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Gujarat Assembly passes Bill proposing to decriminalise several minor offences; giving free hand to violate rules, says Opposition

Kirit Patel said that on the one hand, the government is talking about making the laws stringent and on the other hand, they are talking about easing the same

minor offencesAAP MLA, Gopal Italia, too, opposed the Bill while saying that its provisions will not survive on the anvil of Constitutional provisions (Archive)

To facilitate Ease of Living and Ease of Doing Business, and to reduce burden on courts, Gujarat Assembly Tuesday passed a Bill proposing decriminalisation of a number of minor offences, replacing them with monetary penalties in as many as 11 legislations of six departments of the state government. The Bill was passed by a majority vote even as opposition Congress and Aam Aadmi Party (AAP) opposed it.

The Bill was presented by Industries Minister Balvantsinh Rajput.

Citing its objects, the Bill read, “The corner stone of democratic governance lies in the Government trusting its own people and institutions. A web of outdated rules and regulations causes trust deficit. It is, therefore, necessary to redefine the regulatory landscape of the laws under the Ease of Living and Ease of Doing Business reforms.”

It added, “Reducing compliance burden gives impetus to business process reengineering and improves Ease of living of people and, for that purpose, State government is keen to take series of measures such as simplifying, digitising and rationalising compliances to achieve these goals. The state of Gujarat has been a preferred global investment destination since many years by boosting investor confidence.”

It said, “The fear of imprisonment for minor offences is a major factor hampering the growth of the business ecosystem and individual confidence. The government is, therefore, considering decriminalisation of a number of minor offences by replacing them with monetary penalties. By taking such measures, the Government is striving hard to make lives and businesses easier and reduce the burden on courts.”
Rajput said that the state government has brought the Bill after studying Central government’s Jan Vishwas (Amendment of Provisions) Act, 2023 and the recently introduced Jan Vishwas (Amendment of Provisions) Bill, 2025. It proposes to amend 11 laws of six departments of the state government: Urban Development and Urban Housing; Labour and Employment; Narmada, Water Resources, Water Supply and Kalpsar; Industry and Mines; Agriculture, Farmers’ Welfare and Cooperation; and Finance, he added. Rajput said that the Bill has been presented to decriminalise 516 provisions.

“In this Bill, through proposed amendments, provisions have been decriminalised for minor mistakes by, wherever possible, removing legal punishment. Fines have been replaced by penalties,” Rajput said.

According to Rajput, in one provision, the punishment of imprisonment has been removed, in 17 provisions, the punishment of imprisonment or fine have been replaced by penalty and in 498 provisions, fines have been replaced by penalties. “However, in maximum provisions, the amount of penalty has been increased,” he said.

“There are no major changes to the rules, but it (the Bill) is an attempt to strengthen the trust between people and the government,” he added.

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The minister said that similar Jan Vishwas legislations have also been brought by other states of the country like Madhya Pradesh, Chhattisgarh and Tripura. States like Maharashtra, Karnataka, Haryana and Arunachal Pradesh are also considering bringing similar legislation.

According to Rajput, the Bill will ease compliance, reduce the judiciary’s burden, enhance judicial efficiency and promote trust-based governance while allowing businesses to operate with confidence, free from the fear of jail or heavy fines for small mistakes.

A number of members of the ruling BJP, such as Mahesh Kaswala, C J Chavda, Keshaji Chauhan, and Ganpat Vasava, spoke in support of the Bill.

However, members from the opposition, including Kirit Patel of Congress and Hemant Ahir and Gopal Italia from the AAP, opposed the Bill.

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Kirit Patel said that on the one hand, the government is talking about making the laws stringent and on the other hand, they are talking about easing the same.

Stating that people should have fear of the law, he said that the proposed amendments will give them a free hand to violate the rules.

He further said, “By imposing penalty for a criminal act, encouragement is being provided to those who are committing wrong, who are violating the law.”

‘Could benefit scamsters’

AAP MLA Hemant Ahir said the Bill’s provisions could benefit scamsters.

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Ahir said that as per an amendment in the Gujarat Cooperative Act, if a responsible person of the cooperative loses register, he will be charged a penalty of Rs 25,000.

“If you call it a minor mistake and let it go, it can cause a lot of harm to thousands of farmers,” Ahir said.

Another AAP MLA, Gopal Italia, too, opposed the Bill while saying that its provisions will not survive on the anvil of Constitutional provisions.

“This entire Bill is to facilitate criminals,” Italia said.

“A person who has committed a wrong intentionally must not be let go of with a penalty. He must be punished,” Italia said.

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He said the Bill does not have any provision for appeal and gives wide powers to an official appointed by the government.

Italia suggested that the Bill should be sent to a select committee for review before its passage.

In his reply, minister Rajput said that nobody will be let off for any mistake of serious nature. “I assure you all that this Gujarat government, as per the way paved by (Prime Minister) Narendrabhai Modi, no corrupt person will be allowed to get away. It is certain that he will be given the most stringent punishment,” Rajput said.

The Bill was eventually passed by a majority vote.

The legislations that the Gujarat Jan Vishwas (Amendment of Provisions) Bill, 2025, proposes to amend include the Gujarat Co-operative Societies Act, 1961; the Gujarat Agricultural Produce and Marketing (Promotion and Facilitation) Act, 1963; the Gujarat Town Planning and Urban Development Act, 1976; the Gujarat Municipalities Act, 1963; the Gujarat Provincial Municipal Corporations Act, 1949; the Gujarat Industrial Development Act, 1962; the Gujarat Domestic Water Supply (Protection) Act, 2019; the Gujarat Labour Welfare Fund Act, 1953; the Gujarat Industrial Relations Act, 1946; the Gujarat Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2019, and the Gujarat Electricity Duty Act, 1958.

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