Tamil Nadu Prohibition (Second Amendment) Act, 1998*
| [Tamil Nadu Act No. 57 of 1998] | [22nd December, 1998] |
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-ninth Year of the Republic of India as follows:-
* Received the assent of the Governor on the 22nd December, 1998 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, 1998.
(2) It shall come into force at once.
2. Amendment of section 4.- In section 4 of the Tamil Nadu Prohibition Act, 1937 (Tamil Nadu ??? of 1937) (hereinafter referred to as the principal Act),-
(1) in sub-section (1),-
(i) after clause (a), the following clauses shall be inserted, namely:-
"(aa) imports, exports, transports or possesses liquor exceeding fifty litres but less than one hundred litres; or
(aaa) imports, exports, transports or possesses liquor of one hundred litres and above; or
(ii) for the portion begining with the words "shall be punished" and ending with the words one thousand rupees", the following shall be substituted, namely;-
"shall be punished,-
(a) in the case of offences falling under clauses (aaa), (b), (f), and (h), with rigorous imprisonment or a term which may extend to three years and with fine which may extend to ten thousand rupees:
(b) in the case of offence falling under clause (as), with imprisonment for a term which may extend to six months or with fine which may extend to two thousand 1 rupees; and
(c) in the case of offences falling under other clauses, 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), after the expression "clause (a)", the expression "clause (aa), clause (aaa)" shall be inserted.
3. Amendment of section 5.- In section 5 of the principal Act, for the portion beginning with the words "shall be punished" and ending with the words "one thousand rupees", the following shall be substituted, namely:-
"shall be punished with rigorous imprisonment for a term which may extend to three years and with fine which may extend to ten thousand rupees."
4. Amendment of section 7.- To section 7 of the principal Act, the following proviso shall be added, namely:-
"Provided that if the agreement relates to an offence under clause (aaa), clause (b) clause (f), or clause (h) of sub-section (1), or punishable under sub-section (1-A), of section 4, each of such persons shall be punished with rigorous imprisonment for a term which may extend to three years and with fine may extend to ten thousand rupees.";
5. Amendment of section 201.- In section 20 of the principal Act, in clause (d), for the expression "clause (a) or (j)", the expression "clause (a), (aa), (aaa), or (j)" shall be substituted.
6. Amendment of section 24-D.- In section 24-D of the principal Act, in sub-section (1),-
(i) for the expression "an offence under section 6 or section 52-E", the expression "the offences under clauses (aaa), (b), (f) and (h) of sub-section (1), and offence punishable under sub-section (1-A) of section 4 and offences under sections 6 and 52-E" shall be substituted;
(ii) for the expression "two thousand rupees but not less than five hundreo rupees", the expression "ten thousand rupees but not less than one thousand rupees" shall be substituted.
7. Amendment of section 52-A.- In section 52-A of the principal Act, after the expression "clause (a)" the expression "clause (aa), clause (aaa)", shall be inserted.
8. Amendment of section 52-E.- In section 52-E of the principal Act, in sub-section (1), after the expression "clause (a)", the expression "clause (aa), clause (aaa)" shall be inserted.
9. Amendment of Schedule II.- In Schedule II to the principal Act, after the expression "4(1)(a)", occurring at two places, the expression "4(1)(aa), 4(1)(aaa)" shall be inserted.