Pune: Illegal construction, operating a business without a licence and unauthorised digging of public land within cantonments of the country will now attract civil penalties as the Centre’s ‘Jan Vishwas’ amendments to the Cantonments Act, 2006, come into force.The revised provisions, also applicable to Pune and Khadki cantonments, mark a shift from criminal prosecution to a civil penalty-based enforcement mechanism for violations.But civic activists in Pune region said long-standing financial and civic problems faced by cantonment boards and residents should’ve been addressed first before tightening enforcement. “This is really of no use to citizens,” said Camp resident and area activist Murtuza Poonawala. “Why couldn’t defence ministry first fix quality of services being extended to residents by the cantonment boards before amending the Act?Under amended provisions, illegal construction can now attract a penalty of up to Rs 50,000 for the first violation and up to Rs 1 lakh for a subsequent one. Violators will also have to bear cost of sealing and demolition of the unauthorised structure.Officials from Pune Cantonment Board (PCB) said the penalty should not be viewed as a way to regularise illegal construction. Payment of the civil penalty will not protect an unauthorised structure from sealing or demolition, one official said.The amendments have also changed the enforcement mechanism against commercial establishments found operating without the required licence. “Under the revised Section 281, a person carrying on a trade, calling or occupation for which a licence is required, without obtaining such licence, or continuing the activity while the licence is suspended or cancelled, will be liable to a penalty of up to Rs 5,000. In the case of a continuing violation, an additional penalty of up to Rs 500 for every day after the first day can be imposed,” PCB CEO Vidyadhar Pawar told TOI.This provision is expected to affect several hundred small shops and commercial establishments that operate in areas that have frequently reported issues such as bad roads, poor sanitation and parking problems, deficiencies the cantonment boards have been unable to fix due to a shortage of funds. Activists demanded the release of pending GST-related funds to cantonment boards, arguing the cash could ease some financial pressure.“We’ve begged govt to share GST earnings but efforts were in vain. The amendments are against interests of citizens because the defence ministry and cantonments do not have the moral right to punish citizens when people are not receiving basic services,” said Santosh Kawade, a resident of Ghorpadi, within PCB limits.—What residents of cantonments need to knowCantonment board CEO has been designated as the adjudicating authority under specified provisions.The person concerned must be given a reasonable opportunity to be heard before a penalty is imposed.A person aggrieved by a penalty order can appeal to the president of the cantonment board within 30 days.The appellate authority is required to dispose of the appeal within 60 days.If the penalty upheld on appeal is not paid within 15 days, a fine of up to twice the penalty imposed may follow.The penalty is civil in nature and does not amount to a criminal conviction or criminal proceeding.
