Tamil Nadu Prohibition (Second Amendment) Act, 1981*
| [Tamil Nadu Act No. 51 of 1981]* | [10th September, 1981] |
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-second Year of the Republic of India as follows:-
* For Statement of Objects and Reasons, see Tamil Nadu George Gazette, Extraordinary, dated the 26th August, 1981, Part IV-Section 1 page 714.
* Received the assent of the Governor on the 9th September, 1981, first published it the Tamil Nadu Government Gazette Extraordinary on the 10th September, 1981 (Avani 25, Thunmathi-2012-Thiruvalluvar Aandu).
1. Short title and commencement.- (1) This Act may be called the Tamil Nadu Prohibition (Second Amendment) Act, 1981.
(2)(a) This Act except sections 6, 7, 8 and 9 shall be deemed to have come into force on the 1st May, 1981.
(b) Sections 6 and 8 shall be deemed to have-come into force on the 23rd May, 1981.
(c) Sections 7 and 9 shall come into force at once.
2. Insertion of new sections 11-D and 17-E in Tamil Nadu Act X of 1937.- After section 17-C of the Tamil Nadu Prohibition Act, 1937 (Tamil Nadu Act X of 1937) hear in after referred to as the principal Act), the following sections shall be inserted, namely.
"17-D. Payment of a sum in consideration of the grant of any exclusive or other privilege or fee on licences for manufacture or sale.-The State Government may, by rules, levy a sum or fee or both in consideration of the grant of any exclusive or other privilege under section 17-C and also a fee on licences granted under section 17-C.
17-E. Licence for export, import, etc.- (1) The State Government or subject to the control of the State Government, the Collector, may issue licences to any person or in respect of any institution whether under the management of the Government or not, for the export, import, transport or possession of any liquor or article containing such liquor on the ground that such liquor or artier is required by such person or in respect of such institution for a bona-fide purpose.
(2) Section 18 shall, in so far as it relates to any liquor or article containing such liquor, cease to be in force with effect on and from the 1st May, 1981".
3. Amendment of section 18-B, Tamil Nadu Act X of 1937.- In section 18-B of the principal Act,-
(a) in sub-section (1), after the expression "shall be levied", the expression "only under this section" shall be inserted;
(b) after sub-section (2), the following sub-section shall be added, namely:-
"(3) Section 18-A shall, in so far as it relates to matters specified in this section, cease to be in force with effect on and from the 1st May, 1981."
4. Amendment of section 18-C, Tamil Nadu Act X of 1937.- In section 18-C of the principal Act, clauses (b) and (c) shall be omitted.
5. Insertion of new section 18-H in Tamil Nadu Act X of 1937.- After section 18-G of the principal Act, the following section shall be inserted, namely:-
"18-H. Exemption from payment of excise duty, countervailing duty or fee.-The State Government may, by notification and subject to such conditions, if any, as the State Government may specify in such notification,-
(1) make an exemption, reduction in rate or other modification in regard to the excise duty, countervailing duty or any fee payable by or under this Act by any person or class of persons; and
(2) cancel or vary such exemption, reduction or other modification".
6. Insertion of new section 2-A in Tamil Nadu Act, X of 1937.- After section 22 of the principal Act, the following section shall be inserted, namely:-
"22-A. Cancellation of licence granted under Madras Distillery Rules, 1960.-(a) Every distillery licence granted in form II under the Madras Distillery Rules, 1960 or deemed to have been granted under the Tamil Nadu Distillery Rules, 1981, for the manufacture of rectified spirit and denatured spirit, shall stand cancelled on the expiry of fifteen days from the 23rd May, 1981.
(b) Every person who held the licence which stands canoelled under clause (a), shall, on application made within a period of fifteen days from the 23rd May, 1931 or such further period as the State Government may specify from time to time, be entitled to the grant of licence index section 17-B and for the giant of privilege of manufacturing rectified spirit under sub-section (1) of section 17-C and a licence under sub-section (2) of said section 17-C for the manufacture of rectified spirit and denatured spirit under the Tamil Nadu Distillery Rules, 1981, subject to the provisions of the said rules.
