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Meghalaya Decriminalisation (Amendment of Provisions and Repealing) Act, 2025 (Meghalaya Act No. 14 of 2025)

صدر في 2025-10-02 · النص بتاريخ 2026-10-01

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عن هذا القانون

اللغة
English
النوع
قانون
الدولة
الهند · Meghalaya
الموضوعات
General
الكلمات المفتاحية
governance, offences/penalties

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  1. The Gazette of Meghalaya EXTRAORDINARY PUBLISHED BY AUTHORITY No. 162 Shillong, Thursday, October 2, 2025 10th Asvina, 1947 (S. E.) PART-IV GOVERNMENT OF MEGHALAYA LAW (B) DEPARTMENT ------- NOTIFICATION The 2nd October, 2025. No.LL(B).17/2025/173.–The Meghalaya Decriminalization (Amendment of Provisions and Repealing) Act (Act No. 14 of 2025) is hereby published for general information. MEGHALAYA ACT NO. 14 OF 2025 (As passed by the Meghalaya Legislative Assembly) Received the assent of the Governor on the 2 nd October, 2025. Published in the Gazette of Meghalaya Extra-Ordinary issue dated 2nd October, 2025. THE MEGHALAYA DECRIMINALIZATION (AMENDMENT OF PROVISIONS AND REPEALING) ACT, 2025 An Act to amend certain enactments for decriminalising and rationalising offences to further enhance trust- based governance for ease of living and doing business. Be it enacted by the Legislature of the State of Meghalaya in the Seventy-Sixth Year of the Republic of India, as follows:- PART-IV] THE GAZETTE OF MEGHALAYA (EXTRAORDINARY) OCTOBER 2, 2025 674 Short title and Commencement.- 1. (1) This Act may be called the Meghalaya Decriminalisation (Amendment of Provisions and Repealing) Act, 2025. (2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for amendments relating to different enactments mentioned in the Schedule. Amendment of certain 2. The enactments mentioned in column (4) of the Schedule are enactments. - hereby amended to the extent and in the manner mentioned in column (5) thereof. Savings. - 3. The amendment or repeal by this Act of any enactment shall not affect any other enactment in which the amended or repealed enactment has been applied, incorporated or referred to; and this Act shall not affect the validity, invalidity, effect or consequences of anything already done or suffered, or any right, title, obligation or liability already acquired, accrued or incurred or any remedy or proceeding in respect thereof, or any release or discharge of, or from any debt, penalty, obligation, liability, claim or demand, or any indemnity already granted, or the proof of any past act or thing; nor shall this Act affect any principle or rule of law, or established jurisdiction, form or course of pleading, practice or procedure, or existing usage, custom, privilege, restriction, exemption, office or appointment, notwithstanding that the same respectively may have been in any manner affirmed, or recognised or derived by, in or from any enactment hereby amended or repealed; nor shall the amendment or repeal by this Act of any enactment revive or restore any jurisdiction, office, custom, liability, right, title, privilege, restriction, exemption, usage, practice, procedure or other matter or thing not now existing or in force. Power to remove 4. (1) If any difficulty arises in giving effect to the provisions of difficulties.- different enactments mentioned in the Schedule as amended by this Act, the State Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of the enactments as amended by this Act, as appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of a period of two years from the date of commencement of this Act. (2) Every order made under sub-section (1) shall, as soon as may be after it is made, be laid before the State Legislature.

