[ 153 ]
Registered with the Registrar
of Newspapers for India under
No. M. 8270
Registered No.
TN/PMG(CCR)/42/2012-14
WPP No. 88(556)
Dated : 29-7-2013
Price : ` 2-00
Amflºƒˆ \VWÈ ∂´E>µ
La Gazette de L' État de Poudouchéry
The Gazette of Puducherry
PART - II
E≈©A ÿkπX|
EXTRAORDINAIRE
EXTRAORDINARY
∂]ÔV´D ÿ√u≈
Publiée par
Published by
ÿkπX|
Autorité
Authority
sÁÈ : ` 2-00
Prix : ` 2-00
Price : ` 2-00
®ı
Amflºƒˆ
]∫Ô‚˛wÁ\
2013 }
ÛÁÈ |
29 {
No. 27
Poudouchéry
Lundi
29
Juillet
2013
No.
Puducherry
Monday
29th
July
2013
(7 Sravana 1935)
GOVERNMENT OF PUDUCHERRY
LEGISLATIVE ASSEMBLY SECRETARIAT
No.1462/2013-LA(Legn.).
Puducherry, the 26th July 2013.
Under rule 140 of Rules of Procedure and Conduct of Business of
the Puducherry Legislative Assembly, the following Bill viz.,
“The Puducherry Excise (Amendment) Bill, 2013 (Bill No. 5 of 2013)”
which was introduced in the Legislative Assembly on July 25, 2013 is
published for general information.
154
LA GAZETTE DE L'ETAT
[PART–II
THE PUDUCHERRY EXCISE (AMENDMENT)
BILL, 2013
(Bill No. 5 of 2013)
A
BILL
further to amend the Puducherry Excise
Act, 1970.
BE it enacted by the Legislative Assembly of
Puducherry in the Sixty-fourth Year of the Republic
of India as follows :—
1. (1) This Act may be called the Puducherry
Excise (Amendment) Act, 2013.
(2) It shall come into force at once.
2. In the Puducherry Excise Act, 1970 (herein-
after referred to as the principal Act), in
section 43, after sub-section (2), the following
sub-sections shall be inserted, namely:—
"(3) Notwithstanding anything contained in
sub-sections (1) and (2) or any other law
for the time being in force, where any property
liable for confiscation under section 42 is
seized or detained, the Excise Commissioner
or any other officer authorised by the Government
in that behalf is satisfied that an offence
has been committed against this Act and
whether or not a prosecution is instituted
for such offence, he may, without prejudice
to any other punishment to which the offender
is liable under this Act, order confiscation
of any property or animal, vessel, cart or
other vehicle used in the commission of
such offence:
Short title and
commencement.
Amendment of
section 43.
Act
No.12
of
1970.
155
PART–II]
LA GAZETTE DE L'ETAT
Provided that, before passing an order
of confiscation, the owner or the person
from whom such property, animal, vessel,
cart or other vehicle is seized, shall be given–
(i)
a notice in writing informing him of
the grounds on which it is proposed
to confiscate;
(ii) a n o p p o r t u n i t y o f m a k i n g a
representation in writing within a
reasonable time, not exceeding
14 days as may be specified in the
notice, against the grounds of
confiscation; and
(iii) a resonable opportunity of being heard
in the matter:
Provided further that the owner or the
person from whom such property, animal,
vessel, or cart or other vehicle is seized
shall be given an option to pay, in lieu of
its confiscation, an amount not exceeding
the market price of such property.
(4) While making an order of confiscation
under sub-section (3), the Excise Commissioner
or any other officer authorised by the Government
may also order that such of the properties
to which the order of confiscation relates,
which, in his opinion, cannot be preserved
or are not fit for human consumption, be
destroyed.
(5) Where the Excise Commissioner or
any other officer authorised by the Government
after passing an order of confiscation under
sub-section (3) is of the opinion that it is expedient
156
LA GAZETTE DE L'ETAT
[PART–II
in the public interest so to do, he may order the
confiscated property or any part thereof to be
sold by public auction or dispose it of otherwise
and the proceeds remitted into the excise revenue
account under this Act.
