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1937 : I'.N. Ad prohibition 507
THE TAMIL N4DU PROHIBITION ACT, 1931.
TABLE O F CONTENTS.

1. Short title, extent and commencement.

2. Repeals.
3. Definitions.

CHAPTER AND PENALTIES.

11-PROHIBITIONS
4. Prohibition of the manufacture of, traffic in,
and consumption of, liquor and i~toxica-
ting drugs.
4-A. Punishment for being found in a state of
intoxication.
5. Punishment for rendering or attempting to
render denatured spirits fit for human
consumption.
6. Prohibition of advertisements.
6-A. Control and regulation of molasses.
7. ~unishnient for conspiracy.
8. Pu~ishmentfor vexatious search or arrest.
9. Punishment for vexatious delay.
10. Punishment for abetment of escape of per-
sons arrested, etc.
11, Punishment for offences not otherwise pro-
vided for,
1 2, Pqnishmat for abetment of offence against
Act in area to which Act is not extended.
13, Things liable to confiscation,
 --
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Prohibition '[1937 : T.N. Act X

14. Confiscation how oldmed.

15. Offences under 4ct to be cognizable.
15-A. Summary trial of certain offences.
1 5 ~ Enhanced
. jurisdiction of Magistrates and
Special Magistrates.
15-c. Certain offences to be, non-bailable.

TIT-EXE~TPTIONS
CHAPTER AND L I C B ~ C E S .

-16. Power to notify exemptio~s.

16-A. Autllorities for bona firle relicjous ptrposes.
17. Exemption of borln Jide travellers and law-
ful consignments.
17-A.Exemption of membtrs of armed forces, etc.
17-B.Licence for manufacture of potable liquor.
18. Licences for botln fi/e medicinal or other
purposes.
1 8 4 . Excise duty or countervailing duty on liquors
and intoxicating drugs.
19. Licenczs for tapping for sweet toddy, crc.
20. Permits and licences.
204. Matters to be taken into consideration
by the licensing authority.
QO-B. Co- ope^ ative socictics to be given preference.
21. Form and conditions of' licences and permits.
21-a. Levy of sales tax on sales of forcign liquor
to permit holders.
22. Counterpart agreement to be executed by
licensees.
23. power to cancel or suspend licences and per-
mits. /
!
24, penalty for breach of the conditions of licences
and permits,
24-A. [Omitted.]

1
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1937 : T.N. Act X] Prohibition 509

' /
C H A ~IV-EST,IBLISHXBNT
R AK D CONTROL
SECTIONS.
25. Appointtnellt~ x f Officers and withdrawal of
powers.
I

25. Prohibition Conlmittees,

27, Power of SLLrti Government to authorize 1
officers to admit per>ons arrested to bail.

CHAPTBR V-PUWBRS. DUTIES

A N D PROCEDURE
Or: OFFICERS,ETC.

28. Issue of search ucrrrants.

29. Powers of entry :ind search without warrant.
30. Powers of entr! and inspection.
31. Power to use f~)rcein case of rcsistarcc to
cn try.
32. Asrcst of offcnd:l.s and seizure of contraband
liquor and :~rticlcs \vitilout warrallt.
33. Arrcbt of pcl.>c?11>1.cfusinrr to give llamc or
giving fal4c n:ltl~c.
34. Scaschcs Ilotv t,. IIC 1 n ; ~ d ~ .
35. I>utY of ollicials of ail dcpal-tmcnts and local m

boclies to i i s s i ~ ~ .
36. Ofincc\ to be reported, etc.
37, La~ldilolclcrsnr~dothers to give information.
38. P C V S Onrrc~tcd
II~ h o w to be dc:llt with.
Procedi~rcof Police station officer.
Proccc:Llr.c o f Policc or Prohi bition 0fic-r
ctnpowcrcd tu inquire.
39. Perbon\ arrested to be admitted lo bail.
40. Bond of accused and sureties.
41. Procedure in case of default of person
admitted to baj1 to appear before Prohibi-
tion Officer.
 . ... .... .
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51 Prohibition [I937:T.N. Act X

Smor*ts.
41-A. Obtaining of medical certificates in the
case of persons found in a state of intoxi-
cation.
42. Power of Police or Prohibition Officer to
summon witnesses. 6

43. 'Ierms of summons.

1 44. Examination of witnesses.
45. When attendance of witnesses to be dispensed
with, and procedure in such cases.
46. Power of Police or Prohibition Officer to
summon suspected persons.
47. Law relating to criminal courts as lo summon-
ing of witnesses to apply.
48. Rtport of Police Oi. Prohibition Oacer
to give jurisdiction to competent Magis-
trate. /
49. Powers. of Police and Prohibition Oficers to
causc attendalicc of witnesses bcfore Magis-
trntf.
50. Proct.dure after arr.cst.
51. Policc to take charge of articlcs scitcd,
52. Po4c.r ul' District Mugistrntc to trausfcr cabcs.
52-A. Sccurity for ::bstaining from commisbion
of ccrtain offc~,ccs.
52-B. Pa\\cr to relc:~sc certai~> olYenders on pro-
b;irioti of good conduct.
52-c. P r ~ c c d ~ ~inr eC;ISC of ofrC11der failing to
obscrtc conditions of bolld.
52-0. Provisiur~:is t o bonds.
53. O p e r ~ioll
t of the Code of Criminal Procedure,
189s.
53-A. Prohibition Officer deemed to be 'a Police
L dfficer for certain purposes.
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(TAMIL NADU) ACT No. X OF 1937 ',

ITHE'(TAMILNADU)PROHIBITION
Am, 1937.3
(Received the assent of the Governor on rhe 1st October
1937; first published in the Fort St. George Gazette
of the 1st Ocfober 1937.)
These words were substituted for the word " Madras" by the
Tamil Nadu Adaptation of Laws Order. 1969, as amended by the
Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.
"or Statement of Objects and Reasons, see Part N of the Fort
St. George Gatette(Extraordinary), dated the 17th September 1937,
pages 24-25 ; for proceeding in Assembly, see MadraS Legislative
Assembly Debates, dated the 25th September 1937, No. 11 of Volume
m, pages 849-865 ; for Report of the Select Committee, see ibic?,
dated the 27th September 1937, No. 12 of Volume 111, pages 934-959
and for proceedings in Assembly, see ibicf, pages 910-925 ;for pro-
ceedings in Council, see Madras Legislative Council Debates, dated
the 28th September 1937, No. 8 of Volume TI, pages 310-328 and
336357 and ibid, dated the 29th September 1937, No. 9 of Volume 11,'

in force in that temtory.

