Himachal pradesh act 003 of 1990 : Punjab Excise (Himachal Pradesh First Amendment) Act, 1989

Section 1. Short title

1. Short title.- This Act may be called the Punjab Excise (Himachal Pradesh First Amendment) Act, 1989.

Section 2. Amendment of section 3

2. Amendment of section 3.- In section 3 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) (hereinafter called the principal Act)-

(a) clause (4) shall be omitted and

(b) in item (iv) of clause (13) for the words and figures "the Dangerous Drugs Act, 1930 (2 of 1930)" the words and figures "the Dangerous Drugs and Psychotropic Substances Act, 1985 (61 and 1985)", shall be substituted.

Section 3. Amendment of section 7

3. Amendment of section 7.- In section 7 of the principal Act, for the words, signs and figures "the Sea Customs Act, 1878 (8 of 1878), the Cantonment Act, 1910 (15 of 1910), or the Indian Tariff Act, 1894 (8 of 1894)", words, signs and figures "the Custom;, Act, 1962 (52 of 1962), the Cantonment Act, 1924 (2 of 1924), or the Customs Tariff Act, 1975 (51 of 1975)." shall be substituted.

Section 4. Amendment of section 8

4. Amendment of section 8.- In clause (b) of section of 8 the principal Act-

(i) for the words "Commissioner" and "division", the words "Collector" and "district" shall respectively be substituted; and

(ii) clause (c) shall be omitted.

Section 5. Amendment of section 12

5. Amendment of section 12.- In section 12 of the principal Act, for the words, signs and figures "and of the Excise Commissioner shall extend to the territories specified in sub-section (1) of section 5 of the Punjab Re-organisation Act, 1966 (31 of 1966), the jurisdiction of Commissioners shall extend to their divisions", the words, signs and figures "shall extend to the territories specified in sub-section (1) of section 5 of the Punjab Re-organisation Act, 1966 (31 of 1966)" shall be substituted.

Section 6. Amendment of section 13

6. Amendment of section 13.- The words "or Commissioner" occurring in clause (a), and the sign and word, "Commissioner" occurring in clause (b) of section 13 of the principal Act shall be omitted.

Section 7. Substitution of section 15

7. Substitution of section 15.- For section 15 of the principal Act, the following shall be substituted, namely:-

"15. Revision.- (a) The Financial Commissioner may at any time revise any order passed by any Excise Officer subordinate to him.

(b) A Collector, may call for the record of any case pending before, or disposed of by, any Excise Officer subordinate to him and, if he is of opinion that the proceedings taken or order made should be modified or reversed, he shall report the case with his opinion thereon for the orders of the Financial Commissioner:

Provided that the Financial Commissioner shall not under this section pass an order revising or modifying any proceeding or order of a subordinate Excise Officer and affecting any person without giving such person an opportunity of being heard."

Section 8. Amendment of section 24

8. Amendment of section 24.- For sub-section (2) of section 24 of the principal Act, the following sub-section (2) shall be substituted, namely:-

"(2) Sub-section (1) shall not apply to any intoxicant in the possession of any Excise Officer, common earner or warehousemen as such."

Section 9. Amendment of section 26

9. Amendment of section 26.- The words and letter "except Part B States" occurring in sub-section (3) of section 26 of the principal Act, shall be omitted.

Section 10. Amendment of section 30

10. Amendment of section 30.- In section 30 of the principal Act,-

(a) for the existing marginal heading, the following shall be substituted, namely:-

"Prohibition of employment of children and of men under the age of twenty-one years and of women"; and

(b) for the words and figure "any man under the age of 25 years or any woman", the words "any man under the age of twenty-one years or any woman or any child" shall be substituted.

Section 11. Amendment of section 31

11. Amendment of section 31.- For the existing proviso to section 31 of the principal Act, the following shall be substituted, namely:-

"Provided that the duty shall not be so imposed on any article which has been imported into India and was liable on importation to duty under the Customs Tariff Act, 1975 (51 of 1975) or the Customs Act, 1962 (52 of 1962)."

Section 12. Amendment of section 36

12. Amendment of section 36.- In section 36 of the principal Act,-

(a) in clause (d), for the words, signs and figures "the Dangerous Drugs Act, 1930 (2 of 1930) or under the Merchandise Marks Act, 1889 (4 of 1889) the words, signs and figures "the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985) or under the Trade and Merchandise Marks Act, 1958, 43 of 1958)" shall be substituted; and

(b) in clause (e), for the words, sign and figures "clause (8) of section 167 of the Sea Customs Act, 1878 (8 of 1878)", the words, sign and figures "section 135 of the Customs Act, 1962 (52 of 1962)" shall be substituted.

Section 13. Amendment of section 37

13. Amendment of section 37.- In section 37 of the principal Act, for the words, sign and figure "the Opium Act, 1878 (I of 1987)", the words, sign and figure "the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985)", shall be substituted.

Section 14. Amendment of section 46

14. Amendment of section 46.- In sub-section (2) of section 46 of the principal Act, for the words, sign and figures "XIV of the Code of Criminal Procedure, 1898 (5 of 1898)", the words sign and figures "XII of the Code of Criminal Procedure, 1973, (2 of 1974)" shall be substituted.

