Tamil nadu act 048 of 1992 : Tamil Nadu Prohibition (Third Amendment) Amendment Act, 1992

Preamble

Tamil Nadu Prohibition (Third Amendment) Amendment Act, 1992*

[Tamil Nadu Act No. 48 of 1992][14th October, 1992]

An Act to amend the Tamil Nadu Prohibition (Third Amendment) Act, 1986.

Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the Forty-third Year of the Republic of India as follows:-

* Received the assent of the Governor on the 14th October, 1992 and published in the Tamil Nadu Government Gazette, Extraordinary.

Section 1. Short title and commencement

1. Short title and commencement.- (1) This Act may be called the Tamil Nadu Prohibition (Third Amendment) Amendment Act, 1992.

(2) It shall be deemed to have come into force on the 9th day of December, 1986.

Section 2. Amendment of section 1

2. Amendment of section 1.- In section 1 of the Tamil Nadu Prohibition (Third Amendment) Act, 1986 (Tamil Nadu Act 68 of 1986) (hereinafter referred to as the 1986 Act), for sub-section (2), the following sub-section shall be substituted, namely:-

"(2)(a) Section 6 and sub-section (1) of section 9 shall be deemed to have come into force on the 12th day of May, 1981.

(b) Sections 5, 7 and 8 shall come into force on such date as the State Government may, by notification, appoint".

Section 3. Amendment of section 9

3. Amendment of section 9.- In section 9 of the 1986 Act, in clause (aa) proposed to be inserted by sub-section (1), for the words "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", the words "sixteen rupees per proof liter" shall be substituted.

Section 4. Addition of new section 10

4. Addition of new section 10.- After section 9 of the 1986 Act, the following section shall be added, namely:-

"10. Validation.- Notwithstanding anything contained in any law for the time being in force or in any judgment, decree, or order of any court, tribunal or other authority, any rule made or anything done or any action taken by the State Government or by any officer or authority, in relation to wastage or shortage of spirits in the distillery, blending unit, brewery or warehouse licensed or established under the principal Act or in relation to shortage of spirits in transport, as the case may be, at any time on or after the 12th day of May, 1981 and before the date of the publication of this Act in the Tamil Nadu Government Gazette, shall be deemed to be, and to have always been, validly made or done or taken under the principal Act, as amended by this Act".