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Puducherry Gazette · Government of Puducherry

THE PUDUCHERRY EXCISE (AMENDMENT) ACT, 2013.

Published 26 August 2013

Department
LAW DEPARTMENT
Type
Extraordinary
Gazette no.
40
Part
II
Identifier
in.gazette.puducherry.2013-08-26.extraordinary-ii-issue-40
Languages
English, Tamil, French
Published at
Original source ↗

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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.

Cite this issue. Puducherry Gazette, Government of Puducherry, 26 August 2013. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.puducherry.2013-08-26.extraordinary-ii-issue-40/. Archive identifier in.gazette.puducherry.2013-08-26.extraordinary-ii-issue-40.