Tamil Nadu Prohibition (Second Amendment) Act, 1986*
| [Tamil Nadu Act No. 33 of 1986] | [3rd June, 1986] |
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-seventh Year of the Republic of India as follows:-
* Received the assent of the Governor on the 3rd June, 1986 and published in the Tamil Nadu Government Gazette, Extraordinary, No. 288, dated June 4, 1986.
1. Short title.- This Act may be called the Tamil Nadu Prohibition (Second Amendment) Act, 1986.
2. Amendment of 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, in clause, (1), with effect on and from the 1st day of January, 1987, the words "arrack or" shall be omitted.
3. Amendment of section 17-C, Tamil Nadu Act X of 1937.- In section 17-C of the principal Act,-
(1) during the period commencing on the 16th day of July, 1986 and ending with the 31st day of December, 1986,-
(a) in sub-section (1), in clause (b), for the words "or toddy but not arrack", the words "toddy or arrack" shall be substituted;
(b) in sub-section (1A)-
(i) in clause (a)-
(A) in item (i), the word "and" occurring at the end shall be omitted;
(B) item (ii) shall be omitted;
(ii) in clause (b), for the expression "licences by the Commissioner for the exercise of the exclusive privilege referred to in items (i) and (ii) of clause (a) and such licences", the expression "licence by the Commissioner for the exercise of the exclusive privilege referred to in item (i) of clause (a) and such licence "shall be substituted;
(iii) clause (d) shall be omitted;
(2) with effect on and from the 1st day of January, 1987, for sub-sections (1) and (1-A), the following sub-sections shall be substituted, namely:-
"(1) It shall be lawful for the State Government to grant to any person or persons on such conditions and for such period as they may deem fit the exclusive or other privilege-
(a) of manufacturing Indian-made foreign spirits, or
(b) of selling by retail Indian-made foreign spirits, within any local area.
(1-A)(a) Notwithstanding anything contained in this Act, the Tamil Nadu State Marketing Corporation Limited, which is a Corporation wholly owned and controlled by the State Government, shall have the exclusive privilege of supplying, by wholesale, Indian-made foreign spirits, for the whole of the State of Tamil Nadu and no other person shall be entitled to any privilege of supplying, by wholesale, Indian-mude foreign spirits for the whole or any part of 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) 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), open its branches in the State in such places and subject to such renditions as the Commissioner may specify:
Provided that the said Corporation shall open not less than one branch ill each district."
4. Amendment of section 18-C Tamil Nadu Act X of 1937.- With effect on and from the 1st day of January, 1987, in section 18-C of the principal Act, clause (d) shall be omitted.
5. Omission of sections 18-D, 18-E, 18-F, 18-G and 19-A, Tamil Nadu Act X of 1937.- With effect on and from the 1st day of January, 1987, sections 18-D, 18-E, 18-F, 18-G and 19-A of the principal Act shall be omitted.
6. Amendment of section 21, Tamil Nadu Act X of 1937.- With effect on and from the 1st day of January, 1987, in section 21 of the principal Act, the figures and letter "19-A" shall be omitted.
7. Amendment of section 22, Tamil Nadu Act X of 1937.- With effect on and from the 1st day of January, 1987, in section 22 of the principal Act, the figures and letter "19-A" shall be omitted.
8. Omission of section 22-C, Tamil Nadu Act X of 1937.- (1) With effect on and from the 16th day of July, 1986, section 22-C of the principal Act shall be omitted.
(2) The Tamil Nadu Arrack (Retail Shops) Rules, 1985, are hereby repealed with effect on and from the 16th day of July, 1986:
Provided that such repeal shall not affect any offence committed or any fine, penalty, forfeiture or other liability incurred before the 16th day of July, 1986.
9. Insertion of new section 23-B in Tamil Nadu Act X of 1937.- After section 23-A of the principal Act, the following section shall be inserted, namely:-
"23-B. Licences, etc., granted for manufacturing, supplying or peeling arrack and toddy to cease to be valid.- (1) Notwithstanding anything contained in this Act or in any judgment, decree or order of any court,-
(a) every licence granted in respect of any privilege,-
(i) of manufacturing arrack;
(ii) of supplying by wholesale, arrack;
(iii) of selling, by retail, arrack; and
(iv) of manufacturing and selling by retail, toddy
shall cease to be valid on the expiry of the 31st day of December, 1986:
Provided that nothing contained in this sub-section shall affect any liability in respect of such privilege incurred before the 1st day of January, 1987.
(2) 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 any licence referred to in sub-section (1) and pending before the Commissioner or before the State Government or any other authority on the 31st day of December, 1986 and every action taken, or enquiry made, in respect of any 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.
(3) All rules made under this Act for the grant of any licence in respect of any privilege-
(a) of manufacturing arrack;
(b) of supplying, by wholesale, arrack;
(c) of selling, by retail, arrack; and
(d) of manufacturing and selling, by retail, toddy are hereby repealed with effect on and from the 1st day of January, 1987:
Provided that such repeal shall not affect any offence committed, or any fine, penalty or any forfeiture incurred before the 1st day of January, 1987.
(4) Every licence for selling, by retail, toddy which is valid on the 30th day of September, 1986 shall continue to be valid upto and inclusive of the 31st day of December, 1986, subject to the same terms and conditions on which the licence was granted, if the licensee concerned intimates in writing on or before the 1st day of August, 1986 to the licensing authority his willingness to continue to sell by retail, toddy, subject to the same terms and conditions;
Provided that where the licence for selling, by retail, toddy is valid on the 30th day of September, 1986, and the licensee concerned is not willing to continue to sell, by retail, toddy beyond the 30th day of September, 1986, it shall be open to the licensee to surrender his licence to the licensing authority and thereupon the State Government shall, arrange for the sale, by retail, of toddy in accordance with the Tamil Nadu Toddy and Arrack Shops (Disposal in Auction) Rules, 1981."
10. Amendment of section 24-A, Tamil Nadu Act X of 1937.- In section 24-A of the principal Act,-
(1) with effect on and from the 16th day of July, 1986, in the opening sentence, the words "or whoever being an agent appointed by the said Corporation for selling on its behalf, by retail, arrack" shall be omitted;
(2) with effect on and from the 1st day of January, 1987,-
(i) clause (b) shall be omitted;
(ii) in clause (c), after item (i), the following item shall be inserted, namely:-
"(i-a) as Indian-made foreign spirits, liquor which he knows or has reason to believe to be liquor other than Indian-made foreign spirits; or".