  2. D. LYNGDOH, Joint Secretary to the Govt. of Meghalaya, Law Department. PART-IV] THE GAZETTE OF MEGHALAYA (EXTRAORDINARY) OCTOBER 2, 2025 675 THE SCHEDULE (See section 2) SI. No. Year No. Short title Amendments (1) (2) (3) (4) (5) 1. 1971 8 The Meghalaya Repealed. Subsidiary Force, 1971 2. 1971 9 The Meghalaya Wild Repealed Animals and Birds Protection Act, 1971 3. 1976 14 The Meghalaya (A) For section 6, the following section shall be Intoxicating Liquor substituted, namely:— (Prohibition of “6. Penalty.- Any person who contravenes the Publication of provisions of Section 3 shall be liable to a penalty which Advertisements) Act, may extend to one lakh rupees.” 1976 (B) In section 9, in sub-section (1) for the words “five hundred” the words “ten thousand” shall be substituted. 4. 1980 15 The Meghalaya Public For section 10, in sub-section (1) the following shall be Premises (Eviction of substituted, namely:— Unauthorised Occupants) “ (1) If any person who has been evicted from Act, 1980 any public premises under this Act again occupied the premises without authority for such occupation, he shall be liable to a penalty which may extend to five thousand rupees and in the case of a continuing contravention, he shall be liable with imprisonment which may extend to one year or with a penalty which may extend to ten thousand rupees.” 5. 1988 7 The Meghalaya For section 9 the following section shall be substituted, Minerals Cess Act, namely:— 1988 “ 9. Penalty.-Whoever evades payment of the tax under this Act shall on conviction by a court be liable to a penalty which may extend to two lakhs rupees and in the case of continuing contravention, with an additional penalty of two thousand rupees for every day during which such contravention continues”. 6. 1992 4 The Meghalaya For section 11, the following section shall be substituted, Protection of namely:- Catchment Areas Act, “11. Penalties.-Whoever contravenes the 1990 provisions of section 9 or of section 10 shall for the first contravention be punishable with a penalty which may extend to five thousand rupees and in the case of continuing contravention, with a penalty of one thousand rupees for each day the contravention continues and for any subsequent contravention with a penalty which may extend to ten thousand rupees”.

  3. 7. 2002 5 The Meghalaya Repealed. (Mobile Phone Connection) Cess, Act, 2002 PART-IV] THE GAZETTE OF MEGHALAYA (EXTRAORDINARY) OCTOBER 2, 2025 676 (1) (2) (3) (4) (5) 8. 2018 12 The Meghalaya Regulation (A) In section 4, in sub-section (3) for the words “on of the Game of Arrow conviction before a magistrate to a fine” the words Shooting and the Sale of “to a penalty” shall be substituted. Teer Tickets Act, 2018 (B) For section 13 the following section shall be substituted, namely: — “13.Penalties. - Any breach of the conditions and restrictions imposed by this Act or as may be prescribed under the rules made thereunder shall result in levy of penalty which may extend to five lakh rupees for organizers and ten thousand rupees for bookmaker, subject to the condition that opportunity of being heard should be accorded to the licensee or permit holder”. (C) After the existing section 13 the following new sections 13A, 13B, and 13C shall be inserted, namely:- “13A. Adjudicating authority.—(1) The State Government, for the purpose of determining the amount of penalty, may by a notification, authorise the authority appointed under section 3 to be the adjudicating authority, to hold an inquiry and impose penalty, in the manner as may be prescribed. (2) The adjudicating authority may summon and enforce the attendance of any person acquainted with the facts and circumstances of the case to give evidence or to produce any document, which in the opinion of the adjudicating officer, may be useful for, or relevant to, the subject-matter of the inquiry and if, on such inquiry, he is satisfied that the person concerned has failed to comply with the provisions of sections 13, he may impose penalty: Provided that no such penalty shall be imposed without giving the person concerned a reasonable opportunity of being heard in the matter. 13B. Appeal.—(1)Whoever aggrieved by the order, passed by the adjudicating authority under section 13A or made by the Regulating Authority under sub-section (2) of Section 3 may prefer an appeal before the Secretary to the Government of Meghalaya within thirty days from the date of receipt of order in such manner as may be prescribed. (2) An appeal may be admitted after the expiry of the period of thirty days if the appellant satisfies the Secretary to the Government of Meghalaya that he had sufficient cause for not preferring the appeal within that period. (3) The Secretary to the Government of Meghalaya may, after giving the parties to the appeal an opportunity of being heard, pass such order as he may think fit. (4) The Secretary to the Government of Meghalaya shall dispose of the appeal within sixty days from the date of filing.

  4. PART-IV] THE GAZETTE OF MEGHALAYA (EXTRAORDINARY) OCTOBER 2, 2025 677 13C. Recovery.—Notwithstanding anything contained in this Act, if penalty imposed by the adjudicating authority under section 13A or by the order of the Secretary to the Government of Meghalaya under section 13B, as the case may be, is not deposited by the bookmaker or organizers, it shall result in cancellation of license or permit by the Government”. (D) Sub-section (3) of section 14 shall be omitted. (E) Section 15 shall be omitted. SHILLONG: Printed and Published by the Director, Printing and Stationery, Meghalaya, Shillong. (Extraordinary Gazette of Meghalaya) No. 323 - 680 + 50 – 2 – 10 - 2025. website:- http://megpns.gov.in/gazette/gazette.asp.

Meghalaya Decriminalisation (Amendment of Provisions and Repealing) Act, 2025 (Meghalaya Act No. 14 of 2025) · Nelum