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PUNJAB GOVT, GAZ. (EXTRA), DECEMBER 21. 2017
(AGHN 30, 1939 SAKA)
PART I
GOVERNMENT OF PUNJAB
DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB
NOTIFICATION
The 21st December, 2017 No.31-Leg./2017.- The following Act of the Legislature of the State of Punjab received the assent of the Governor of Punjab on the 15th day of December, 2017, is hereby published for general information:-
THE PUNJAB EXCISE (SECOND AMENDMENT) ACT, 2017.
(Punjab Act No. 21 of 2017)
AN
ACT
further to amend the Punjab Excise Act, 1914. BE it enacted by the Legislature of the State of Punjab in the Sixty- eighth Year of the Republic of India as follows:-
(1) This Act may be called the Punjab Excise (Second Amendment) Short title commencement.
l.
Act, 2017.
(2) It shall come into force on and with effect from the date of its publication in the Official Gazette.
2. In the Punjab Excise Act, 1914 (hereinafter referred to as the principal Amendment of i i -A, in sub-section (1), at the end, for the sign "." jon "Me" Section 26-A of Act), in section 26-A, (1) gn".", the sign Punjab Act | of
shall be substituted and thereatter, the following proviso shall be added, namely:- 1914.
"Provided that the above restriction shall not apply to the licensed liquor vends within the limits of Municipal areas.".
3. In the principal Act, for section 72, the following section shall be Substitution of section 72 of substituted, namely:- Punjab Act | of
"72. Alloffences, punishable under this Act shall be bailable within !9!4- Offences to the meaning of the Code of Criminal Procedure, be bailable 1973:
Provided that the offences punishable under clauses (1), (ii), (iv) and (v) and of possession of country liquor and foreign liquor in a quantity
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P + Theo, UNJAB GOVT. GAY, (EXTRA), DECEMBER H he (AGIIN 30, 1939 SAKA) Ive bottles OF 750 millilite
and (viii) of the
shall be Non-bailable,",
2017 226
Exceeding twe FS Capacity each. punishable under Clauses (jij é (itl) Proviso to sub-section (1) Of section 6], In the PMincipal Act, in section 78,-
Amendment of
section 78 of
Punjab Act | of
1914.
(a) in sub-section ( |), for the proviso, the following proviso shall be Substituted, n amely:-
, animals or articles specified in clauses (d) and (e) (except public undertaking les) are not the property of offender, they shall not be liable to confiscation if the owner thereof establishes that he had n believe that such
vehic
O reason to
offence was being or was likely to be committed,
Explanation.- "Public undertaking vehicles" means any vehicle owned/
run by,-
(i) the Central Government or a State Government;
(ii) any municipality or any corporation or company owned or controlled by the Central Government and one or more State Governments for the purpose of providing transport and goods services.":
(b) in sub-section (2), for the second proviso, the following provisos shall be substituted, namely:-
"Provided further that in cases where the quantity of liquor found at the
. , rse of detection of such offence exceeds twenty-seven bulk time or in the cou and foreign liquor, the Magistrate shall order the ules a7 Soumya nce. However in lieu of ordering confiscation of
confiscation . Mowistrat may give the owner of the conveyance liable to conveyance, the
, > thereof as d tion to pay an amount equal to the value thereof < or op be confiscated an
estimated by the Magistrate.
. soca her that during pendency of trial, convey ance s : further tha . a * bank euarantee ee A 'on of security (in form of cash secu rity or bank guarantee) issiO released on subm en
' e words "ninety bulk liters he may", i 4), for th r i b-section (4), (c) insu
"twenty-seven bulk liters, he shall" shall be substituted. sand sign the words a
2
) , OV ae. PUNJAB Goy'y GAZ. (EXTRA), DECEMBER 21,2017. 297 (AGI IN 30, 1939 SAKA) al Act, in se
5,
Inthe Princip clon BL, for sub-section (1), the following sub- Amendment of section shall be Substituted, namely:
Section 81 of
Punjab Act | of Ang to type and quantity of liquor as specified in 1914. clauses (V1), (Vii) and (viii) (e
twelve bottles of 750 mi
(1) of section 61, m
(1) Any offence rel Xcept quantity of foreign liquor exceeding liliters Capacity each) of proviso to sub-section ay either before or after the institution of the ounded by such officers or authorities and for such Government may, by notification in the Official Gazette, Specify in this behalf".
VIVEK PURI,
Secretary to Government of Punjab, Department of Legal and Legislative Affairs. 1401/12-2017/Pb. Govt. Press, S.A.S. Nagar
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