Tamil Nadu Prohibition (Amendment) Act, 2003*
| [Tamil Nadu Act No. 31 of 2003] | [14th November, 2003] |
Act An Act further to amend the Tamil Nadu Prohibition Act, 1937
Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the Fifty-fourth Year of the Republic of India as follows:-
* Received the assent of the Governor on the 14th November, 2003 and published in the Tamil Nadu Government Gazette, Extraordinary, No. 319, dated November 15th, 2003.
1. Short title and commencement.- (1) This Act may be called the Tamil Nadu Prohibition (Amendment) Act, 2003.
(2) It shall be deemed to have come into force on the 26th day of October, 2003.
2. Amendment of section 17-C.- In section 17-C of the Tamil Nadu Prohibition Act, 1937 (hereinafter referred to as the principle Act), after sub-section (1-A), the following sub-section shall be inserted, namely:-
"(1-B)(a) Notwithstanding anything contained in this Act, the Tamil Nadu State Marketing Corporation Limited which is a Corporation wholly owned and controlled the State Government, shall have the exclusive privilege of selling, by retail, Indian-made foreign spirits, for the whole of the State of Tamil Nadu and no other person shall be entitled to any privilege of selling by retail Indian-made foreign spirits for the whole or any part the State.
(b) Notwithstanding anything contained in this Act, Tamil Nadu State Marketing Corporation Limited shall be granted the licence by the Commissioner for the exercise of the exclusive privilege referred to in clause (a) and such licence shall be subject to the rules made by the State Government in this behalf and to such conditions and restrictions as the Commissioner may, from time to time, specify.
(c)(i) The Tamil Nadu State Marketing Corporation Limited shall, as soon as may be, after the grant of the licence under clause (b) for the exercise of the exclusive privilege referred to in clause (a), fix, locate and open as many shops as may be necessary to effectively carry on the business of sale, by retail, of Indian made foreign spirits in the State and the said Corporation in so fixing the shops, shall take into account the population of the locality, the needs of the locality and other relevant factors.
(ii) The Tamil Nadu State Marketing Corporation Limited shall carry on the business of selling, by retail, Indian-made foreign spirits-
(A) either directly by the said Corporation; or
(B) through Co-operative Societies appointed by the said Corporation as agents to act on its behalf and on such terms and conditions as the said Corporation may specify; or
(C) by both the methods specified in sub-items (A) and (B) of this item.
(iii) Any dispute between the said Corporation and the Co-operative Society, appointed as its agent, in respect of any matter shall be referred to the Commissioner or an officer not below the rank of District Revenue Officer specially empowered by the State Government in this behalf, whose decision thereon shall be final and such decision shall not be called in question in any Court.
Explanation.-For the purposes of this Act, a Co-operative Society, appointed as agent by the Tamil Nadu State Marketing Corporation Limited for selling on its behalf, by retail, Indian-made foreign spirits shall not be deemed to be exercising any privilege of selling, by retail, Indian-made foreign spirits and accordingly the provisions of this Act relating to the grant of such privilege and licence for selling, by retail, Indian made foreign spirits shall not apply to such agent."
3. Insertion of new section 22-D.- After section 22-C of the principal Act, the following section shall be inserted, namely:-
"22-D. Licence granted for selling, by retail, Indian-made foreign spirits to cease to be valid.-(a) Notwithstanding anything contained in this Act or in any judgment, decree or order of any Court, every licence granted or renewed in respect of any privilege of selling, by retail, Indian-made foreign spirits (other than the licence granted or renewed for supply in hotels, clubs and stores and depots run by the Defence Department, Government of India) and which is valid on the 26th day of October, 2003 shall cease to be valid on the expiry of the 28th day of November, 2003 on which date the validity of the said licence shall, under the existing rules, expire and any licence renewed for any period beyond 28th day of November, 2003 shall cease to be valid and in stich cases all fees (including the licence fee and the privilege amount) paid for renewal of lice ice shall be refunded.
(b) Notwithstanding anything contained in this Act or in any judgment, decree or order of any Court, every application made for the grant or renewal of licence for selling, by retail, Indian-made foreign spirits and pending before the Commissioner or before the State Government or any other authority on the 26th day of October, 2003 and every action taken, or enquiry made, in respect of such application, shall abate and all fees in connection with such Application (including the application fee and the licence fee, if any), already paid shall be refunded.
(c) The Tamil Nadu Liquor (Retail Vending) Rules, 1989 and the Tamil Nadu Liquor (Retail Vending in Bar) Rules, 2002 are hereby repealed with effect from the 29th day of November, 2003:
Provided that such repeal shall not affect any offence committed or any fine, penalty or forfeiture incurred before the 29th day of November, 2003.
(d)(i) Notwithstanding anything contained in sub-section (1-B) of section 17-C and without prejudice to the provisions contained in section 54, the State Government may make rules for grant of licences to such hotels, clubs and stores and depots run by the Defence Department, Government of India, as may be prescribed and for the purpose of carrying into effect the provisions of this section and sub-section (1-B) of section 17-C.
(ii) Within a period of one month commencing on and from the 29th day of November, 2003, the State Govemment shall, on payment of the price, take over the entire stock of Indian-made foreign spirits, if any, which on the 29th day of November, 2003, is in possession of any holder of a licence which shall cease to be valid under clause (a).
Explanation.-For the purposes of item (ii) of this clause, the expression "stock of Indian-made foreign spirits" shall include stocks in movement on the 29th day of November, 2003, consequent on the orders placed by such holder with the suppliers in pursuance of permits, granted by the Competent Authority under this Act".
4. Repeal and saving.- (1) The Tamil Nadu Prohibition (Amendment) Ordinance, 2003 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 to taken under the principal Act, as amended by this Act.