Section 31 in Jodhpur Development Authority Act, 2009
31. Penalty for unauthorised development for use otherwise than in conformity with the Plan.
(1)Any person who, whether at his own instance or at the instance of any other person commences, undertakes or carries out development or institutes, or changes the use of any land: -(a)without permission required under this Act; or(b)which is not in accordance with any permission granted or contravention of any condition subject to which such permission has been granted; or(c)after the permission for development has been duly revoked; or(d)in contravention of any permission which has been duly modified; shall on conviction, be punished [with simple imprisonment which shall not be less than fifteen days but which may extend to forty five days or with fine which shall not be less than twenty five thousand rupees] [Substituted 'with fine which may extend to five thousand rupees' by Rajasthan Act No. 17 of 2010, dated 13.9.2009.], and in the case of a continuing offence with a further fine which may extend to [five hundred] [Substituted 'one hundred' by Rajasthan Act No. 17 of 2010, dated 13.9.2009.] rupees for every day during which the offence continues after conviction for first commission of the offence:[Provided that the court may for any adequate and special reasons to be mentioned in the judgment impose a sentence of imprisonment for a term of less than fifteen days.] [Added by Rajasthan Act No. 17 of 2010, dated 13.9.2009.](2)Any person who continues to use or allows the use of any land or building in contravention of the provisions of a Plan without being allowed to do so under section 17 or where the continuance of such use has been allowed under that section continues such use after the period for which the use has been allowed or without complying with the terms and conditions under which the continuance of such use, is allowed, shall, on conviction be punished [with simple imprisonment which shall not be less than fifteen days but which may extend to forty five days or with fine which shall not be less than twenty five thousand rupees] [Substituted 'with fine which may extend to five thousand rupees' by Rajasthan Act No. 17 of 2010, dated 13.9.2009.]; and in the case of a continuing offence, with a further fine which may extend to [one thousand] [Substituted 'five hundred' by Rajasthan Act No. 17 of 2010, dated 13.9.2009.] rupees for every day during which such offence continues after conviction for the first commission of the offence:[Provided that the court may for any adequate and special reasons to be mentioned in the judgment impose a sentence of imprisonment for a term of less than fifteen days.] [Added by Rajasthan Act No. 17 of 2010, dated 13.9.2009.]
