of obligations under these rules