Section 15. Amendment of section 50

15. Amendment of section 50.- In section 50 of the principal Act, for the figure "1898", the figure "1973" shall be substituted.

Section 16. Substitution of section 57

16. Substitution of section 57.- For the existing section 57 of the principal Act, the following shall be substituted, namely:-

"57. Protection of action taken in good faith.-No suit, prosecution or other legal proceeding, shall lie against the State Government or any Officer of the State Government or any other person exercising any power or discharging any functions or performing any duties under this Act, for anything in good faith done or ordered to be done or intended to be done under this Act or any rule or order made thereunder dr under any other law for the time being in force relating to the excise revenue".

Section 17. Amendment of section 59

17. Amendment of section 59.- After sub-clause (iii) of clause (f) of section 59 of the principal Act, the following new sub-clause (iii-a) shall be inserted, namely;-

"(iii-a) the price above which any intoxicant shall not be sold or supplied;"

Section 18. Amendment of section 61

18. Amendment of section 61.- In section, 61 of the principal Act,-

(i) in sub-section (1), for the words and signs ‘two thousand rupees, and, if found in possession of working still for the manufacture of any intoxicant shall be punishable with the minimum sentence, of six months’, imprisonment and fine of two hundred rupees.", the words, and sign "five thousand rupees;" shall be substituted; and

(ii) to sub-section (1), the following provio shall added namely:-

"Provided that in the case of an offence relating to the possession of-

(i) a working still for the manufacture, of any, intoxicant, such imprisonment shall not be less than one year and such fine shall not be less than five, thousand rupees;

(ii) lahan, such imprisonment shall not be less than six months and such fine shall not be less than one thousand rupees;

(iii) country liquor manufactured otherwise than in a licensed distillery in Himachal Pradesh, in a liscened exceeding ten bottles, each bottle containing 750 milliliters, such imprisonment shall not be less than three months and such fine shall not be less than five hundred rupees; and in a quantity of ten bottles of the aforesaid capacity, such imprisonment shall not be less than six months and such fine shall not be less than one thousand rupees;

(iv) foreign liquor other than-

(a) manufactured in a licensed distillery or brewery in India; or

(b) imported into India on which custom duty is leviable under the Customs Tariff Act, 1975 (51 of 1975), or the Customs Act, 1962, (52 of 1962);

such imprisonment shall not be less than six-months and such fine shall not be less than two thousand rupees."

Section 19. Amendment of Section 62

19. Amendment of Section 62.- In section 62 of the principal Act,-

(i) for the existing heading, the following shall foe substituted, namely:-

"Penalty for contravention of sections 29 and 30 etc.";

(ii) in clause (b), for the words any man under the age of twenty-five years or women the words "any-man-under the age of twenty-one years or woman or any child" shall be substituted;

(iii) for the words "five hundred" shall be substituted.

Section 20. Amendment of section 63

20. Amendment of section 63.- In section 63 of the principal Act, for the words "one year" and "one thousand", the words "five years" and "five thousand" shall repectively be substituted.

Section 21. Amendment of section 64

21. Amendment of section 64.- In section of the principal Act, for the words "three months" and "five hundred", the words "one year" and "two thousand" shall respectively, be substituted.

Section 22. Amendment of section 66

22. Amendment of section 66.- In section 66 of the principal Act-

(a) in sub-section (1), for the words. "three months and with-fine which may extend to one thousand rupees", the word's "one year and with fine which shall not be less than two thousand rupees" shall be substituted; and

(b) in sub-section (2), for the words "two hundred", the words "two thousand", shall be substituted.’

Section 23. Amendment of section 68

23. Amendment of section 68.- In section 68 of the principal Act, for the words "two hundred rupees", the word's "one thousand-rupees" shall be substituted.

Section 24. Amendment of section 68-A

24. Amendment of section 68-A.- In section 68-A or the principal Act,-

(a) in the first proviso for the words "three years and a fine of two thousand rupees", the words "five-years and a fine of five thousand rupees" shall be substituted; and

(b) in the second proviso for the words "three years", the words "five years", shall be substituted.

Section 25. Amendment of sections 69-A and 71

25. Amendment of sections 69-A and 71.- In sub-section (2) of section 69-A and section 71 of the principal. Act, for, the-figure "1893" wherever it occurs, the figure "1973" shall be substituted.

Section 26. Amendment of section 72

26. Amendment of section 72.- In section 72 of the principal Act,-

(a) for the figure "1898" the figure "1973" shall-be-substituted and

(b) for the existing proviso, the following proviso shall be substituted, namely:-

"Provided that the offense punishable under clause (i) ‘and’ (ii) of the proviso to subjection (1) of section 61 and of possession of country liquor and for the ten bottles of 750 millilitres capacity each punishable under clauses (iii) and (iv) of the proviso to sub-section (1) of section shall be non-bailable"

Section 27. Amendment of section 73

27. Amendment of section 73.- In sub-section (4) of section 73 of the principal Act, for the words, figures and signs section 499 to 502, 513, 514 and 515 of the Code of Criminal Procedure 1898; (5 of 1898)" the words, sign and figures "Chapter XXXIII of the Code of Ciriminal Procedure, 1973 (2 of 1974)" shall be substituted.