By virtue of the Tamil Nadu Prohibition (Supplementary) Act,
1341 (Tam11Nadu Act XI of 1941). the provisions of the Tamil Nadu
Prohibition Act, 1937, in regard to intou~c:itingdrugs shall apply to
cvcry intoxicating drug as therein defined although such drug may be
ir dangerous druk.
So much of thts Act as was in force on the date of the commence-
nlcnt of the Tnmil Nadu (Added Territories) Extension of Laws
Act, 1964 (Xullil Nadu Act S of 1964) in thc State of Madras except
in the added terrltortes was extended to the added terrltorlcs by

--*-*"-.-&--..------* -
-
....z
+
, ,,-i-,._u+LL(IIL?~^.. *----r.,.,.l..,------- -I"--.-
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LatestLaws.com
1937 :T.N. Act X] Prohibition 513

An Act to introduce and extend the prohibition

of the manufacture, sak and consumption of
intoxicating liquors and drugs in the '[State of
Tamil Nadu].
WHER~A~ it is e x w e n t as early as possible to bring
about the prohibition, except for medicinal, scientific,
industtial or such like purposes, of the production,
manufacture, possession, export, import, transport,
purchase, sale andconsumption of intoxicating liquors
and drugs in the '[State of Taniil Nadu];
AM) WIIEREAT it is desirable to give effect to the
abovementioned policy by introducing it in certain
selected areas in the '[said State] and utilizing the
experience gained therein for extending it to the other
areas thereof ;
It is hereby enacted as follows :-
CHAPTER I

1 . (1) This Act may be called the "amil Nadu] s h o r t title,

Prohibition Act, 1937. extent and
commence-
meof.
(2) It extends to the whole of the '[State of Tamil
Nad u] .
(3) (a) This stction aud sections 3 and 6 s h l l
come into force i n the whole of the '[State of Tamil
Nad~r)at once.
1 This expression was substituted for the expression "Province of
Madras" by theTamil Nadu Adaptation of Laws Order, 1970, which
was dearned to have come into force on the 14th January 1969.
These words wore substituted for the words "said Provinccw I
by paragraph4 of, and the Schedule to, ibid.
s These words were cubstituted for tho word I' Madras" by the
Tamil Nadu Adaptation of Laws Ordcr, 1969, as amended by the
Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.
4 This expression was substituted for the expression "State of
Madrasw by ibid.
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(ii) in any other local area in th%'[tate of

Tamil Nadu] on such date as the '[State] Government
may, by notification, agpoint.
2. From the date on which the provisions of this
Act other than sections 1, 3 and 6 come into force in
any iocal area, the enactments mentioned in '[Schedule
I] shall cease to be in force in such area to the extent
specified in the fourth column thereof :
Provided that the "State] Government may, by
notification, declare that the provisions of this Act
other than sections 1, 3 and 6 shall cease to be in force
in any local area on such dates as may be specified
in the notification and thereupon the enactments
mentioned in '[Schedule I] with any subsequent
statutory modifications thereof shall revive and come

4[Explanation.-For the removal of doubts, it is

area with effect on and from such date as may be

specified in the notification.]
-
1This expression was substituted for theMexprcscion"Stab of
Madras" by the Tamil Nadu Adaptafion of Laws Ordsr, 1969, as
m n d d by the Tamil Nadu Adaptation of Laws (Second Amend-
ment) Order, 1969.
This word was aubstituted for the word "Provincial" by tb
Adaptation Order of 1950,
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!
3. In this Act, unless there is something repugnant Detlnitions. I

in the subject or context-

(4) " Commissioner " means the officer appoin- "commis-

ted under clause (a) of section 25 ; sioner."

(5) cultivation " includes the tending or pro- "cultiva-

"

tecting of a plant during growth and does not necessarily tion'''

imply raising it from seed ;
(6) export " means-
" *export."
(a) to take out of any local area to which this
Act applies to any other local area in the '[State of
Tamil Nadu] to which this Act has not been extended,

(b) to take out of the '[State of Tamil Nadu]

otherwise than across a customs frontier as defined
by the Central Government ;
(7) import " means-
" < import"

(a) to bring into any local area to which this

Act applies from any other local area in the '[State
of Tamil Nadu] to which this Act has not been extended,
or
(b) to bring into the '[State of Tamil Nadu], I
otherwise than across a customs frontier as defined
by the Central Government ;
1 This expression was substituted for the axptesslon State, of
i
I I

!
flaws Order 1969, as
Laws (second Amand-
I
, * i
i ''
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LatestLaws.com

(8) intoxicating drug " means-

(ii) charas, that is, the resin obtained from the

Indian hemp plant, which has not been.submitted to
any ~nanipulations other than those necessary for
packing and transport ;

(iii) any mixture, with or without neutral

materials, of any of the above forms of intoxicating
, any drink prepared therefrom ; and
d r ~ g or
~ i v )any other intoxicating or narcotic sub-
stance which the '[State] Government may, by notifi-
cation, declare to be an intoxicating drug, such sub-
stance not being opium, coca leaf, or a manufactured
drug, as defined in section 2 of the Dangerous Drugs Central

(9) " liquor " includes toddy, Tarrack], spirits

of wine, 3[denatured spirits], spirits, wine, beer and
all liquid consisting of or containing alcohol;

~ne'anssubjected to
[4Explnnation.-''D~~~~1t~~red"
a process prescribed by the State Goverriment by
notjfication for the purposc of rerdering unfit for
hums11 consumption.J

- -- - - - .- -- -- - -_ ..._- .

