Tamil Nadu Prohibition (Second Amendment) Act, 1989*
| [Tamil Nadu Act No. 2 of 1989] | [25th February, 1989] |
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 Fortieth Year of the Republic of India as follows:-
* Received the assent of the Governor on the 25th February, 1989 and published in the Tamil Nadu Government Gazette, Extraordinary.
1. Short title and commencement.- (1) This Act may be called the Tamil Nadu Prohibition (Second Amendment) Act, 1989.
(2) It shall come into force at once.
2. Amendment of section 3.- In section 3 of the Tamil Nadu Prohibition Act, 1937 (Tamil Nadu Act X of 1937) (hereinafter referred to as the principal Act), clause (14-A) shall be omitted.
3. Amendment of section 4.- In section 4 of the principal Act,-
(1) in sub-section (1), for the portion beginning with the words "shall be punished" and ending with the words "in any other case with rigorous imprisonment for a term which may extend to three years and with fine which may extend to three thousand rupees", the following shall be substituted, namely:-
"shall be punished with imprisonment for a term which may extend to three months or with fine which may extend to one thousand rupees";
(2) in sub-section (1-A), the proviso shall be omitted.
4. Amendment of section 4-A.- In section 4-A of the principal Act,-
(1) for the expression "shall be punished with rigorous imprisonment for a term which may extend to three years and with fine which may extend to three thousand rupees", the expression "shall be punished with imprisonment for a term which may extend to three months or with fine which may extend to one thousand rupees" shall be substituted;
(2) the proviso shall be omitted.
5. Amendment of section 5.- In section 5 of the principal Act, in the opening paragraph,-
(1) for the expression "shall be punished with rigorous imprisonment "or a term which may extend to five years and with fine which may extend to seven thousand rupees", the expression "shall be punished with imprisonment for a term which may extend to three months or with fine which may extend to one thousand rupees" shall be substituted.
(2) the proviso thereunder shall be omitted.
6. Amendment of section 6, 8, 10, 11, 15-A, 24-C, and 52-E.- In sections 6, 8, 10, 11, 15-A, 24-C and 52-E of the principal Act, the word "rigorous" wherever it occurs, shall be omitted.
7. Amendment of section 7.- For section 7 of the principal Act, the following section shall be substituted namely:-
"7. Punishment for conspiracy.- "When two or more persons agree"
(i) to commit or cause to be committed any offence under sub-section (1) of section 4 or under section 5; or
(ii) to evade or nullity the provisions of this Act,
each of such persons shall, notwithstanding that no act except the agreement was done by any of the parties thereto in pursuance thereof, be punished with imprisonment for a term which may extend to three months or with fine which may extend to one thousand rupees."
8. Amendment of section 15-B.- Section 15-B of the principal Act shall be omitted.
9. Amendment of section 16.- In section 16 of the principal Act, in sub-section (2).-
(1) for the expression "shall be punished with rigorous imprisonment for a term which may extend to three years and with fine which may extend to three thousand rupees", the expression "shall be punished with imprisonment for a term which may extend to three months or with fine which may extend to one thousand rupees" shall be substituted;
(2) the proviso shall be omitted.
10. Amendment of section 17-A.- In section 17-A of the principal Act, in sub-section (2),-
(1) for the express on "shall be punished with rigorous imprisonment for a term which may extend to three years and with fine which may extend to three thousand rupees", the expression "shall be punished with imprisonment for a term which may extend to three months or with fine which may extend to one thousand rupees" shall be substituted;
(2) the proviso shall be omitted.
11. Amendment of section 24.- In section 24 of the principal Act, in the opening paragraph,-
(1) the word "rigorous" shall be omitted;
(2) the proviso thereunder shall be omitted.
12. Amendment of section 24-A.- In section 24-A of the principal Act,-
(1) for the expression "shall be punished with rigorous imprisonment", the expression "shall be punished with imprisonment" shall be substituted;
(2) the proviso shall be omitted.
13. Amendment of section 24-D.- After section 24-C of the principal Act, the following section shall be inserted, namely:-
"24-D. Power to compound offences.- (1) Any Prohibition Officer specialty empowered by the State Government in this behalf may accept, from any person who has committed or is reasonably suspected of having committed an offence under this Act or the rules made thereunder other than an offence under section 6 or section 52-E by way of composition of such offence a sum of money not seeding two thousand rupees but not less than five hundred rupees.
(2) On payment of such sum of money to such officer, the accused person, if in custody, shall be discharged and no further proceedings in respect of the offence shall be taken against such person.
14. Disposal of pending proceedings.- Every proceeding including an appeal pending before any court on the date of the commencement of this Act shall be decided in accordance with the provisions of the principal Act, as amended by this Act.