The Jan Vishwas (Amendment of Provisions) Act, 2023, was passed in Lok Sabha on 27th June 2023, Rajya Sabha on 2nd August 2023 and received President’s assent on 11th August 2023. The Act amends a total of 183 amendments across 42 Acts administered by 19 Ministries to reduce the compliance burden on individuals and businesses with the twin objectives of ease of doing business and ease of living for the citizens. The Act proposes a number of changes to the existing laws, including but not limited to: (a) decriminalizing various offences; (b) revision of various fines and penalties; (c) appointment of Adjudicating Officers; (d) establishment of Appellate Authorities; and (e) increase in the fines and penalties periodically. The Act offers scope and horizon to identify areas for reforms and improve the local business environment as well as easing the lives of individuals simultaneously.
The necessity
to introduce the Jan Vishwas (Amendment of Provisions) Bill as mentioned in the
Report of the Joint Committee on the Jan Vishwas (Amendment Of Provisions) Bill
2022 is to reduce the compliance burden. As trust is a prerequisite and fundamental
for democratic governance. The fear of imprisonment for minor offences is a
major factor hampering the growth of the business ecosystem and shattering the
confidence of entrepreneurs. The Jan Vishwas (Amendment of Provisions) Act, 2023,
as introduced, has endeavoured to identify a large number of offences of minor
nature and decriminalize them with monetary penalties. The endeavour is not
only to make lives and businesses easier but also to reduce judicial burden.
Moreover, as
per the Jan Vishwas (Amendment of Provisions) Act, 2023, the Government of
India may appoint one or more adjudicating officers for the purpose of
determining penalties. The adjudicating officers may summon individuals for
evidence and conduct inquiries into violations of the respective Acts. For
instance, the Agricultural Produce (Grading and Marking) Act, 1937, the Air
(Prevention and Control of Pollution) Act, 1981, the Environment (Protection)
Act, 1986, and the Public Liability Insurance Act, 1991 are the Acts among
others which provide for the appointment of Adjudicating Officer.
The Jan Vishwas
(Amendment of Provisions) Act, 2023 also specifies the appellate mechanisms for
persons, aggrieved by an order passed by an adjudicating officer/authority. For
instance, under the Cinematograph Act, 1952, the provision to prefer appeal has
been provided. Similarly, under the Merchant Shipping Act, 1958, provision to
prefer appeal before the Director General within 30 days has been provided.
Under the Air (Prevention and Control of Pollution) Act, 1981 and the
Environment (Protection) Act, 1986, appeals may be preferred to the National
Green Tribunal within sixty days from the date of order.
This Article has been Compiled by Ayushi Misra (Senior Associate) and Arun Gupta (Managing Partner).
You can direct your queries or comments to the author at info@factumlegal.com
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The contents of this article should not be construed as legal opinion. This article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances. We expressly disclaim any financial or other responsibility arising due to any action taken by any person on the basis of this article.
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