Categories: INDIA

Relief for drivers: No jail time for first-time pollution, road safety violations

Government proposes abolition of imprisonment

NEW DELHI: In a bid to provide reprieve for first-time offenders, the government has proposed waiving jail terms of up to three months for driving vehicles in violation of prescribed road safety and air and noise pollution norms.As part of 784 sections of 79 central laws that will be amended through the Jan Vishwas Bill, the government proposes that driving a vehicle in violation of road safety or air pollution control norms (currently punishable with up to three months’ imprisonment or fine of Rs 10,000 and disqualification from holding a Driving License (DL) for six months) will be punished with a fine of Rs 100. First offense fined $10,000 and disqualification from DL detention for three months. However, subsequent offenses will result in a jail term of up to six months and a fine of up to Rs 10,000.For offenses related to noise pollution, the bill proposes to issue a warning to first-time offenders, while repeat offenders will be liable to a fine of up to Rs 10,000.Likewise, failure to comply with orders or violation of provisions of the Electricity Act or Rules is currently punishable with three months’ imprisonment and a fine of Rs 1 lakh, but it is proposed to change this to a fine of Rs 10,000 to Rs 10,000.Compounding is an option for a one-time settlement, seeking enforcement in cases of first-time theft of electricity or interference with the licensee’s meters or works and willful damage to the works.Further, in a bid to bring relief to homebuyers, the bill proposes to do away with the existing provision of imprisonment of up to one year for allottees who fail to comply with the orders of the Real Estate Appellate Tribunal. It is proposed that the allocator’s penalty be increased to 10% of the property cost.In another move to decriminalize unauthorized hawking on trains, the government has proposed amending part of the Railways Act to change the jail term of up to one year and a fine of Rs 1,000-2,000 to a fine of up to Rs 2,000.

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