HOME, PROHIBITION AND EXCISE DEPARTMENT

[Regd. No. TN/CCN/467/2012-14.

[R. Dis. No. 197/2009.

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	TAMIL NADU GOVERNMENT GAZETTE PUBLISHED BY AUTHORITY EXTRAORDINARY

No. 402] CHENNAI, TUESDAY, OCTOBER 22, 2019 Aippasi 5, Vikari, Thiruvalluvar Aandu-2050

Part III—Section 1(a)

General Statutory Rules, Notifications, Orders, Regulations, etc.,

issued by Secretariat Departments.

NOTIFICATIONS BY GOVERNMENT

AMENDMENTS TO THE TAMIL NADU DISPOSAL OF ARTICLES (CONFISCATED UNDER THE TAMIL NADU PROHIBITION ACT) RULES, 1979.

[G.O. Ms. No. 39, Home, Prohibition and Excise (VIII), 22nd October 2019, ஐப்பசி 5, விகாரி, திருவள்ளுவர் ஆண்டு-2050.]

No. SRO A-39(c)/2019.

In exercise of the powers conferred by clause (l) of sub-section (2) of Section 54 of the Tamil Nadu Prohibition Act, 1937 (Tamil Nadu Act X of 1937), the Governor of Tamil Nadu hereby makes the following amendments to the Tamil Nadu Disposal of Articles (Conﬁ scated under the Tamil Nadu Prohibition Act) Rules, 1979.

A(cid:3477)(cid:3469)(cid:3478)(cid:3468)(cid:3477)(cid:3469)(cid:3478)(cid:3484)(cid:3483).

In the said Rules,-

(1) for rule 3, the following rule shall be substituted, namely:-

"3. Conﬁscation.- (1) When an order is received from a competent authority for the conﬁ scation of anything seized or detained under the Act, it shall be disposed of by the competent authority in the manner speciﬁ ed in the Table below:-

III-1(a) Ex. (402)

[ 1 ]2 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

THE TABLE
Conﬁ scated articles. (1)	Manner of disposal. (2)
(1) Arrack, toddy, country liquor, etc., (2) Indian Made Foreign Spirits/Beer/ Wine in open bottles or in bottles whose labels and capsules are not intact or where sedimentation is found. (3) Foreign spirits in open bottles or in bottles whose label and capsules are not intact or where sedimentation is found.	The liquor shall be destroyed by the competent authority adjudging the conﬁ scation and the empty receptacles, if ﬁ t for sale, shall be sold in auction after clearing all traces of liquor.
4) Foreign liquor in unopened bottles with their labels and capsules intact. (5) Indian Made Foreign Spirits/ Beer / Wine in unopened bottles with their labels and capsules intact.	The competent authority adjudging the conﬁ scation shall send the bottles to the Deputy Commissioner/ Assistant Commissioner (Excise) of the concerned district. The Deputy Commissioner / Assistant Commissioner (Excise) concerned shall consult the Director of the Tamil Nadu Forensic Science Department whenever, there is doubt or suspicion in regard to the quality or ﬁ tness for consumption of the stock so seized. The Director of the Tamil Nadu Forensic Science Department shall report to the concerned Deputy Commissioner / Assistant Commissioner (Excise), the full details of the liquor found ﬁ t for consumption. The Deputy Commissioner / Assistant Commissioner (Excise) concerned shall arrange to hand over the stocks, which are in good condition, to the nearest Tamil Nadu State Marketing Corporation Limited Depot. In case of stocks, which have been certiﬁ ed by the Director, Tamil Nadu Forensic Science Department as unfit for consumption, shall be destroyed by the Deputy Commissioner / Assistant Commissioner (Excise) concerned in the presence of not less than two independent witnesses and the empty receptacles, if ﬁ t for sale shall be sold in auction after clearing all traces of liquor.
(6) Denatured Spirit or methyl alcohol. (7) Spirituous preparations containing denatured spirit.	These shall be destroyed by the competent authority adjudging the conﬁ scation and empty receptacles, if ﬁ t for sale, shall be sold in auction after clearing all traces of liquor.
(8) Rectiﬁ ed Spirit.	The Competent authority adjudging the conﬁ scation shall hand over the rectiﬁ ed spirit to the Assistant Commissioner (Excise) concerned. The Assistant Commissioner (Excise) shall sell the rectiﬁ ed spirit to the licensees under the Tamil Nadu Rectiﬁ ed Spirit Rules, 2000 in auction, provided it is certiﬁ ed by the Director, Tamil Nadu Forensic Science Department that such rectiﬁ ed spirit is ﬁ t for use. If such rectiﬁ ed spirit is unﬁ t for use as so certiﬁ ed by the Director, Tamil Nadu Forensic Science Department or if there is no such licensee to purchase such rectiﬁ ed spirit even after conducting auctions for not less than three times, such rectiﬁ ed spirit shall be destroyed by the Assistant Commissioner (Excise) in the presence of not less than two independent witnesses.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 3

(2) (a) When an order is received from the competent authority for conﬁ scation of vehicle, the vehicle so conﬁ scated shall be disposed of by the committee constituted for the purpose in each district comprising of the following oﬃ cers, namely:-

