Punjab Excise (Himachal Pradesh Amendment) Act, 1995*
| [Himachal Pradesh Act No. 8 of 1995]* | [22nd June, 1995] |
further to amend the Punjab Excise Act, 1914 (Punjab Act No. 1 of 1914) as in force in the areas to Himachal Pradesh section 5 of the Punjab Re-organisation Act, 1966, (31 of 1966); and as applied to the areas with comprised in Himachal pradesh ??? the 1st day of November, 1966, vide the Himachal Pradesh (Application of Laws) Order, 1948 and the Bilaspur (Application of Laws) Order, 1949.
Be it enacted by the Legislative Assembly of Himachal Pradesh in the Forty-sixth Year of the Republic of India as follows:-
* ??? by the Himachal Pradesh Vidhan Sabha. For Statement of Objects and ??? See RHP Extra dated 24-3-1995, p. 1152 and 1156.
* Received the assent of the Governor, Himachal Pradesh on the 22nd June, 1995 and was published in Hindi and English in R.H.P., Extra., dated 23-6-1995, p. 2568-2576 and 2571-2573
1. Short title.- This Act may be called the Punjab Excise (Himachal Pradesh Amendment) Act, 1995.
2. Insertion of section 26-A.- After section 26 of the Punjab Excise Act, 1914, (1 of 1914) as in force in the areas added to Himachal Pradesh under section 5 of the Punjab Re-organisation Act, 1966 (31 of 1966); and as applied to the areas which comprised in Himachal Pradesh immediately before the 1st day of November, 1966 (hereinafter called the principal Act); the following section 26-A, shall be inserted, namely:-
"26-A. Prohibition of sale etc. of adulterated liquor.-No licensed vendor and no person in the employ of such vendor or acting on his behalf shall adulterate any liquor, which the vendor is licenced to sell, in such a manner as to change the strength fixed and quality of such liquor and no such vendor or person shall possess, store, sell or expose tot sale, any such adulterated liquor."
3. Amendment of section 61.- In section 61 of the principal Act,-
(i) In sub-section (1),-
(a) for the words "five thousand", the words "two lakh" shall be substituted;
(b) in the’ proviso,-
(i) In part (i), for the words "one year" and "five thousand the words "three years" and "ono lakh" shall be respectively substituted;
(ii) in part (ii), for the words "six months" and "one thousand", the words "one year" and "fifty thousand" shall respectively be’ substituted;
(iii) in part (iii), for the words "three months", "five hundred", "six months" and "one thousand", the words "six months", "five thousand", "one year" and "ten thousand" shall respectively be substituted; and
(iv) in part (iv), for the words "six months" and "two thousand", the words "one year" and "twenty thousand" shall respectively be substituted; and
(ii) in sub-section (2), for the words "with imprisonment for a term which may extend to two years and fine which may extend to two thousand rupees", the signs ",-" shall be substituted and thereafter the following paras shall be added, namely:-
"(i) where such contravention relates to an offence specified in clauses, (a), (c) (d) and (e) with imprisonment for a term which shall not be less than six months but which may extend to two years and shall also be liable, to fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees; and
(ii) where such contravention relates to an offence specified in clause (b), with imprisonment for a term which may extend to five years and shall also be liable to fine which may extend to fifty thousand rupees"; and
(iii) after sub-section (2), the following sub-section shall be added, namely:-
"(3) Notwithstanding anything contained in sub-section (1), where any contravention relates to intoxicating drugs, such contravention shall be punishable under section 20 or section 27 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985) as the case may be.".
4. Amendment of section 63.- In section 63 of the principal Act, for the words "five thousand", the words "one lakh" shall be substituted.
5. Insertion of section 65-A.- After section 65 of the principal Act, the following section 65-A shall be inserted, namely:-
"65-A. Penalty for sale etc. of adulterated liquor by licencsee or his servants.-Notwithstanding anything contained in section 65 of this Act, if any licensed vendor, or any person in his employ or acting on his behalf, possesses, stores, sells, or exposes for sale any adulterated liquor in contravention of section 26-A of this Act, he shall be punishable with a fine which shall not be less than twenty-five thousand rupees but which may extend to one lakh rupees.".
6. Amendment of section 68-A.- In section 68-A of the principal Act-
(a) in the first proviso, the words "five thousand", the word "two lakh" shall be substituted; and
(b) for the second and the third provisos, the following provisos shall be substituted, namely;-
"Provided further that the enhanced punishment shall not in any way affect the minimum sentences prescribed for the offences specified in the proviso to sub-section (1) of section 61;
Provided further that where any contravention relates to intoxicating drugs, such contravention shall be punishable under section 31 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985)".
7. Amendment of section 72.- In section 72 of the principal Act, in the proviso, after the word and figures "section 61", but before the words "shall be", the words and figures "and the offences punishable under section 63" shall be inserted.
8. Amendment of section 80.- In section 80 of the principal Act, in sub-section (1),-
(a) after the word and figure "section 65", the signs, word, figure and letter, "section 65-A" shall be inserted; and
(b) at the end, the following proviso shall be added, namely:-
"Provided that in respect of the offence punishable under section 65-A, the Collector shall not accept from the accused person a sum of money by way of composition which is less than twenty-five thousand rupees."