1 This word was substituted for the word "Provinciap the

Adaptation Order of 1950.

a These words waro substituted for the words "metblatod

spirit" by section 3 (a) (if) fbld.
 LatestLaws.com

1937 :T.N. Act XI

i '
(10) local body " means the Corporation of " local badyo't. I,
Madras, any municipality constituted under the
il '[Tamil Nadu] District Municipalities Act, 1920, or 1
m y local board * constituted under the 'flaxnil Nadu]
Local Boards Act, 19207;

20. I

. (I 1) " manufacture " includes every process, manufac- s6

whether natural or artificial, by which any fermented, m e " *

spirituous, or intoxicating liquor or intoxicating drug
is produced, prepared or blended, and also re-distilldion
and every process for the rectification of liquor ;
"(11-A) ' molasses' means the heavy d a k
coloured residual syrup drained away in the final
stage of the manufacture of gur or sugar containing,
irr solution or suspension,sugars which c m be fermented
and includes any product formed by the addition
to such syrup of any ingredient which does not sub-
stantially alter the character of such syrup ; but
does not inclu4e any article which the State Govern-
ment may, by notification, declare not to be molasses,
for the purposes of this Act ;
(11-B) ' neera or padani ' means juice drawn
from a coconut, palnlyra, date or any other kind of
palm tree into receptacles treated so as to prevent
ally fermentation and not fermented ;]
(12) " place " includes also a house, shed, en- I '
closure, building, shop, tent and vessel ;
c6
,: !

I
----- -
1 These words were substituted for the word Madra~"by the
Taqil Nadu Adaptation of Laws Order, 1969, as amen& by the
Tamil Nadu Adaptatioflof k w s !Second Ammdment) O*, 1969.
These clauses were inserted by section 3(b) of the Tad1 Nadu
,! prohibition (Amendment) Act, 1958 (Tamil Nadu Act Vm of '1958).
* NOW tho dist~ictboard, panhayat union council and m y a t .
t Now t h: Ttlmil Nadu pistrict Boards Act, I920 (Tdl Nad& "'
F
Act XIV of 1920). the Tam11 Nadu Villa PanchayatsAct, 1950,
Tamil Nadu Act X of 1950) and the T a d Nadu
1958 Fami1 Nadu Act 2CXX\r of 1958).
~c
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LatestLaws.com

(13) " police station" includes any place which

the '[State] Government may, by nqtScation, declare
to be a police station for the purposes of this Act ;

(15) " rectification " includes every process where-

by spirits are purified or are coloured or flavoured by
mixing any material therewith ;
lrsale"~r (16) sale " or " selling " includes any transfer
seiling I' including gift ;
11 ,*
sMfi 2[(17) " spirits " means any alcohol and includes
any liquor containing alcohol and obtained by dis-
tillation, whether such liquor is denatured or not ;
Explunation. -"Denatured " means subjected to a
process prescribed by the State Government by notifi-
cation for the purpose of rendering unfit for human
consumption.]
I
a toddy y9 (19) toddy " means the fermented or unfer-
mented juice drawn from a coconut, palmyra, date, or
any other kind of palm tree ; 7 1
I' transpo~~)) (20) " transport " means to move from one
place to another within any local area to which this
Act applies '[ ;and
1 This word was substituted for the word "Provincial " by the
Adaptation Order of 1950. d

a This clause was substituted for the original clause (17) by section
3(c) of the Tamil Nadu Prohibition (Amendment) Act, 1958 earnil
Nadu Act of 1958).
3 Clause (18) was omitted by section 3(4, {bid,

4 The word and " was omitted by section 2(1) of tho M&
Prohibition (Second Amendmt) Act, 1938 (Madras Act X
1938).
'6 This was added by eaction 2(11), ibld.
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I 1937: T.N. Act X] ~rohi~iian

(21) any references to a permit generally or 10 a
A

permit granted under section 18, 19 or 20 shall bf

constlued as including a reference to an * Author1tY
issued under section 16-A].

II CHAPTER I1
Prohibitions and Penalties.
'[4. (1) Whoever- Prohibition
of the rnanu-
(a) imports, exports, transports or POSRCNPOSfacture of, trdilc
liquor or any intoxicating drug; or in, and con-
sumption of,
(b) manufactures liquor or any intoxion1 I I I liquor
~ a d
intoxicating
drug ; or drugs.
(a) except in acoordance with the rules ltt#e
by the State Government in that behalf, cultivates 1 /I(:
hemp plant (Cannabis sativa); or collects any po 1.1 i c 1I I
of such plant from which an intoxicating clrug ccilrk
be manufactured; or
(d) taps any toddy-producing tree or ~ ~ I V i IL;<I
or suffers to be tapped any toddy-producing 11l.c
belonging to him or in his possession; or
( e ) draws toddy from any tree or perm j [N I )"

suffers toddy to be drawn from any tree belongill/!1 0

him or in his possessioll ; or
(f) constructs or works 811y distillery 0 1
brewery; or
( g ) uses, keeps or has in his possession 11rr.y
materials, still, utensil, implement or appar:~ (I I ~
whatsoever for the tapping of toddy or the man111rt.r.-
tnre of liquor or any intoxicating drug, or keep^ c jr
has in his posseselon any materials which Ilrrv~:
undergone any prooess towards the manufactur, c 11' I

liquor or any intox.oat~ngdrug or from which II~I.Y

liq~loror iatoxioating drug has been manufactured ; 11' (
I
I
I

(11) bottle8 any liquor for purposes ofsale; or4 I

was substituted for the originalsection 4 by s t j u t l A
dment) Act, 1958 (Tamil Nkt lrl
I .

