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La Gazette de L' État de Poudouchéry
The Gazette of Puducherry
PART - II
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®ı Amflºƒˆ ]∫Ô'˛wÁ\ 2013 } gÔ¸' | 26 { No. 40 Poudouchéry Lundi 2 6 Août 2013
No. Puducherry Monday 26th August 2013
( 4 Bhadra 1935)
GOVERNMENT OF PUDUCHERRY
LAW DEPARTMENT
No.157/Leg./2012-LD.
Puducherry, the 22nd August 2013.
The following Act of the Legislative Assembly, Puducherry has received
the assent of the Lieutenant-Governor, Puducherry, on the 3rd August, 2013
and is hereby published for general information :—
[ 231 ] 232 LA GAZETTE DE L'ETAT [PART–II
THE PUDUCHERRY EXCISE (AMENDMENT)
ACT, 2013
(Act No. 7 of 2013)
AN
(3-8-2013)
A C T
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
Short title and c o m m e n c e m e n t . Excise (Amendment) Act, 2013.
(2) It shall come into force at once.
Amendment of section 43.
2. In the Puducherry Excise Act, 1970 (herein- a f t e r r e f e r r e d t o a s t h e p r i n c i p a l A c t ) , i n section 43, after sub-section (2), the following sub-sections shall be inserted, namely:—
A c t N o . 1 2 of 1 9 7 0 .
"(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:
233
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) an opportunity of making 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 in the public interest so to do, he may 234 LA GAZETTE DE L'ETAT [PART–II
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." .
Insertion of new section 43-A.
3. In the principal Act, after section 43 as so amended, the following shall be inserted, namely:-
"43–A. 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.".
T.T. GAMDIK, I.A.S., Law Secretary to Government.
online publication at "http://styandptg.puducherry.gov.in" Government Central Press Directorate of Stationery and Printing Puducherry-9.