III-1(a) Ex. (402)

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

TAMIL NADU

GOVERNMENT GAZETTE

EXTRAORDINARY

PUBLISHED BY AUTHORITY

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

GOVERNMENT OF TAMIL NADU

[R. Dis. No. 197/2009.

2019

[Price: Rs. 1.60 Paise.

[ 1 ]

HOME, PROHIBITION AND EXCISE DEPARTMENT

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,

äŠðC 5, Mè£K, F¼õœÀõ˜ Ý‡´-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.

Aඕඍඖඌඕඍඖගඛ.

In the said Rules,-

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

“3. Conﬁ scation.- (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:-

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

(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.

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;

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Manner of disposal of conﬁ scated vehicle.

(1)

Procedure to be followed for the disposal of vehicle.

(2)

(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;

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.

(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