\
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Cj) consumea or bujm liquor or.any intoxicat-

(k) allows ang of the a q s afordsaid upon

premises in his immediate possession,
shall be punished-
(i) in the case of an offence falling under
1 clause (b), clause (f), clause (g), clause ( h ) or clause
( i ) , or an offence falling under clause (k) in so far as
it relates to an act specified in any of the clauses
aforesaid, with imprisonment for a term which may
extend to two years and with fine *vhich may extend
to five thousand rupees, but in the absence of
special and adequate reasons to the contrary to be
mentioned in the judgment of the Court, such
imprisonment shall not be less than six months and
such fine shall not be less than one thousand
, rupees, in the case of an offence falling tinder clause
(b), clause ( f ) ,clause (h) or clause (i) or an offence
falling under clause (k) in so far as it relates to an act
speoified in any of the clauses aforesaid;
(ii) in any other case with imprisonment
tor a term which may extend to one year and with line
which may extend to two thousand rupees, but in
4
the absence of special and adequate reasons to the
contrary to be mentioned in the judgment of the
Court, such imprisonment shall not be less than three
months and such fine shall not be less than five
hundred rupees, in the case of the offence of import,
export or transport of liquor or any intoxicating
drug falling under clause (a) :
Provided that nothing contained in this sub-
section shall apply-

-,... ." .- -

-
i L . i e L i l - l ^

- -- -
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1937 :T.N. Act XI Prohibition 521

C

(2) Tt shall be presumed until the contrary is /*

shown-
(a) that a person accused of any offence I

under clauses (a) to ( j ) of sub-section (1) has com-

mitted such offence in respect of any liquor or intoxi-
cating drug or any still, utensil, implement or apparatus
whatsoever for the tapping of toddy or the manufac-
ture of liquor or any intoxicating drug or any suc11
materials as are ordinarily used in the tapping of
toddy or the manufacture of liquor or any intoxi-
cating drug or any materials which have undergone I
any process towards the manufacture of liquor or
any intoxicating drug or from which any liquor or
intoxicating drug has been manufactured, for the
possession of which he is unable to account satis-
factorily ,and
(b) that a person accused of any offence
under clause (k) of sub-section (1) has committed
such offencc if an ofi'ence is proved to lave been
committed in premises in his immediate possession
in respect of any liquor or intoxicating drug 0;.
any still, utcnsil, implement or apparatus whqt a soevcr
for the tapping of toddy or the manufilcture of liquor.
or any intoxicating drug or any such nuterials as are
ordi~larilyused in the tapping of toddy or the manu-
fact1rr.c of licluor or ally intoxicati;::: drug ur any
materials which have undergone any proces, toward.
the mnanufiicture of liqnor or any intoxicnting drug or
from which ally liquor or irIloxica1ing tl~.ughas been
manufnct111.cd.l
1 ~ 4 4 Whoever
. is found in a state of intoxication Ycu,ishent
in any public place and whoever, not having bcell for being
pcrrnitted to consume any liquor or intoxicating drua found in
in p ~ ~ r s ~ ~ of
a n cthis
o Act, is found in n state of intoxi- a state of
a t i o n in any private place, shall be punished with intoxication.
imprisonment which may extend to six months, or -
with fine which may extend to one thousand rupees,
o r with both.'l
I
- ---...-- -
1 This section was insertcd by sectioll2 of the M;ldrd~Prohjbitioll
n t ) 1947 (Madras Act XXI of 1947).
( ~ ~ ~ e n d r n aAct,
I \

\
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of special and adequate reasons to the contrary to

be mentioned in the judgment of the Court-
(i) such imprisonment shall not be less than
six months and such fine shall not be less than seven
hundred and fifty rup2es for a first offence ;

11
\

(ii) such imprisonment shall not be less than

nine months and such fine shall not be less than one
thousand rup2:s for a second offence ; and

(iii) such imprisonment shall not be less than 1

one year and such fine shall not be less than one I

thousand five hundred rupees for a third and

subsequent offences.]

For the purpose o f this section it shall be presumed,

until the contrary is proved, that any spirit 3 [ ~ r
t
preparation containing spirit] which is proved on
chemical analysis to cmtain any quantity of any of the
prescrib,-<ldenaturants is, or contains or Iias bcet~,
derived from, denatured spirit. I

- .....-
The word " British '* was onlittcd by the Adaptation (Amend-
I
ment) Order of 1950.
SThese words were inserted by section 2 (i) of the Madl'i~sProhi-
bition (Amendment) Act, 1950 (Madras Act XXXI of 1950).
9 These words wore insertedb) section 2 (ii)? ibjfh

4 The portion within square b1~11bkot3 Ha$ substitutad for the

words '' with imprisonment which may extad to two yeare or with
fine which ma extend to five thousand rupuos 01 with both1* by
wtlqn 5 of t L ~ a d Nadu l Proh~bitron(Ammatnent) Act* 19%
(T-1 Nadu Act Vm of 1958).
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LatestLaws.com

1937 : T.N. Act XI

6. Whoever priats or publishes in any newspaper, Prohibition i: /
book, leaflet, booklet or any other single or periodical g&yi*
publication or otherwise displays or distributes any
advertisement or other matter l[ 1, soli- I
citing the use of, or offering any liquor or intoxicating
drug other than liquor or drugs exempted under section
16, a[ .
. . 1 shall be punished "with imprisonment I
,
which may extend to six months or with fine which
may extend to one thousand rupees or with both] :

Provided that this section shall not apply- )

(a) to plain cptalogues and price lists which may

be generally or specially approved by the Commis- I

sioner ; or I /

'[(b) to advertisements in meaical journals, or

to notices and literature circulated exclusively to
members of the medical profession, if such advertise-
ments, notices or literature relate to any liquor or
intoxicating drug which has been specially approved
as of medicinal value-
'[Tamil
(i) by the Medical Council established by the
Nadu] 6LTamil Nadu] Medical Registration Act, 1914 ; or
Act I V
of 1914. - 1
-'--'- -
The word " commendingw was omitted by section 6 (a) of the
-
Tamif Nadu Prohibition (Amendment) Act, 1958 (Tamil Nadu Act
WI of 1958).
':
1 The words and figures or specially approved as of medicinal
value by the Medical Councll established by the Madras Medical
Registration Act, 1914" were omitted by Section 2 (i of
) the Madras
Prohibition (Amendment) Act, 1938 (Madras Act X of 1938).
3 Tl~ese words were substituted for the words " with fine which
may extend to one thousand rupees >' by sectipn 6 (b) of the Tamil
Nadu Prohibition (Amendment) Act, 1958 (Tam11Nadu Act VIII 0 f
1958).
C
, C
11
4 cliuscs (6) and (c) were releltrnd as clauses (c) and (d) respec-
tively, and clause (b) was inserted by section 2 (ii) of the Madras
Prohibition (Alnenhnent) Act, 1938 (Madras Act X of 1938). ,
8 These words were substituted for the word -s'* by the
Tamil Nadu Adaptation of Laws Order, 1969, as amendad by the
Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969,
 LatestLaws.com

