ORDERS BY THE GOVERNOR
LEGISLATIVE DEPARTMENT : : : LEGISLATIVE BRANCH
NOTIFICATION
The 18th January, 2005
No. LGL.l 21/2003/9.-- The following Act o f the Assam Legislative Assembly which received the assent o f the Governor is hereby published for general information.
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42 THE ASSAM GAZETTE, EXTRAORDINARY, JAN. 18,
ASSAM ACT NO. II OF 2005
(Received the assent of the Governor on 13th January, 2005)
THE ASSAM EXCISE (AMENDMENT) ACT, 2004.
AN
ACT
further to amend the Assam Excise Act, 1910.
Preamble Whereas it is expedient further to amend the Assam Excise Act, 1910, hereinafter referred to as the principal Act, in the manner hereinafter appearing ;
It is hereby enacted in the Fifty-fifth Year of the Republic of India as follows
Short title, 1.(1) This Act may be called the Assam Excise
extent and (Amendment) Act, 2004.
commence-
went. (2) It shall have the like extent as the principal Act.
Assam Act I of
1910.
Amendment 2.
of section 70.
(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
In the principal Act, in section 70, for sub- section (1), (2) and (3), the following shall be substituted, namely
l '7O. Power to compound offences (1) when any licence, permit or pass is liable to be cancelled or suspended under clause (a) or (b) o f sub-section (1) of section 29 or when any person is reasonably suspected o f having committed an offence under this Act other than an offence under section 61, the Excise Com m issioner or a Collector, instead o f enforcing such cancellation or suspension or instituting a prosecution in respect o f such offence, may realise from the holder o f such licence, permit or pass or from such person such sum of money not less than rupees one thousand but maximum of which shall not exceed rupees five thousand, depending upon the merits o f the case.
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? HE ASSAM GAZETTE, EXTRAORDINARY, JAN. 18, 2005 43
(2) The Excise Commissioner or the Collector may also after institution against any person of a prosecution in respect of any offence under this Act other than offence under section 61, compound the offence on payment by such person a sum of money not less than rupees one thousand but maximum of which shall not exceed rupees five thousand depending upon the merits of the case.
(3) Notwithstanding anything contained in this section, an Excise Officer not below the rank of Superintendent of Excise in the District Head Quarter and Deputy Superintendent of Excise in the Sub- Divisional Head Quarter may, at any time, compound an offence under this Act in respect of manufacture and possesion of pachwai exceeding the quantity that may be exempted under section 73 but not exceeding five kilograms and manufacture or possesion of illicit liquor, on payment by the person manufacturing or possesing such pachwai liquor a sum of money not less than rupees one thousand but maximum of which shall not exceed rupees five thousand, depending upon the merits of the case."
M. K. DEKA,
Commissioner & Secy, to the Govt, of Assam, Legislative Department, Dispur. GUWAHATI- Printed & Published by the Dy. Director (P&S), Directorate of Ptg. & Sty., Assam, Guwahati-21, (Ex-Gazette) No. 29-500-600-18-1-2005.
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