(c) Any application made for the grant or renewal of licence for the manufacture of rectified spirit and denatured spirit in a distillery and pending before the State Government of any other authority on the 23rd May, 1981 shall a bate and the fee, if any, already paid shall be refunded. Any person who has made such application may apply afresh under the Tamil Nadu Distillery Rules, 1981, for the grant of privilege of manufacturing rectified spirit and denatured spirit and for a licence under the said rules, and such application shall be disposed of in accordance with the said rules".
7. Amendment of section 32, Tamil Nadu Act X of 1937.- In section 23 of the principal Act, after sub-section (3), the following sub-section shall be added, namely:-
"(4) Notwithstanding anything contained in sub-section (3), in so far as it relates to suspension of any such licence or permit, where a prima facie case has been made out, the State Government or the Collector or the prescribed authority, as the case may be, may, at any time and for reasons to be recorded in writing, suspend any such licence or permit and in such case, it shall not be necessity to give an opportunity to the holder of the licence or permit to state his objections".
8. Insertion of new section 23 in Tamil Nadu Act X of 1937.- After section 23 of the principal Act, the following section shall be inserted, namely:-
"23-A. Licence for possession and sale or issue of bottled liquor to cease.-(1) Every licence for possession and sale or issue of bottled liquor under the Madras Liquor (Licence and Permit) Rules, 1960 shall cease to be in force on the expiry of the 30th day of September, 1981:
Provided that such censer shall not effect the previous operation of-
(i) the said licence; and
(ii) anything done or any action taken in pursuance of the said licence; and
(iii) every proceeding by way of investigation or otherwise made or taken by the State Government or other authority in respect of the said licence and any such proceeding shall be continued or enforced as if this sub-section had not been enacted.
(2) Every person who held the licence which has ceased to be in force under sub-section (1) may apply for the grant of privilege and licence under the Tamil Nadu Indian-Made Foreign Spirits (Supply by Wholesale) Rules, 1981 or the Tamil Nadu Liquor (Licence and Permit) Rules, 1981.
(3) The State Government may make rules for the refund of the proportionate fee and for the disposal of the unsold stock of liquor in the possession of any holder of a licence which has ceased to be in force under sub-section (1)".
9. Amendment of section 32, Tamil Nadu Act X of 1937.- In section 32 of the principal Act, after the second proviso and before the Explanation, the following proviso shall be inserted, namely:-
"Provided also that where any illicit arrack is seized under this section by any officer or person, such officer or person may, in the presence of a Prohibition Officer of any Police Officer not below the rank of Inspector,-
(i) take two samples of the illicit arrack of such quantity and in such manner as may be prescribed, and
(ii) destroy or cause to be destroyed the illicit arrack; and send the pots or other receptacles in which the illicit arrack was kept together with the samples taken and a certificate from the Officer in whose presence the samples were taken and the illicit arrack was destroyed, as to the total quantity of illicit arrack seized, the total quantity taken as sample and the total quantity destroyed, to the Magistrate having jurisdiction to inquire into the case. The Magistrate shall, upon the receipt of the samples, retain one in his court and send the other to such Officer as may be prescribed for chemical analysis".
10. Amendment of section 54, Tamil Nadu Act X of 1937.- In section 54 of the principal Act, in sub-section (2-A), alter item (ii), the following item shall be added, namely:-
"(iii) the 1st May, 1981, in so far as it relates to the matters dealt within sections 17-B, 17-O, 17-D, 17-B, 18-B and 18-C".
11. Repeals and savings.- (1) The Tamil Nadu Prohibition (Second Amendment) Ordinance, 1981 (Tamil Nadu Ordinance 3 of 1981) and the Tamil Nadu Prohibition (Third Amendment) Ordinance, 1981 (Tamil Nadu Ordinance 9 of 1981) are hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the principal Act as amended by the said Ordinances shall be deemed to have been done or taken under the principal Act as amended by this Act.