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La Gazette de L' État de Poudouchéry
The Gazette of Puducherry
PART - II
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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 :—
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26 {
No. 40
Poudouchéry
Lundi
26
Août
2013
No.
Puducherry
Monday
26th
August
2013
( 4 Bhadra 1935)
232
LA GAZETTE DE L'ETAT
[PART–II
THE PUDUCHERRY EXCISE (AMENDMENT)
ACT, 2013
(Act No. 7 of 2013)
AN
ACT
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.
(3-8-2013)
Act
No.12
of
1970.
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.” .
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.
Insertion of new
section 43-A.
online publication at “http://styandptg.puducherry.gov.in”
Government Central Press
Directorate of Stationery and Printing
Puducherry-9.