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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.