Tamil nadu act 047 of 1992 : Tamil Nadu Prohibition (Amendment), Act, 1992

Preamble

Tamil Nadu Prohibition (Amendment), Act, 1992*

[Tamil Nadu Act No. 47 of 1992][14th October, 1992]

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 Forty-third Year of the Republics of India as follows:-

* Received the assent of the Governor on the 14th October, 1992 and published in the Tamil Nadu Government Gazette, Extraordinary.

Section 1. Short title and commencement

1. Short title and commencement.- (1) This Act may be called the Tamil Nadu Prohibition (Amendment), Act, 1992.

(2) It be deemed to have come into force on the lath day of May, 1992.

Section 2. Amendment of section 18-B

2. Amendment of section 18-B.- In section 18-B of the Tamil Nadu Prohibition Act, 1937 (Tamil Nadu Act X of 1937) (hereinafter referred to as the principal Act) in sub-section (1), for the expression "not exceeding rupees seventy", the expression "not exceeding rupees eighty five" shall be substituted.

Section 3. Insertion of new section 23-B

3. Insertion of new section 23-B.- After section 23-A of the principal Act, the following section shall be inserted, namely:-

"23-B. Licences granted for selling Indian-made foreign spirits to cease to be valid.- (1) Notwithstanding anything contained in this Act or in any rule made thereunder or in any judgment, decree or order of any court or other authority, every licence granted in respect of any privilege of selling, by retail, Indian-made foreign spirits shall cease to be valid oil the expiry of the 31st day of May, 1992:

Provided that nothing contained in this sub-section shall affect any liability in respect of such privilege incurred before the 1st day of June, 1992.

(2) The State Government may make rules for the refund of the proportionate fee and for the disposal of the unsold stock of Indian-made foreign spirits in the possession of any holder of the licence which has ceased to be in force under sub-section (1).

(3) Notwithstanding anything contained in this Act or in any rule 1 made thereunder or in any judgment, decree or order of any court or other authority, every application made for the renewal of any licence for railing, by retail, Indian-made foreign spirits and pending before the State Government or before the Commissioner or any other authority on the 12th day of May, 1992 and every action taken or enquiry made the 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".

Section 4. Repeal and saving

4. Repeal and saving.- (1) The Tamil Nadu Prohibition (Amendment) Ordinance, 1992 (Tamil Nadu Ordinance 6 of 1992) 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.