Section 333A — Adjudication of penalties.

¹[333A. Adjudication of penalties.---(1) Any penalty under sections 81, 82, 88, 116, 143, 145, 155, 166, 174, 197, 244, 247, 259, 263, 269, 271, 272, 276, 281, 282, 283, 284, 289, 290, 291, 295, 313, 333 and sub-section (2) of section 296 of this Act or any bye-laws made thereunder, shall be imposed by an order issued by the Chief Executive Officer:

Provided that no such penalty shall be imposed without giving the person concerned a reasonable opportunity of being heard.

(2) Notwithstanding anything contained in any other law for the time being in force, for the purposes of this Act, and for any bye-laws made or amended under this Act as amended by the Jan Vishwas (Amendment of Provisions) Act, 2026, the word penalty, unless the context otherwise requires, shall mean a cost of civil nature imposed by Chief Executive Officer, for commission or non-commission of an act prohibited or prescribed by this Act and it shall not be considered a conviction, and the imposition of a fixed penalty shall not be considered criminal proceedings.

(3) Where there is no fine or imprisonment prescribed against a contravention in this Act, the same shall be treated as a civil offence, and no criminal proceedings under this Act shall be initiated in the first instance against the said contravention:

Provided that nothing contained herein shall preclude or adversely affect the right of the Chief Executive Officer to initiate a criminal proceeding against the offender under any other law for the time being in force in case the penalty is not paid with in time by the offender.

(4) Every penalty imposed shall be paid within thirty days of the notice issued by the Chief Executive Officer and whoever fails to pay the penalty within the time prescribed or does not file an appeal against such penalty, shall, in addition to any other liability under any law for the time being in force, also be liable to be punished with a fine may extend up to twice the amount of the penalty imposed.

(5) Any person aggrieved by an order of the adjudicating officer under sub-section (1) may, prefer an appeal to the President Cantonment Board as an appellate authority.

(6) Every appeal under sub-section (5) shall be filed within thirty days from the date of receipt of the notice of the penalty.

(7) The appellate authority may, after giving the appellant an opportunity of being heard, pass such summary order confirming, modifying or setting aside the penalty.

(8) The appellate authority shall dispose of the appeal within a period of sixty days from the date of its filing.

(9) In the event of non-payment of penalty amount upheld by the appellate authority within a period of fifteen days of receipt of the order of the appellate authority, the notice shall be liable to be punished with a fine which may extend to twice the penalty imposed.]