(6) Where the confiscation is ordered by
an officer authorised by the Government in this
behalf, such officer shall submit a report of all
particulars of confiscation to the Excise
Commissioner within one month of such
confiscation.
(7) Any person aggrieved by an order of
confiscation under sub-section (3) may, within
one month from the date of the receipt of such
order, appeal to the court of session having
jurisdiction.” .
3. In the principal Act, after section 43 as so
amended, the following shall be inserted, namely:-
“43A. Order of confiscation and
destruction not to interfere with other
punishment.– (1) The order of any confiscation
under sub-section (3) of section 43 shall not
prevent imposition of any other punishment to
which the person affected thereby is liable under
this Act.
(2) Notwithstanding anything contained in
any other law for the time being in force, the
non-production of confiscated property before the
trial court due to disposal of such property, shall
not affect the conviction for an offence under
this Act:
Provided that the samples of liquor and the
photographs of the confiscated property may be
preserved to meet the evidentiary requirements.”.
Insertion of new
section 43-A.
157
PART–II]
LA GAZETTE DE L'ETAT
STATEMENT OF OBJECTS AND REASONS
In order to provide a uniform law relating to production, possession,
import, export, transport, purchase and sale of liquor and intoxicants and
to perform the duties in connection with the detection, investigation and trial
of offences related to illicit manufacture, possession, sale and transport
of liquor and intoxicants in the Union territory of Puducherry, the Puducherry
Excise Act, 1970 was enacted. The offences and penalties against the violators
of the Act have been dealt in Chapter-VII of the Puducherry Excise
Act, 1970. The excise squad has over the years detected several offences
related to illicit manufacture, possession, transport and sale of intoxicants
and tried the offences in the Hon’ble Court of Law, after registration of FIR
in the excise police station.
The intoxicants along with the persons and property involved in the
offence are produced in the court. The trial of the offences takes a very long
time and the property seized are kept at the safe custody of the investigating
officer till the trial of the case is completed. This has led to piling up of
vehicles in the excise police station and the valuable vehicles got degraded
by efflux of time. Hence, necessary legal provisions have been proposed to
empower the Excise Commissioner or any other officer authorised by the
Government to confiscate and dispose off the property without prejudice
to the trial of the cases by the Court of Law for the offence committed,
on par with the provisions as available in Tamil Nadu Prohibition Act, 1937
and Andaman and Nicobar Islands Excise Regulation, 2012.
The property confiscated shall be disposed off by public auction and
proceeds remitted into the excise revenue account under the Act. In order to
expedite the process of confiscation and disposal of the property by the
Excise Commissioner, amendments are proposed in the relevant sections of
the Puducherry Excise Act, 1970.
For the above purpose, a Bill titled as the Puducherry Excise (Amendment)
Bill, 2013 is proposed to be enacted.
The bill seeks to achieve the above objects.
N. RANGASAMY,
Chief Minister.
158
LA GAZETTE DE L'ETAT
[PART–II
ADMINISTRATOR’S RECOMMENDATION UNDER
SUB-SECTION (1) OF SECTION 23 OF THE
GOVERNMENT OF UNION TERRITORIES ACT, 1963
(Copy of Letter No.5544/DCE/SQD/2012, dated 16-7-2013 from
Hon’ble Thiru N. Rangasamy, Chief Minister to the Hon'ble Speaker,
Legislative Assembly, Puducherry.)
The Lieutenant-Governor, Puducherry having been informed of the
subject matter of the proposed Puducherry Excise (Amendment) Bill, 2013
regulating the confiscation and disposal of all the things liable for confiscation
under the said Act, in the Union territory, recommends under sub-section (1)
of section 23 of the Government of Union Territories Act, 1963 (Central
Act 20 of 1963), the introduction in and consideration by the Legislative
Assembly of the said Bill.
R. ANBAJAGANE,
Secretary,
Legislative Assembly Secretariat.
————
online publication at “http://styandptg.puducherry.gov.in”
Government Central Press
Directorate of Stationery and Printing
Puducherry-9.