Tamil Nadu Prohibition (Amendment) Act, 2004*
| [Tamil Nadu Act No. 2 of 2004] | [11th February, 2004] |
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-fifth Year of the Republic of India as follows:-
* Received the assent of the Governor on the 11th February, 2004 and published in the Tamil Nadu Government Gazette, Extraordinary, No. 40, dated February 11th, 2004.
1. Short title and commencement.- (1) This Act may be called the Tamil Nadu Prohibition (Amendment) Act, 2004.
(2)(a) Section 2,-
(i) in so far as it relates to sub-sections (1) and (2) of new section 22-CC of the Tamil Nadu Prohibition Act, 1937 (Tamil Nadu Act X of 1937) (hereinafter referred to as the principal Act), shall be deemed to have come into force on the 22nd day of June, 2001;
(ii) in so far as it relates to sub-sections (3) and (4) of new section 22-CC of the principal Act, shall be deemed to have come into force on the 23rd day of April, 2002.
(b) Other provisions shall be deemed to have come into force on the 26th day of October, 2003.
2. Insertion of new section 22-CC.- After section 22-C of the principal Act, the following section shall be inserted, namely:-
"22-CC. Repeal of rules.- (1) Notwithstanding anything contained in any judgment, decree or order of any court, rule 14 of the Tamil Nadu Liquor (Retail Vending) Rules, 1989 is repealed with effect from the 22nd day of June, 2001.
(2) Notwithstanding anything contained in this Act or in any judgment, decree or order of any court,-
(i) the licence granted for selling, by retail, Indian Made Foreign Spirit on or after the 22nd day of June, 2001, under the Tamil Nadu Liquor (Retail Vending) Rules, 1989, shall be deemed to have been granted without the right of renewal;
(ii) any grant of renewal of licence for selling, by retail, Indian Made Foreign Spirit on or after the 22nd day of June, 2001, under the rule repealed under sub-section (1) of this section shall be deemed to be a grant of licence for selling, by retail, Indian Made Foreign Spirit without the right of renewal and shall cease to be valid on the expiry of the 28th day of November, 2003.
(3) Notwithstanding anything contained in any judgment, decree or order of any court, rule 5 of the Tamil Nadu Liquor (Retail Vending in Bar) Rules, 2002 is repealed with effect from the 23rd day of April, 2002.
(4) Notwithstanding anything contained in this Act or in any judgment, decree or order of any court,-
(i) the licence granted for vending liquor in bar, on or after the 23rd day of April, 2002, under the Tamil Nadu Liquor (Retail Vending in Bar) Rules, 2002, shall be deemed to have been granted without the right of renewal;
(ii) any grant of renewal of licence for vending liquor in bar, on or after the 23rd day of April, 2002 under the rule repealed under sub-section (3) of this section shall be deemed to be a grant of licence for vending liquor in bar without the right of renewal and shall cease to be valid on the expiry of the 28th day of November, 2003".
3. Amendment of section 22-D.- In section 22-D of the principal Act, in clause (a),-
(1) for the expression "every licence granted or renewed", the expression "every licence granted or renewed which is deemed to be a grant of licence under sub-sections (2) and (4) of section 22-CC" shall be substituted;
(2) for the expression "any licence renewed", the expression "any licence renewed which is deemed to be a grant of licence under sub-sections (2) and (4) of section 22-CC" shall be substituted.
4. Repeal and saving.- (1) The Tamil Nadu Prohibition (Amendment) Ordinance, 2004 (Tamil Nadu Ordinance 1 of 2004) 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.