Punjab Excise (Himachal Pradesh Second Amendment) Act, 1989*
| [Himachal Pradesh Act No. 4 of 1990]1 | [7th February, 1990] |
An act further to amend the Punjab Excise Act, 1914 (Punjab Act No. 1 of 1914) as applied to the areas which comprised in Himachal Pradesh immediately before the 1st day of November, 1966, vide the Himachal Pradesh (Application of Laws) Order, 1943 and the Bilaspur Application of Laws Order, 1949
Be it enacted by, the Legislative Assembly of Himachal Pradesh in the Fortieth Year of the Republic of India as follows:-
1. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For statement of Objects and Reasons See R.H.P., Extra., dated.
* Received the assent of the Governor, Himachal Pradesh on the 7th February, 1990 and published in Hindi in R.H.P. Extra., dated 8th February 1990 at page 209-214 and-in English in R.H.P. Extra., dated 8th February, 1990, at page 215-219
1. Short title.- This Act may be called the Punjab Excise (Himachal Pradesh Second Amendment) Act, 1989
2. Amendment of section 3.- In section 3 of the Punjab Excise Act, 1914, (1 of 1914) as in force in the areas which comprised in Himachal Pradesh immediately before the 1st day of November, 1966, (hereinafter called the principal Act),-
(a) in item (iv) of clause (13), for the words and figure "the Danger and Drugs Act, 1930 (2 of 1930)", the words and figure "the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985)" shall be substituted; and
(b) clause (15) shall be omitted.
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) of the Indian Tariff Act, 1894 (8 of 1894)", the words, sighs and figures "the Customs Act, 1962 (52 of 1962), the Cantonment Act, 1924 (2 of 1924) or the Customs Tariff Act, 1975 (51 of 1975)" shall be substituted.
4. 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 carrier or warehouse-man as such".
5. Insertion of new section 24-A.- After section 24 of the principal Act, the following new section 24-A, shall be inserted, namely:-
"24-A. Possession of unused and printed labels, corks, etc. by certain persons to be punishable.- No person shall have in his possession any unused and printed label, cork, capsule or seal, duly approved by any authority under this Act or under any rule or order made thereunder for use by a person licensed to establish or work a distillery or brewery or to bottle liquor, or any other label, cork capsule, or seal which is an imitation of such unused and printed label cork capsule, or seal, as the case maybe:
Provided that nothing herein shall apply to-
(a) a person licensed to establish or, work a distillery or brewery or to bottle liquor; or
(b) a person who, in execution of an order received from a person specified in clause (a) manufactures or prints any such label, cork, capsule or seat"
6. 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.
7. Amendment of section 27.- For the words "any person" occurring in sub-section (1) of section 27 of the principal Act, the words "any man not below the age of twenty five years" shall be substituted.
8. Amendment of section 29.- For word "eighteen" wherever it occurs in section 29 of the principal Act, the word "twenty-five" shall be substituted.
9. Substitution of section 30.- For section 30 of the principal Act, the following new section 30 shall be substituted, namely:-
"30. Prohibition of employment of children and of men under the age of twenty-one years and of women.- No person who is licensed to sell any liquor or intoxicating drug for consumption on his premises shall during the hours in which such premises are kept open for business, employ or permit to be employed, either with or without remuneration, any man under the age of twenty one years or any woman or any child in any part of such premises in which such liquor or intoxicating drug is consumed by the public".
10. Amendment of section 31.- For the existing proviso of section 31 of the principal Act, the following proviso shall be substituted, namely:-
"Provided that the duty shall not be so imposed on any ??? 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 A;t, 1962 (52 of 1962)."
11. 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 (14 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, signs and figures, "clause (8) of section 167 of the Sea Customs Act, 1978 (8 of 1878)", the words, sign and figures, "section 135 of the Customs Act, 1962 (52 of 1962)" shall be substituted.
12. Amendment of Section 37.- In section 37 of the principal Act, for the words, sign and figure "the Opium Act, 1878, (1 of 1878) the words, sign and figures "the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985)" shall be substituted.
13. 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.
14. Amendment of section 50.- In section 50 of the principal Act,-
(a) for the figures "1898" the figures "1973" shall be substituted; and
(b) in second proviso, for the word "Magistrate", the words "Judicial Magistrate" shall be substituted.
15. Amendment of section 54.- In section 54 of the principal Act,-
(a) in sub-section (2), for the words "a Magistrate" occurring for the first time, the words "an Executive Magistrate" shall be substituted; and
(b) in sub-section (3), for the words "any Magistrate", the words "any Executive Magistrate" shall be substituted.
16. Substitution of section 57.- For the existing section 57 of the principal Act, the following new section 57 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 or under any other law for the time being force relating to the excise revenue".
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-d) the price above which any intoxicant shall not be sola or supplied;".
18. Amendment of section 61.- In section 61 of the principal Act,-
(i) in sub-section (1) for the words "two years and with fine which may extend to two thousand rupees, and if found in possession, of a 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 "three years and with fine which may extend to five thousand rupees:" shall be substituted; and
(ii) to sub-section (1), the following proviso shall be 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 thin 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 quantity not exceeding ten bottles, each bottle containing 750 millilitres, such imprisonment shall not be less than three months and such fine shall not be less than five hundred rupees; and in a quantity exceeding ten bottles of less 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 brewerey 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".
19. Amendment of section 62.- In section 62 of the principal Act-
(i) for the existing heading, the following shall be substituted, namely:-
"Penalty for contravention of sections 29 and 30 etc."
(ii) in clause (a) for the word "eighteen", the word "twenty-five" shall be substituted;
(iii) in clause (b), for the words "any child under the age of sixteen years or women" the words "any man under the age, of, twenty-one years or any woman or any child" shall be sub-stitued; and
(iv) after clause (e) for the words "five hundred,", the words "two thousand" shall be substituted:
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 respectively be substitued.
21. Insertion of section 63-A.- After section 63 of the principal Act, the following new section 63-A shall be inserted, namely:-
"63-A. Penalty for possession of unused and printed labels, cocks, etc. in conteravention of section 24-A- Whoever, in contravention of the provisions, of section 24-A has in his possession any unused and printed label, cork, capsule or seal, or an imitation thereof, shall, be punishable with imprisonmet for a term which may extend to six months and with, fine."
22. Amendment of section 64.- In section 64 of the principal Act, for the words three months and "five hundred", the words "one year" and "two thousand" shall respectively be substituted.
23. 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 words "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.
24. Amendment of section 68.- In section 68 of the principal Act, for the words "two hundred rupees", the words "one thousand rupees" shall be substituted.
25. Amendment of section 68-A.- In section 68-A of 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.
26. Amendment of sections 69-A and 71.- In sub-section (2) of section 69 and section 71 of the principal Act, for the figure "1898" wherever it occurs, the figure "1973" shall be substituted.
27. 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 offences punishable under clauses (i) and (ii) of the proviso to sub-section (1) of section 61 and of possession of country liquor and foreign liquor in a quantity exceeding ten bottles of 750 millilitres capacity each, punishable under clauses (iii) and (iv) of the proviso to sub-section (1) of section 61 shall be non-bailable".
28. Amendment of section 73.- In sub-section (4) of section 73 of the principal Act, for the words, figures and signs, "sections 499 to 502, 533, 514 and 515 of the Code of Criminal Procedure, 1898" (5 of 1898 the words, sign and figures "Chapter XXXIII of the Code of Criminal Procedure, 1973", (2 of 1974), shall be substituted.
29. Amendment of section 75.- In section 75 of the principal Act, for the word "magistrate" wherever it occurs the words "Judicial Magistrate", sail be substituted.