Tamil Nadu Prohibition (Third Amendment) Act, 1986*
| [Tamil Nadu Act No. 68 of 1986] | [8th December, 1986] |
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 Thirty-seventh Year of the Republic of India as follows:-
* Received the assent of the Governor on the 8th December, 1986 and published in the Tamil Nadu Government Gazette, Extraordinary, No. 726, dated December 9, 1986.
1. Short title and commencement.- (1) This Act may be called the Tamil Nadu Prohibition (Third Amendment) Act, 1986.
(2) Sections 5, 6, 7, 8 and sub-section (1) of section 9 shall come into force on such date as the State Government may, by notification, appoint and the other sections shall come Into force at once.
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), to clause (3), the following Explanation shall be added, namely:-
"Explanation.- ‘Collector of land revenue’ includes Additional Collector and District Revenue Officer;".
3. Amendment of section 13, Tamil Nadu Act X of 1937.- In section 13 of the principal Act,-
(1) for the marginal heading, the following marginal heading shall be substituted, namely:-
"Drag, etc., liable to confiscation";
(2) for the words "the liquor, drug", the words "in relation to drug, the drug" shall be substituted.
4. Insertion of new section 13-A in Tamil Nadu Act X of 1937.- After section 13 of the principal Act, the following section shall be inserted, namely:-,
"13-A. Liquor, etc., liable to confiscation.-Whenever an offence in relation to liquor has been committed, which is punishable under this Act or the rules made thereunder, the following things shall be liable to confiscation, namely:-
(1) any liquor, material, utensil, implement, apparatus in respect or by means, of which such offence has been committed:
(2) any liquor lawfully imported, exported, transported, manufactured, held in possession or sold along with, or in addition to, any liquor liable to confiscation under this section;
(3) any receptacle, package or covering in which anything liable to confiscation under clause (1) or clause (2), is found, and the other contents, if any, of such receptacle or package or covering and any animal, cart, vessel or other conveyance used for carrving the same;
Provided that, if anything specified in clause (3) is not the property of the offender, it shall not be confiscated if the owner thereof had no reason to belive that such offence was being or was likely to be committed."
5. Amendment of section 21, Tamil Nadu Act X of 1937.- In section 21 of the principal Act, in clause (1), for the expression "on such conditions and", the following shall be substituted, namely:-
"on such terms and conditions including-
(a) the condition for deposit of such sum as may be prescribed as security for the observance of the terms and conditions of any such licence or permit;
(b) the condition for forfeiture of the whole or part of the sura so deposited for contravention of any term or condition on which the licence or permit has been granted;
(c) the condition for the replenishment of the sum so forfeited within such time as may be prescribed; and".
6. Insertion of new section 21-A in Tamil Nadu Act X of 1937.- After section 21 of the principal Act, the following section shall be inserted, namely:-
"21-A. Power to prescribe limit of wastage or shortage of spirits.-The State Government may, with a view to prevent or check the misuse of spirits, prescribe the limit of-
(a) wastage of spirits in the distillery, blending unit, brewery or ware-house licenced or established under this Act; or
(b) shortage of spirits in transport:
Provided that different limits may be prescribed for different varieties of spirits."
7. Amendment of section 23, Tamil Nadu Act X of 1937.- In sub-section (1) of section 23 of the principal Act, after clause (c), the following clause shall be inserted, namely:-
"(cc) if the holder thereof has furnished false or incorrect information in connection with the obtaining or renewal of such licence or permit; or".
8. Insertion of new section 24-C in Tamil Nadu Act X of 1937.- After section 24-B of the principal Act, the following section shall be inserted, namely:-
"24-C. Penalty for furnishing false or incorrect information.- Whoever, being the holder of any licence or permit in respect of liquor under this Act, furnishes any information in connection, with the obtaining or renewal of licence or permit under this Act, which is either false or which he knows or has reason to believe to be incorrect, shall in addition to the cancellation or suspension of the licence or permit granted to him in respect of such liquor, be punished with rigorous imprisonment for a term which may extend to three years and with fine which may extend to, two thousand rupees.
9. Amendment of section 54, Tamil Nadu Act X of 1937.- In section 54, of the principal Act,-
(1) in sub-section (2), after clause (a), the following clause shall be inserted, namely:-
"(aa) prescribing the penalty for wastage or shortage of spirits in excess of the prescribed limits at such rate not exceeding twice the normal rate of excise duty or fee that would be payable on the quantity of the spirits lost in excess of the prescribed limits;"
(2) to sub-section (2-A), the following provisos shall be added, namely:-
"Provided that a notification issued under sub-section (1) of section 16 may have retrospective effect from a date not earlier than 1st November, 1972:
Provided further that the retrospective operation of any rule made or notification issued under this Act shall not render any person guilty of any offence in regard to the contravention of such rule or the breach of any of the conditions subject to which the exemption is notified in such notification when such contravention or breach occurred before the date on which the rule or notification is published, as the case may be.