(ii) by any ~ t h Medical

e ~ Council which has
been established under any law for the time being in
force '[in any other Statel, or which has been recognized
by the Government of such '[. ...
] State ; or
(iii) by such authority in respect of Indian
Medicine as may be notified by the I[State] Govern-
ment ; or]
'[(c)] to the normal circulation within the
j[State] of newspapers, periodicals and books printed
and published in accordance with law ourside the
b[State] ; or
'[(ci)] to any advertisement contained in a news-
paper printed and published in the S[Stare] before the
first day of January 1938.
7[6-A. (1) Except as otherwise provided in sub-
sections (2) and (3) no person shall import, export,
olasses. transport, sell or have in his possession any quantity
of molasses.
(2) The State Ciovertlnlent may, by general or
spccial order, authorise any officer to grant licences
for the import, export, sale or possession of molasses.
(3) The State Government may also authorise
any officer to grant permits for tile transport of
r~loiasses.]
_ ------ --__--
1 These worcls were subslituted for the words " in any other
lyrovincein BrilishIndia or in any Indian Statcw by thq.Adaptation
(Amendment) Order of 1950.
"he words " Province or '' wcrc omitted by ibid. 1

s This word was substituted for tile word '' Provincial,' by the
Adilptotion Ordcr of 1950.
(c) were relettered us clauses (c) and (d) respec-
I Clauses (b) i u ~ d
tively and clause (d) was inserted by section 2 (ii) of the Madras
Prohibition (Amendment) Act, 1938 (Madras Act X of 1938).
5 This wnrJ was substituted-for the word " Province *
by ibirl.
SThis word wits substituted for the word ' 4 Province l * by tho
Adaptation of Laws Ordor, 1950.
7 This section was inserted by section 7 of the Tamil Nadu Prohi-
bition (Amendment) Act, 1958 (Tamil Nadu Act VILTof 1958).
 LatestLaws.com

7. When two or more persons agree- punfshmd /

for consphw3
(a) to commit or cause td be committed any
offence under sub-section (1) of section 4 or under
section 5, or

I (b) to evade or nullify the provisions of this Act

in any area where it is in force,
each 01 such persons shall, notwithstanding that no
act except the agreement was done by m y or the parties
thereto in pursuance thereof or that the agreement
was made or the operations thereunder took place
in an. area to which this Act has not been extended,
be punished with ,imprisonment which may extend ,
to three years or with fine which may extend to five
thousand rupees or with both.
8. Any officer or person exercising powers under p-hlCnl
this Act, who- for vexatious
search or arrp
(a) without reasonable ground of suspicion,
enters or searches or causes to be searched, any closed
place ; or
(b) vexatiously and unnecessarily seizes the
property of any person on the pretence of seizing or
searching for anything liable to confiscation under this
Act ; or
(c) vexatiously and unnecessarily detains, searches
or arrests any person ; or
(6)maliciously and falsely lays information
leading to a search, seizure, detention or arrest ; or
1 (e) in any other way maliciously exceeds his
lawful powers,
shall be punished with imprisonment which may
extend to six months, or with fine which may extend
to five hundred rupees, or with both.
exercisicg powers unda Punishment f&
and unnecessarily delays vemtio~~
n Officer or t o the officer
police station as required
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(a) unlawfully releases or .abets the escape of ,.

person arrested under this Act, or abets the com-

ssion of any offence against this Act, or

shall be punished with imprisonment which may extend

to six months, or with fine which may extend to five
hundred rupees, or with both.

hnfir 11. Whoever is guilty of any wilful act or

loaenot intentional omission in contravention of any of the
for. provi-provisionsof this Act or of any rule, notification or
order made thereunder and not otherwise provided
for in this Act, shall be punished 2[with imprisonment
which may extend to six months or with fine which
may extend to five hundred rupees or with both].
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13. In any case in which c\r\ offence has been Thbgdk&

committed against this Act, the !irj\rur,drug, material, Confisaaz~
still, utensil, implement, or appsr;rt\ls iu respect or by
means of which the offence hrls been committed
shall be liable to confiscation n14\l\gwith the recep-
tacles, packages, coverings, animc\ls, vcssels, carts or
other vehicles used to hold or carry the same.

14. (1) When the offender is cc,~r~icted or when the C o ~ ~ o n

person charged with an offence nyninst this Act is hOwo*ed.
acquitted, but the Court decjdc~that anything is
liable to confiscation, such c o n f i s c r l ~may
i o ~ ~be ordered
by the Court.

'[(2) Where during the tri:ll crl' :I case for an

offence against this Act, the C O ~ I~ tlecidcs
I that any-
thing is liable to confiscation u ~ \$!I.
~ t NLI b-section (I),
the Court may, after hearing the y r l i h o ~ if~ , any, claim-
Ing any right thereto and the e v i t l t . ~ ~if'~any,
. ~ , which
he produces in suppo~.tof his clnir11, ol.tlcr the confis-
cation :

Provided that no animal, vl,hrlt.l, cart or. other

vehicle shall be confiscated, if' i l l , . owner thereof
satisfies the Court that he had jc,i:,(:cl cl11c ch:trP in
preventing the co~nmissio~l of the ,,llcrrc(:,J

2[(3)] When an offence agib~r,t~il h i h Act has been

committed but the offender is no/ Irrlown, or cannot
be found, or when anything liable I orll~\cationunder
this Act and not in the possest,lr,lr of' any person ,
cannot be satisfactorily accountal 11 r r , lhccaw shall I
be inquired into and determined Ity the Cf~JJector01
other Prohibition Officer in chilrjp of thc di~trict
I
lThe original sub-section (2) of section I4 w fmunbmd as I

wb-sect~on(3) of t b t section find this s u w L 0,was M

by setion 9 of the Tamil Nadu Prohibition ( A I I P I ~ ~ ~ ~ U N
1958
Cram1 Nadu Act VW of 1958).