(1)	Collector of the District	Chairman
(2)	Superintendent of Police and Commissioner of Police (of the District / Corporation concerned)	Convener
(3)	Zonal Superintendent of Police, Enforcement Wing (of the Chennai / Salem / Madurai zone)	Member
(4)	Additional Superintendent of Police (Headquarters) (of the District)	Member
(5)	Deputy Commissioner (Excise) / Assistant Commissioner (Excise)	Member
(6)	Automobile Engineer of the Government Automobile Workshop, Motor Vehicle Maintenance Department (of the District)	Member
(7)	In all cities, other than Chennai City, Deputy Commissioner of Police (Law and Order)	Member
(8)	In Chennai City, Additional Deputy Commissioner of Police (Enforcement)	Member

(b) The Committee shall dispose of the conﬁ scated vehicle in any one of the manners speciﬁ ed in column (1) of the Table below, as deemed ﬁ t, by following the procedure speciﬁ ed in the corresponding entries in column (2) thereof:-

THE TABLE

Manner of disposal of conﬁ scated vehicle. (1)	Procedure to be followed for the disposal of vehicle. (2)
(1) Induction for use of Government Departments.	(a) The committee shall order the vehicle to be inducted for use of Government departments, if the vehicle is certiﬁ ed to be ﬁ t and appropriate for induction by the Automobile Engineer of the Government Automobile Workshop (Motor Vehicle Maintenance Department) in the District.
	(b) The Chairman of the committee, namely, the District Collector shall report to the Director, Motor Vehicles Maintenance Department, Chennai, the full details of the vehicle, including the number and type of vehicle.
	(c) The Director, Motor Vehicles Maintenance Department on receipt of the report shall order the vehicle to be kept in safe custody in a Government Automobile Workshop and shall include the vehicle in the list of vehicles available under the common pool and circulate it to the Government Departments.
	(d) The department which requires the vehicle shall intimate the Director, Motor Vehicles Maintenance Department. The expenses for the registration of the said vehicle in the name of the Government shall be borne by the department concerned.
(2) Auctioning of the conﬁ scated vehicle.	In case of a vehicle which is road worthy but has not been certiﬁ ed as being ﬁ t and appropriate for induction for use of Government Departments.
	(a) The committee shall have the value of the conﬁ scated vehicle ﬁ xed by the concerned Automobile Engineer of the Government Automobile Workshop of the Motor Vehicle Maintenance Department in the district;
	(b) The Additional Superintendent of Police (Headquarters) of the district, shall arrange for the vehicle to be disposed by inviting sealed tenders or through public auction and shall also provide wide publicity for inviting oﬀ ers through sealed tenders or public auction, following the guidelines issued in this regard by the Government from time to time;
	(c) The committee shall dispose of the vehicle to the best advantage of the Government, provided it shall not be disposed at a rate less than that ﬁ xed by the Government Automobile Workshop;
	(d) The Convener of the committee shall report to the Additional Director General of Police (Enforcement) and the Commissioner of Prohibition and Excise once in three months, details as to the number and the type of vehicles ordered for conﬁ scation by the competent authority, the value ﬁ xed for the said vehicles by the Government Automobile Workshop, the amount it fetched through sealed tender or public auction and the amounts that have been deposited in the relevant head of account containing date of remittances etc., The Additional Director General of Police (Enforcement) shall send a consolidated report on the disposal of conﬁ scated vehicles to the Government once in three months.
3. Destruction of the conﬁ scated vehicle.	In the case of a vehicle which is certiﬁ ed to be unﬁ t for induction for use of Government departments and for auctioning, by the Automobile Engineer of the Government Automobile Workshop (Motor Vehicle Maintenance Department) in the district, the committee shall order the vehicle to be destroyed and the vehicle shall be destroyed in the presence of all the members of the committee or their representatives by drawing the destruction proceedings.

4 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(2) for rule 4, the following rule shall be substituted, namely:-

"4. Sale of Animal, Vessel, Cart or Any Other Movable Property. - (1) The animal, vessel, cart or any other movable property conﬁ scated shall be sold by public auction to the highest bidder.

(2) No sale of any perishable articles, ordered to be conﬁ scated, shall be postponed on account of the preferring of an appeal against the order of conﬁ scation. The sale of any animal, vessel, cart or package or receptacle or covering or any other movable property ordered to be conﬁ scated shall not be postponed on such account unless the owner thereof or his agent deposits with the competent authority ordering the conﬁ scation, such sum as such competent authority may consider suﬃ cient for keeping, the safe custody of such animal, vessel, cart or other movable property, as the case may be, pending result of such appeal. If the order for conﬁ scation is reversed on such appeal, the owner shall be entitled to receive back the whole of the sum, so deposited.".

NIRANJAN MARDI, Additional Chief Secretary to Government. PRINTED AND PUBLISHED BY THE DIRECTOR OF STATIONERY AND PRINTING, CHENNAI ON BEHALF OF THE GOVERNMENT OF TAMIL NADU

HOME, PROHIBITION AND EXCISE DEPARTMENT - AMENDMENTS TO THE TAMIL NADU DISPOSAL OF ARTICLES (CONFISCATED UNDER THE TAMIL NADU PROHIBITION ACT) RULES, 1979.