Law and statutory body
Jan Vishwas (Amendment of Provisions) Act and Clinical Establishments Act, 2010
GS2 Governance, laws and regulationGS3 Ease of doing businessPrelims and Mains
- Why in news
- On 22 June 2026 the Health Ministry notified amendments to the Clinical Establishments Act, 2010 under the Jan Vishwas (Amendment of Provisions) Act, 2026; the ministry announced this on 25 June 2026.
- What it is
- The Legal Metrology Act, 2009 regulates weights, measures and packaged commodities to protect consumers and ensure fair trade. It requires registration, model approval and standard units, and penalises violations. The Jan Vishwas approach amends many Central Acts together to decriminalise or soften minor, procedural offences and promote ease of doing business.
- Mechanism
- A Legal Metrology Officer can issue an Improvement Notice that names the deficiency and gives reasonable time to rectify it.
- Legal route
- The notice was brought in through the Jan Vishwas (Amendment of Provisions) Act, 2026, which amends the Legal Metrology Act, 2009.
- Who it covers
- It applies to manufacturers, importers, packers, dealers, repairers, traders, MSMEs and other regulated entities.
- Limits
- Fraud, repeated violations and tampering still face strict action, and the notice covers only specified first-time procedural lapses.
- Failure to comply
- Not complying with the notice, or repeating the lapse, still attracts action under the Act.
- Drugs and Cosmetics Act, Section 29
- The penalty of up to ₹1 lakh for using a Government Analyst's report in advertising a drug or cosmetic has been omitted.
- Section 28A
- Violations of procedural duties, such as keeping records and submitting information, now attract administrative penalties.
- Low-risk cosmetics
- Minor quality lapses and labelling errors in low-risk cosmetics fall under an administrative penalty framework. Spurious or adulterated cosmetics still face strict penal provisions.
- Adjudication and appeal
- Provisions for Adjudicating Authorities and an Appeal Mechanism have been introduced to dispose of such cases.
- Food Safety and Standards Act, 2006
- Interfering with seized items now carries up to three months' imprisonment instead of six.
- Obstructing a Food Safety Officer
- This offence is omitted from the FSS Act because the Bharatiya Nyaya Sanhita already covers it.
- Notification date
- The amendments under the Clinical Establishments Act were notified on 22 June 2026.
- Scope of the Jan Vishwas Act, 2026
- It covers 79 Central Acts run by 23 Ministries and Departments.
- Health sector share
- 35 provisions across five Acts of the Health Ministry were amended.
- Fine to penalty
- In Sections 40, 43 and 46, 'fine' is replaced by 'penalty', shifting from criminal prosecution to administrative adjudication.
- Adjudicating authority
- The Section 41 adjudicating authority is strengthened and now covers proceedings under Sections 40, 43 and 44.
- Basis of reform
- The notification implements recommendations of the High-Level Committee on Regulatory Reforms.
- Scale of amendment
- 784 provisions in 79 Central Acts, administered by 23 Ministries, are amended.
- Split of changes
- 717 provisions are decriminalised for ease of doing business and 67 are amended for ease of living.
- Earlier law
- The Jan Vishwas (Amendment of Provisions) Act, 2023 was the first such law, amending 42 Central Acts.
- Scale of the 2026 Bill
- It amends 784 provisions of 79 Central Acts run by 23 Ministries.
- Jan Vishwas Act, 2023
- The first law in this series decriminalised 183 provisions in 42 Central Acts.
Don’t confuse with Improvement Notice vs penalty: The notice is a chance to correct a first-time procedural lapse before penal proceedings begin. It is not a waiver of the offence for repeat or fraudulent acts.
Don’t confuse with Legal Metrology Act, 2009 vs Consumer Protection Act, 2019: The first regulates standards of weights, measures and packaged goods. The second gives consumers remedies for defective goods, deficient services and unfair trade practices.
Don’t confuse with Decriminalisation vs. legalisation: Jan Vishwas replaces jail or court fines with administrative penalties for minor lapses. The acts are still violations. Serious offences stay criminal.
Don’t confuse with Drugs and Cosmetics Act, 1940 vs. Food Safety and Standards Act, 2006: The first governs the quality and sale of drugs and cosmetics. The second governs food safety and standards. Both were amended here.
Don’t confuse with Jan Vishwas Act 2023 vs 2026: The 2023 Act was the first round of decriminalisation; the 2026 Act is a later amendment covering 79 Central Acts.
Don’t confuse with Fine vs penalty: A fine is imposed by a court after criminal prosecution; a penalty here is imposed by an adjudicating authority after a hearing.
Don’t confuse with Jan Vishwas Act, 2023 vs Bill 2025 vs Bill 2026: 2023 Act: 183 provisions, 42 Acts. 2025 Bill: 355 provisions, 16 Acts, withdrawn. 2026 Bill: 784 provisions, 79 Acts.
Laws, judgments and statutory bodies: 30 Prelims questions since 2013 (what the law says, who chairs, legal basis). In Mains, 44 news-triggered questions, most in GS2, asking for provisions and challenges.
Why it matters
- Reduces compliance burden and litigation for honest businesses, especially MSMEs, supporting ease of doing business.
- Lets enforcement officers focus on deliberate and repeat violations that harm consumers.
- Reduces the compliance burden and the fear of prosecution for businesses, supporting ease of doing business.
- Separates technical lapses from serious public health offences, so enforcement is proportionate and courts are less burdened.
- Decriminalising procedural lapses eases doing business and reduces fear of prosecution for clinics and hospitals.
- Administrative adjudication with hearing and appeal reduces court burden and litigation.
- Reduces compliance burden and fear of prosecution for businesses and citizens.