\ LI
 LatestLaws.com

by any other officer authorized by the '(State)

oirernment in that behalf, who .may ,order such

Provided that no such order shall be made until

the expiration of fifteen days from the date of seizing
the things intended to be confiscated or without
hearing the persons, if any, claiming any right thereto,
and evidence, if any, which they produce in support
of their claims.
Off~under 15. All offences under this Act shall be cognizable ant,l
Act to be
c o-w o l e . and the provisions of the Code of Criminal Procedure, A C ~v
1898", with respect to cognizable offences shall apply of 1898.
to them.
Summary trial 3[15-A.Notwithstanding anything contained in
of certain offeu-
cbs. the Code of Criminal Procedure, 189ga (Central
Act V of 189S), the State Government may confer on-
(i) any Magistrate of the first class4, or
(ii) any Magistrate of the second class4 who
has exercised the powers of such Magistrate for
not less than one year, or
(iii) any Special Magistrate appointed under
5section 14 of the said Code, upon whom the powers
conferred by 6seclion 32 of the said Code on a Magist-
iate of the first class4 have been conferred, or
- /
This word was substituted for the word '' Provincial'* by the
1
Adaptation Order of 1950.
a See now the Code of Crirnin.11 Procedure, 1973 (Central Act 2
of 1974).
3 Sections 15-A to 15-C were inserted by section 10 of the Tamil
Nadu Prohibition (Amendment) Act, 1958 (Tanul Nadu Act VIII
of 1958).
r According to clauses (a) and (b) of sub-section (3) of section 3
LI t h Code
~ of Criminal Procedure, 1673. (Central Act 2 of 1974),
W~I, ~ame into force on the 1st Apr~l1974, any reference to
a baa& rate of the first class shall ba construed as a reference to
a Judicial Magistrate of the first class and any ref~renceto
u Magistrate of the second class shall be construed as a reference
to a Judicial Magistrate of the second class.
6 Now section 13 of the Code of Criminal Prooedure, 1973 (Central
Act 2 of 1974).
6 Now section 29 of the Code of Criminal Produrn, 1973 (Cantml
Act 2 of 1974),
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1937 : T.N.Aat X]

(iv) any Special Magistrate appointed under

'section 14 of the said Code upon whom the powers
conferred by "section 32 of the said Codc on a
Magistrate of the second classS have been canfmed
and who has exercised those powers for not less than
I
It
power to try summarily in accordance with the provi-
sions contained in 4sections 262 to 265 of the said I

Code, all or any of the offences which are punishable

under this Act with imprisonment for a period not ,
exceeding six months, or with fine, or with both, I

but as a result of such trid no sentence except a sentence

of fine shall be imposed.

j 15-B. Notwithstanding anything contained in :%$jufi"

'section 32 of the Code of Criminal Procedure, 1898 Mshtraccs rind
(Central Act V of 1898), ~t slzall be lawful for the Special Mads-
Magistrates spec fied 111 column (I) of the Table
below to exercise the powers specified in the corres-
ponding entry in column (2) thereof, in respect of
offences punishable under this Act.

I
I
I
1 Now section 13 of the Code ofCr2mina( FkOcedwe, 1973 (Central
Act 2 of 1974). -
s N o w section 29 of the Code of Criminal Procedure, 1973 (Central
Act 2 of 1974).
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-, ,.a"Jp.i;;.
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[193?. ~ T ~ ACI
N.
,@;mg
. - :(r
::
."' '

TABU.
-. * (1) - .-- . . 42)
~ i & s t r a t e soft& k t c&s? or Fine excetding two
- Special Magstrates appoint- thousand rupees
'

ed un&r 'section 14 of the but not exceeding

Code of Criminal Proce- five thousand
dure, 1898 (Central Act V of rupees.
1898), upon whom the
powers conferred by 3sedion
32 of the said Code on a
Magistrate of the first class1 .
have been conferred.
Magistrates of the second class' Imprisonment for a
or Special Magistrates appoin- term not exceed-
! ed under 'section, 14 of the ing one year.
Code of Criminal Procedure, Fine not exceed-
1898 (Central Act V of 1898), ing one thousand
upon whom the powers con- rupees.
ferred by 3section 32 of the
said Code on a Magistrate
of the second class1 have
been conferred.
*15-C. The ocences specified in sub-section (2)

with respect to non-bailable offcnccs shall apply to

those offences.
--. - --
1 According to clause\ (a) a n d (6) of sub-section (3) o f
kcct~on3 or [hc: Code of Criminal Procedure, 1973 (Central Act
2 o f 1974), which came into force on tflc 1st A ril 1974, any
rel'ermce to n Magistrate 01' tile firht class 5lrall e! const~ucd
as a rcfl:rence to a Judicial Magistrdtc ol the first class and
. , l ~ y refercncc to n Magistrate of the second class shall t)e
coixstrued n s .I reference to r! Judicial M:~gistrat,, of the ,
second clnsz.
NOW sectton 13 of the Code o f Criti~il~alProcedure, 1973
(Central Act 2 of 1974).

* f i e now tho Code of C

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(2) me offences referred to in sub-section

' /
1

:- - (a) offences of import, export or transport . ...

of -liquor or any intoxicating drug under clause (a)-
of section 4 (1) and offences under clauses (b), (f),(11)
and (i) of section 4 (1) and under clause (k) of that
section in so far as it relates to an Act specified in b
any of those clauses ; and
. (b) offences under section 5.

(3) Nothing contained in sections 274 28, 29, . .

32, 38 and 39 shall be construed as enabling a person
to be admitted to bail if tlae offence alleged to have
been committed by such person is one referred to
in sub-section (2).

