Tamil nadu act 042 of 1982 : Tamil Nadu Prohibition (Amendment) Act, 1982

Preamble

Tamil Nadu Prohibition (Amendment) Act, 1982*

[Tamil Nadu Act No. 42 of 1982]*[11th September, 1982]

An Act further to amend the Tamil Nadu Prohibition, Act, 1937.

Be it enacted by the Legislature of the State of Tamil Nadu in the Thirty-third Year of the Republic of India as follows:-

* For Statement of Objects and Reasons, see Tamil Nadu Government Gazette Extraordinary, dared the 8th September, 1982, Part Section 1, pages 439-440.

* Received the assent of the Governor on the 11th September, 1982, first published in the Tamil Nadu Government Gazette Extraordinary on the 11th September, 1982 (Aavani 26, Thunthubi, Thiruvalluvar Aandu-2013).

Section 1. Short title and commencement

1. Short title and commencement.- (1) This Act may be called the Tamil Nadu Prohibition (Amendment) Act, 1982.

(2) It shall come into force at once.

Section 2. Amendment section 20-A, Tamil Nadu Act X of 1937

2. Amendment section 20-A, Tamil Nadu Act X of 1937.- In section 20-A of the Tamil Nadu Prohibition Act, 1937 (Tamil Nadu Act X of 1937),-

(i) clause (b) shall be omitted;

(ii) the following Explanation shall be added at the end, namely:-

"Explanation.-It is hereby declared that, in judging the suitability of the applicant for the grant of licence or permit, as the case may be, the authority competent to grant such licence or permit shall have regard to the following factors, namely:-

(a) solvency of the applicant;

(b) whether the applicant has contravened any of the provisions of this Act or of any rule, notification or order made thereunder or has committed the breach of any of the terms and conditions of any licence or permit granted under the provisions of this Act or of any rule made thereunder;

(c) whether the applicant has been convicted of any offence punishable under this Act or of any cognizable and non-bailable offence or of any offence under the Dangerous Drugs Act, 1930 (Central Act II of 1930) or under the Trade and Merchandise Marks Act, 1958 (Central Act 43 of 1958) or under sections 482 to 489 of the Indian Penal Code (Central Act XLV of 1860);

(d) whether the applicant carries on any other business which is likely to prevent him from giving his due attention to the purpose for which the lice ace or permit under this Act is sought for;

(e) whether the applicant was a defaulter in payment of any amount due to the State Government under this Act or the rules made thereunder of any taxes or other amounts due to the State Government;

(f) any other matter relevant to the purpose for which the licence or permit under this Act is sought for,".