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Assam act 019 of 1956 : The Assam Liquor Prohibition ( 2nd Amendment) Act, 1956

Th.e 17th September 1956

No .L JL .46/56 /13.—-I he following Act o f the Assam Legis lative Assembly which received the assent ol the Governor is hereby pub lished for general info rma tion .

(R ec ei ve d th e a ss en t o f th e G ov er no r oa t h e 14th Sep te m be r 1956)

ASSAM ACT X IX OF 1956

TH E ASSAM LIQ UO R PROH IBITI ON (SECO ND AMEND MENT)

ACT, 1956

(Passed by the Assembly) [Published in the Assam Gazette, Ex tra ordin ary, da ted the 20th Sep tem ber 1956]

An Act further to amend the Assam Liquor Prohib ition Act, 1952

Preamble.—Whereas it is expedient to amend further the Assam Liquor Prohibition Act, 1952 (Assam Act 1 of 1953), h ereinafter called the Principal Act in the manner here inafter appearing ;

It is hereby enacted in the seventh year of the Republic of India as fol low s:—

1. Short title, extent and commencement.—

(1) This Act may be called the Assam Liquor Prohibition (Second Amendment) Act, 1956.

(2) It shall have the like extent as the Principal Act.

(3) It shall come into force at once

2. Amendment of Section 2 of Assam Act 1 of 1953.—The word 'Explanat ions ' and the whole of the expla nation (i) under sub-section (3) of Section 2 of the Principa l Act as inserted by the Assam Liq uor Prohibition (Amendment) Act, 1956 (Assam Act XIII of 1956) shall be deleted and the figure (ii) shall be subs tituted by the word 'Explanat ion'.

3. Insertion of new Sections 3A, 3B and 3C after Section 3 of Assam Act I of 1953.— The following new sections shall be inser ted after Section 3 of the Principa l A c t;

"3A. Provis ions of the Act not to apply to certain articles.—Nothing in this Act shall be deemed to apply to—

(1) Any toilet prep aration conta ining alcohol which is unfit for use as intoxicating liquor;

(2) Any medic inal preparat ion containing alcohol which is unfit for use as intoxicating liquor ;

(3) Any antiseptic preparat ion or solution conta ining alcohol which is unfit for use as intoxicating liquor;

(4) Any flavouring extrac t, essence or syrup containing alcohol which is unfit for use as intoxicating liquor.

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3B. Board of Exper ts.— (1) For the purpose of determ ining whether any of the prep arat ions mentioned in Section 3A is fit or likely to be used as intoxicating liquor the State Government shall constitute a Board of Experts.

(2) The Board of Experts const ituted under sub-section (1) shall be appo inted on such terms and condi tions and shall consist of such members as may be prescribed. The members so appo inted shall hold office during the pleasure of the Governor of Assam.

(3) It shall be the duty of the Board to advise the State Government on the question of whether any article or preparat ion containing alcohol is fit for use as intoxicating liquor and on such other matte rs incidental thereto as may be referred to it by the State Government.

3C. Restr ict ion s on use of medic ina l and toi let preparatio ns.— On the

advice of the Board const ituted under Section 3A, the State Government may by notification in the official Gazette declare any such preparat ion to be liquor within the definition of the Act and thereupon the State Government may, notwi thstanding anything contained in any other provision of the Act, impose such restric tion and in such manner as may be prescribed."

J. C. MEDHI,

Secy, to the Govt, of Assam, Leg. & Judl. Depit.

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