CHAPTER 111.
Exeiiytions a!td Licences.
I

16. (1) The '(State) Government may, by notifica- power to

tion and subject t o s u c h n s . . . a s they think fit, notify
exempt a i i i i f i e d liquor or intoxicating drug or excmPtiOusl
article containing such liquor or drug from the obser-
vance of all or any of the provisions of this Act on the
ground that such liquor, drug or article is required
for a medicinal, scientific, industrial or such like
purpose,
mder sub-section
have power to
conditions subject
hall be punished
tend to six months
ne thousand rupees
.. . .

\
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[ 1937 :T.N. Act X

1 be deemed to apply-
(a) to liquor in the possession of bona j&
travellers for their own personal use while passing
through any local area in which this Act is in force ; or

ing drugs carried

such local area.
"...
(b) to lawful consignments of liquor or intoxicat-
) through or into any

ds " Dominion of India "

" Domlnfon " by ibld.
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I

l937 :T.N. Act XI

t
(2) When issuing a notification under subsectiott ,I , '
(I), the '(State) Government shall have power to
provide that a breach of any of the conditions subject
to which the exemption is notified shall be punishable
with imprisonment which may extend to six months
or with fine which may extend to one thousand rupccs
or with both.]
"17-B. The State Government or subject to their \ %%, *\
control, the Collector may issue licence to any person t\u\$${,'c
or any institution whether under the management $,,,,,,,
of Government or not, for the manufacture of liquor I
for human consumption for purposes of export,
for the export of such,liquor and for the purposes
permitted under this Act.] I II

18. The '(State) Government or subject to the I T,+\~HN h4'

control of the '(State) Goverment, the Collector, ;,;I:,,,;,,,,
, may issue licences to any person or in respect of an) ,,, ,,\\t,\(
institution whether under the management of Govern- p\\rv\\\{'\
ment or not, for the mamfacture, export, import,
transport, sale or possession of any liquor, intoxicating
drug or article containing such liquor or drug, 011
the ground that such liquor, drug or article is required
by such erson or in respect of such institution for :i
1
bona ft e medicinal, scientific, industrial or such
like purpose.
3[18-A, (1) An excise duty or countervaililly ,t,, \,I ,h\\
duty of such amount as the '(State) Government ,,\ ,I\\\\\\\\"'
may, by notification in the Fort St. George Garertcp.:,;~\$,,~~~''
- specify from time to time shall, if they so direct, bc ,,,,,\ , \ \ \ ~ \ t
levied on all liquors and intoxicating drugs permitted c,\\\r\l I
to be imported, exported, transported, manufactured, ~ ~ ~ " * ' 1

I
jssued from any manufactory or institution or sold.
under tl~c provisions of this Act or any rulc,
notification, licence or permit issued thereunder.
i
i
-
t This word was s~lbstitutedfor the word " Provincial" by tltc
Adaptation Order of 19m.
a This section was inserted b section 2 of the Tamil Nadu Prohibi*
tion (Amendment) Act, 1970 &I Nadu Act 33 of 1970).
1 This section was inserted by section 2 of the Madras Prohibitiat~
( S ~ w n dAmendment) Act, 1948 (Madras Act XIX of 1948).
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(3) Nothing in this section shall authorize

the l e e of any duty which, as between goods manufac-
tured or produced in the '(State) and similar goods
not so manufactured or produced, discriminates
in favour of the former or wbch, in the case of goods
manufactured or produced outside the '(State),
discriminates between goods manufactured or pro-
duced in one locality, and similar goods manufactured
or produced in another locality.]

19. Subject to the control of the '(State) Govern-

(cr) licences for the tapping of any trees for

2[neera or padani] for consumption thereof without
fermentation or for the manufacture of jaggery
therefrom, or
II
(b) permits for the possession, transport or
sale of such a[neera or padani].

Pcru~itsand 20. Tl~c '(State) Government or any officer empo-

licences. wered by them in this behalf may issue-
(a) permits authoridng any person to consume
and possess for personal consumption any liq~ioror
intoxicating drug ;

t Tliis word was substituted for the word "Province" by the

Adaptation Order of 1950.
This word was substituted for the word "Provinciul " by ibjJ.
2 These words were substituted for the words " sweet todd " by
section 11 i) o f the Tamil Nadu Prohibition (~mendmentrAct,
\
1958 (Tami Nadu Act VIlI of 1958).
* These words were substituted for the word " toddy " by section
11 (ii), fbtd.

\
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1937 :T.N. Act XI- - ,',

' . - ,
. .
'[(b)] licences to any insbtution' tb possess
liquor and issue it to such of its members as hold
permits under clause (a) ; '[ 1. . - ,

I '[(c)]licences to'any person in charge of a restau-

rant car attached to a railway train to possess
liquor and serve it to bona fide passengers travelling
.. -
t
by the train ;
3[(d) licences to any person to possess liquor
and issue it to persons or institutions who ho!d permits
or licences under this Act or who have been exempted
under this Act from so much of the provisions of
secti~n4, sub-section '(l), clause (a) or (33, as relates
to the possession, consumption or buying of liquor.]
I

' 20-A. Subject to the provjsions of section 20-B,

in considering an application for the grant of a P&ynt0
licence or permit under this Act, the authority compe- into m-.
tent to grant such licence or permit, as the case may sid-tion
be, shall have regard to the following matters, by the
licensing
namely :- authority.
(a) the suitability of the applicant for the grant
of licence or permit, as the case may be ;
(b) whether the ap;>licantis a person who will
abide by the provisions of this Act and the rules
made thereunder ; and
(c) such other matters as may be prescribed.
- -- --

1 Clause (b) was omitted,,and clauses. (c) and (d) were relettered
as clauses (b and (c respectively by section 4 af the Madras Prohibi-
tion (SecondAmendmnr) Act, 1938 (Madras Act XW of 1938).
9 The word "and " was omitted by section 4 (i) of the Madras
prohibition (Amendment) Act, 1948 (Madras Act XI1 +f 1948). .
This clausewas substitutedby section 2 of the Madras Prohibition
(Third Amendment) Act, 1949 (Madras Act XLVI of 1949, for
I
dause d) which was mller added d o n 4 (iT) of the &as pn'
. p.
. m h i b 110. (Ammdmmt) . ,tadraa
. . 1948. . . ..IL Act W or 1948).
 LatestLaws.com

