Tamil Nadu Prohibition (Amendment) Act, 1983*
| [Tamil Nadu Act No. 2 of 1983]* | [26th February, 1983] |
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-fourth Year of the Republic of India as follows:-
* For Statement of Objects and Reasons, see Tamil Nadu Government Gazette Extraordinary, dated the 31st January, 1983, part IV-Section 1, pages 19-20.
* Received the assent of the Governor on the 23rd February, 1983 just published in the Tamil Nadu Government Gazette Extraordinary on the 26th February, 1983 (Masi 14, Thunthubi, Thiruvalluvar Aandu-2014)
1. Short title and commencement.- (1) This Act may be called the Tamil Nadu Prohibition (Amendment) Act, 1983.
(2) This Act, except clause (i) of section 2 and section 5, shall be deemed to have come into force on the 2nd December, 1982.
2. Amendment section 3, Tamil Nadu Act X of 1937.- In section 3 of the Tamil Nadu Prohibition Act, 1937 (Tamil Nadu Act X of 1937) (hereinafter referred to as the principal Act),-
(i) in clause (6-A), the expression "(except for purposes of section 21-A)" shall be omitted;
(ii) after clause (19), the following clause shall be inserted, namely:-
"(19-A) ‘transit’ means to move through the territory of the State of Tamil Nadu from any place in India outside the State of Tamil Nadu to any other place in India outside the State of Tamil Nadu;".
3. Amendment section 6-A, Tamil Nadu Act X of 1937.- After section 6-A of the principal Act, the following section shall be inserted, namely:-
"6-B. Regulation of transit of liquor.- (1) Except as otherwise provided in sub-section (2), no person shall transit any liquor.
(2) Subject to the control of the State Government, the Collector or any officer not below the rank of a Deputy Collector empowered by him in this behalf may issue permit for the transit of any liquor in such form and subject to such conditions as may be prescribed. Every application for transit permit shall be made within such time as may be prescribed and shall be accompanied by copies of the export and import permits issued by the concerned States from which, and to which, the liquor is in transit.
(3) The following shall be conditions of every permit issued under sub-section (2):-
(a) that the transit of liquor shall be made along the route or routes specified in the permit; and
(b) that the transit shall be under police escort at such scale as may be prescribed provided by the prescribed authority at the cost of the person who transits liquor,".
4. Amendment of section 13, Tamil Nadu Act X of 1937.- In section 13 of the principal Act, for the words "against this Act", the words "against this Act or the rules made thereunder" shall be substituted.
5. Omission of section 21-A, Tamil Nadu Act X of 1937.- Section 21-A of the principal Act shall be omitted.
6. Insertion of new section 32-A in Tamil Nadu Act X of 1937.- After section 32 of the principal Act, the following section shall be inserted, namely:-
"32-A. Establishment of checkpost or barrier and inspection of liquor while in transit, etc.- (1) If the State Government consider that with a view to prevent or check the import, export, transport or transit of liquor without obtaining a licence or permit as required under the provisions of this Act, it is necessary so to do, they may, by notification, direct the setting up of checkpost or the erection of barrier or both, at such place or places as may be notified.
(2) At every checkpost or barrier mentioned in sub-section (1) or at any other place when so required by the Prohibition Officer or the officer-in-charge of the checkpost or barrier or any other officer empowered by the State Government in this behalf, the driver or any other person in-charge of any animal, vessel, cart or other vehicle, shall stop the animal, vessel, cart or other vehicle, as the case may be, and keep it stationary so long as may reasonably be necessary and allow the Prohibition Officer or officer in-charge of the check post or barrier or the officer empowered as aforesaid to inspect the licence or permit obtained under the provisions of this Act.
(3) Any Prohibition Officer or any other officer specially empowered in this behalf, may at any place require the driver or any other person in-charge of any animal, vessel, cart or other vehicle who imports, exports, transports or transits the liquor to stop the animal, vessel, cart or other vehicle or keep it stationary so long as may reasonably be necessary for the purpose of satisfying himself that a licence or permit has been duly obtained in respect of such import, export, transport or transit of liquor and the conditions of such licence or permit and the provisions of this Act and the rules made thereunder have been duly complied with in respect of such import, export, transport or transit of liquor.
(4) If, on such examination and inspection under sub-section (2) or sub-section (3) it appears-
(a) that the licence or permit as required under the provisions of this Act in respect of the liquor carried has been obtained and the provisions of this Act and the rules made thereunder or the notification or order issued thereunder are complied with, the said officer shall release the animal, vessel, cart or other vehicle with the liquor carried, or
(b) that the licence or permit as required under the revisions of this Act has not been obtained or any of the provisions of this Act or any of the terms of any rule, notification, order, licence or permit issued thereunder has not been complied with in respect of the liquor carried, the said officer, after making such inquiry as he deems fit and satisfying himself as to such non-obtainment or noncompliance, as the case may be, shall seize and confiscate such liquor.
(5) The driver or any other person in-charge of the animal, vessel, cart or other vehicle shall, if so required, give his name and address and the name and address of the owner of the animal, vessel, cart or other vehicle as well as those of the consignor and consignee, if any, of the liquor carried on such animal or in such vessel, cart or vehicle, as the case may be.
(6) The driver of the vessel, cart or other vehicle, shall, on demand by the said officer, produce for inspection his driving licence.
(7) If it appears to the said officer that the driver or the person in-charge of the animal, vessel, cart or other vehicle is not giving the correct name and address of the owner of the animal, vessel, cart or other vehicle or of the consignor or of the consignee, if any, of the liquor carried on such animal or in such vessel, cart or other vehicle and if the said officer is satisfied after making such inquiry as he deems fit that with a view to prevent the evasion of the provisions of this Act or the rules made thereunder it is necessary to confiscate such liquor, he may take steps for the seizure and confiscation of such liquor, in accordance with the provisions of this Act".
7. Insertion of new section 56-A in Tamil Nadu Act X of 1937.- After section 56 of the principal Act, the following section shall be inserted, namely:-
"56-A. Injunctions not be granted in respect of sums payable in consideration of the grant of any privilege or fee on licences for manufacture, etc.-Notwithstanding anything contained in the Code of Civil Procedure, 1908 (Central Act V of 1908) or in any other law for the time being in force, no Court shall grant any permanent or temporary injunction or make any interim order restraining any proceeding which is being or about to be taken for,-
(i) the recovery of any sum or fee or both levied in consideration of the grant of any exclusive or other privilege under this Act or the rules made thereunder or any fee including vend fee or any duty levied by or under this Act or the rules made thereunder
(ii) the grant of any privilege under section 17-C or licence under section 17-B".
8. Repeal and saving.- (1) The Tamil Nadu Prohibition (Second Amendment) Ordinance, 1982 (Tamil Nadu Ordinance 13 of 1982) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by the said Ordinance shall be deemed to have been done or taken under the principal Act as amended by this Act.