Preamble
Andhra Pradesh Excise (Amendment) Act, 20001
| [Andhra Pradesh Act No. 11 of 2000] | [27th April, 2000] |
An Act Further to Amend the Andhra Pradesh Excise Act, 1968
Be it enacted fay the Legislative Assembly of the State of Andhra Pradesh in the Fifty-first Year of the Republic of India as follows:-
SOR Statement of Objects and Reasons
STATEMENT OF OBJECTS AND REASONS
The State Government have been issuing licenses under sections 13 and 16 of the Andhra Pradesh Excise Act, 1968 for all types of Distilleries Irrespective of the purpose for which the Rectified Spirit produced by them is put to use i.e., for Industrial Purpose or Potable purpose or far bath. The Hon'ble Supreme Court of India by an order dated 29-1-1997 in W.P. No. 322/96 in H/s Bihar Distilecies and others has held that:-
(i) in the matter of industries where the manufacture of Rectified Spirit is exclusive for the purpose of obtaining or manufacture potable liquors, such industries shall be under the total and exclusive control of the States in all respects;
(ii) in the natter of industries where the manufacture of Rectified spirit is for both Industrial and potable purposes permission to establish and regulate the functioning of distilleries shall be the exclusive domain of the Union;
(iii) however, even in regard to industries where the entire Rectified spirit is supplied for industrial purposes or both for industrial and potable purpose, the pother of the States to take necessary steps to ensure against mis-use or diversion of rectified Spirit meant for industrial purposes both during and after non facture of Rectified Spirit continues unaffected.
In view of the said observation of the Apex Court, the Government have decided to amend sections 13 and 16 of the Andhra Pradesh Excise Act, 1968 so as to restricting the power to grant licenses to those industries manufaclearing Rectified Spirit for potable purpose and ??? the Government or officials of Prohibition and Excise Department to regulate all the industries manufacturing the Rectified Spirit for potable purpose, or Industrial purpose or for both so as to avoid the itierase or diversion of the Rectified spirit meant for Industlal purpose to be used for potable purpose.
Whereas the Andhra Pradesh Excise (Amendnent) Bill, 1999 has been introduced in the Legislative Assembly of the State did 26th November, 1998 as L.A. Bill No. 36 of 1998, the same has lapsed due to dissolution of the tenth legislative Assembly.
This Bill seeks to give effect to the above decision.
Section 1. Short title
1. Short title.- This Act may be called the Andhra Pradesh Excise (Amendment) Act, 2000.
Section 2. Amendment of section 13
2. Amendment of section 13.- In the Andhra Pradesh Excise Act, 1968 Act 17 of 1968 (hereinafter referred to as the principal Act) in section 13, to sub-section (1) the following proviso shall he added; namely:-
"Provided that the provisions of this, sub-section, in so far as they relate to establishing, continuing or licensing a distillery shall apply only to those distilleries which manufacture spirits for potable purpose and regulatory provisions relating to regulation and supervision, shall be applicable to all distilleries.".
Section 3. Amendment of section 16
3. Amendment of section 16.- In section 16 of the principal Act after sub-section (3) the following proviso shall he added, namely:-
"Provided that the provisions of this section in so far as they relate to establishing, continuing or licensing a distillery shall apply only to those distilleries which manufacture spirits for potable purpose and other regulatory provisions relating to regulation and Supervision, shall be applicable to all distilleries.".