- Supports trust-based governance and proportionate regulation.
- Frees courts and enforcement from minor cases, so they can focus on serious offences.
- Replaces jail terms for minor defaults with penalties, easing compliance and the business climate.
- Reduces litigation load on courts through adjudication and appeal mechanisms.
- Supports proportionate, trust-based regulation.
Problems
- Officers' discretion in deciding what is a genuine first-time lapse may cause inconsistency or misuse.
- Weaker deterrence could let some traders treat violations as costless until noticed.
- Administrative penalties may weaken deterrence if adjudicators are weak or penalties are low.
- Adjudicating authorities and appeal bodies need capacity and independence to avoid delays and arbitrariness.
- Weaker deterrence may hurt patient safety if penalties are too low or poorly enforced.
- Adjudicating authorities need capacity, independence and uniform implementation across States, many of which have not adopted the Act.
- Weaker deterrence where minor offences affect public safety, health or the environment.
- Penalties may be too low or poorly enforced, and states must amend their own laws too.
- Omnibus amendments across many Acts get limited scrutiny.
- Weaker penalties may reduce deterrence where offences affect safety, health or environment.
- Adjudicating Officers and Appellate Authorities need capacity and independence to avoid delays.
- Amending 79 Acts in one Bill may limit detailed scrutiny of each change.
Way forward
- Set clear rules and timelines for issuing notices, and keep a record to detect repeat offenders.
- Publish data on notices issued and complied with, and keep consumer complaint channels strong.
- Set up and staff adjudication and appeal bodies quickly, with published orders for transparency.
- Keep strict criminal penalties for spurious, adulterated and unsafe products, and monitor outcomes.
- Build adjudication capacity and publish penalty orders for transparency.
- Monitor outcomes on patient safety and quality, and review penalty levels periodically.
- Keep criminal liability for offences that cause real harm; use graded penalties.
- Extend reforms to State laws and review the Acts the Select Committee flagged.
- Build strong adjudication and appeal mechanisms for penalties.
- Keep criminal liability for offences that cause harm or are repeated, and graduate penalties by risk.
- Staff and train adjudicating and appellate bodies and set time limits.
- Review state laws too, since many compliance burdens arise there.
Put in your answer
Trust-based governance: The Department describes the reform as part of 'Minimum Government, Maximum Governance', shifting from punishment to facilitation without dropping enforcement.
Proportionate enforcement example: Minor cosmetic labelling errors get administrative penalties, while spurious or adulterated cosmetics stay criminal. This shows the trust-based yet safeguarded approach.
Avoiding duplication: Obstructing a Food Safety Officer was dropped from the FSS Act because the BNS already covers it.
Principle: Trust-based governance: replace criminal penalties for procedural lapses with proportionate administrative penalties, while preserving oversight.
Due process safeguards: The amendments provide hearing, penalty recovery and an appeal framework.
Jan Vishwas Act, 2023: It decriminalised 183 provisions in 42 Central Acts, the base for the current reform.
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UPSC’s own questions that come close to this issue, from our Prelims and Mains banks.
Prelims practice · Statements
Ours, not from a UPSC paper
Consider the following statements:
- 1.The Jan Vishwas (Amendment of Provisions) Act, 2026 rationalizes provisions across 79 Central Acts administered by 23 Ministries and Departments.
- 2.Under the amended Clinical Establishments Act, 2010, the term "fine" in Sections 40, 43 and 46 has been replaced with "penalty", shifting enforcement from criminal prosecution to administrative adjudication.
- 3.The adjudicating authority under Section 41 of the Clinical Establishments Act, 2010 now covers only proceedings under Section 46.
Which of the statements given above is/are correct?
True or false?
1 of 11
Statements the way Prelims prints them. Say first, then see the fact.
1.The Jan Vishwas (Amendment of Provisions) Act, 2026 amends provisions in 79 Central Acts administered by 23 Ministries and Departments.
True. 79 Central Acts, 23 Ministries and Departments.
2.Section 44 of the Clinical Establishments Act has been amended to provide graded and proportionate penalties for contraventions by companies.
True. Section 44 now has graded, proportionate penalties for companies.
3.The Jan Vishwas (Amendment of Provisions) Act, 2026 was published in the Official Gazette on 22 June 2026.
False. It was published on 8 April 2026; 22 June 2026 is when the Clinical Establishments amendments were notified.
4.Of the provisions amended, 717 have been decriminalised to promote Ease of Doing Business.
True. 717 decriminalised; 67 amended for Ease of Living.
5.The Bill was first introduced in the Rajya Sabha in August 2025.
False. It was introduced in the Lok Sabha on 18 August 2025.
6.The Select Committee on the Bill was chaired by Tejasvi Surya.
True. Tejasvi Surya chaired the Lok Sabha Select Committee.
7.The Jan Vishwas approach generally replaces imprisonment for minor offences with monetary penalties in several cases.
True. Minor procedural offences are decriminalised or softened, often via penalties.
8.The Select Committee recommended decriminalisation in 62 additional Central Acts.
True. It recommended decriminalisation across 62 additional Central Acts.
9.The Bill's amended Acts are administered by a single Ministry.
False. The Acts are administered by 23 Ministries.
10.The Jan Vishwas Act, 2023 decriminalised 183 provisions in 42 Central Acts.
True. 183 provisions, 42 Acts, 19 Ministries/Departments.
11.The 2025 Jan Vishwas Bill was passed by Parliament and the 2026 Bill is a separate follow-up law.
False. The 2025 Bill was withdrawn after the Select Committee report and replaced by the 2026 Bill.
Written by us from the release, not by UPSC; checked by a second model.
Worth revising until Prelims 2028: most news questions come within two years of the event.