0 Ceopntive %. Where any co-operative society registered

S O C J , , ~ to or deemed to have been registered under any law
bfi*n in force for the time being, makes an application
pre erence.
for the grant of a licence under clause (6)of section
20, the authority competent to grant such licence
shall, in granting such licence, give preference to
such co-operative society over every other applicant.
Form and
c0ndfti0ns
23. Every licence or permit granted under '[sections
6-A, 17-B, 18, 19 or 203 shd-
I
of licence!
and permts. (1) be granted on payment of such fees, if any,
for such period, and subject to such restrictions and
limitations and on such conditions, and
(2) be in such form and contain such particulars
as the '(State) Government may direct either generally
or in any particular case.
""
of
of rales
Lovy
Ont.'~
fore~gn
'l21-A.Every person or institution (not being rul
institution holding a permit under section 20, clause (b))
liquor to , which sells foreign liquor-
' Permit.
holders. (u) to any person I~oldinga permit for the con
stmption of liquor under section 20, clause (a), or
(b) to any institution holding a permit for the
supply of liquor to its members under section 20,
clause (b),
sllall collect from th'e purcllaser and pay ovcr
to the Government at such intervals. and in sue11
manner as may be prescribed, 'I? sales taxcalculated at
1
---
Sections 20-A and 20-B were inserted by section 2 of the Tamil
~ ~ Prohibition
~ d u (Amendment) Act, 1974 (Tamil Nadu Act 1 of
1975) and were deemed to have come into force on the 16th October
1974.
a These words, filgures and letters were substituted for the words,
figures and letter sections 6.4, 18, 19 or 20 " by section 3 of the
T&] Nadu Prohibition (Amendment) Act, 1970 (Tamil Nadu
~ c33t of 1970) the word, figures and letter "sections 6-A, 18" having
been earlier substituted for the word and figures "sectioll 18 " by
section 12 of the T a d Nadu Prohibition (Amendment) Act, 1958
flamij Nadu Act VlII of 1958).
8 This word was substituted for the word " Provincial" by the

-
Adaptation Order of 1950.
4 Section 21-A was inserted by section 2 of the Madras ProMbi-
tic* (merit) Act, 1952 (Madras Act VI of 1952).

- *- .----. -
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the rate of seventy-fivepaise in the rupee], or at such

other rate as may be notified by the Government from
time to time, on the price of the liquor so sold.

Explanation.--In this section, 'foreign liquor' means

wines, spirits and beer imported into India from
foreign countries and dealt with under the Indian Tariff
Act, 1934 (Central Act XXXII of 1934), or under
any other law for the time being in force relating to
the' duties of customs on goods imported into India.]

22. Every person !aking out any licence or per- Counterpart

agreement
I nit under '[section 6-A, 17-B, 18, 19 or 203 may be re- to be exc-
+red to execute a counterpart agreement in confor- cuted by
mity with the tenor of his licence. or pertnit, and to licensees.
give such security for the yerfor~llanceof his agree-
ment as the Collector may require.

23. ( I ) The Collector may c:~ncel or suspend any Power tn

such licence or p e r n l i t cancel or
suspend
licences and
(a) if any fee payable by the holder thereof be permits.
not duly paid ; or
(b) in the event of any breach by the holder of
such licence or permit or by his servants or by a ny
one acting with his express or jnlplicd pcl.~n;ssion on
his behalf. of any of the tCrmS or conditions of such
licence or permit ; or
(c) if tllc holclcl* thcrcof is conv'ctcd o f ;illy
offoncc against this Act, or of ilily cogni~rcblearid , l ~ , , -
bailable offellcc ; or
-These words,-figurcs:uld Ictlcr,~
1
--
h ~ ~ b s ~ i ~fi,r
were
-- .-. .--. -
~ r1 1~, c~ \v,,l.dh
d
.s:rnd Icc~er"scclion 6-A, 18, 19 or20" hy s c c ~ i c4, ~oftjIc.
~ ~;,~ ,i
$f,"Prohibition(Amcndn~cfft) A~l.1970Chmil NaJa Act 33 of 197u),
tho word, figures and Ict lct section 6-A, 18" having becn cnrlier
substitt~tedfor the word, and figures " section 18" by section 12 o,.
tho T~~tnilNadu Proh~bltion(Amendment) Act, 1958 (T;itniJ ~~~d~
Act Vlll of 1958).
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I

( e ) if the purpose for which the lfcence or

permit is granted ceases to exist.

' [(2) The State Government may cancel or

sucpend any such licence or permit for any of the
aforwid reasons.
I

(3) Before any licence or permit is cancelled or

suspended under sub-section (1) or sub-section (2)
the holder of the licence or permit shall be given a n
opportunity to state his objections within a reasonable
tirne, not ordinarily exceeding'fourteen days, and a n y
1.epresentation made by him in this behalf shall be
ddly taken into consideration before final orders are

24. Tn the event of any breach by the holder of s ~ c h

the condi- licence or permit or by his servants or by any one
and acting with his express or implied permission on his
behalf, of any of the termsc r conditions of such licence
or permit, sdch holder shall. in addition to the cancel-
lation or st~rpensionof the licence or permit gr:~tlted
to him, be punished with imprisonment which lllay
extend to six months or with fine which
estend to one thousarld rtlpeec or both, unless he
shall establish that all due and ~enconahle pre-
cautions were exercised by Ilim to prevcnt any 5uch

Any person who commits any such broach shall,

whether he acts with or without the perniission of the
holder of the licence or permit, be liable to the
same punishinent .
-.. --
b-sections were substituted for the original sub-section
13 of the Tamil Nadu Prohibition (Amendment) Act,
adu Act Mlof 1958).
1
\

.-..-
*-... . .-
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1937 : T.N. Act XI Proliibition 539

-- --- - -.--
1 The following section 24-A which was added by section 4 of the
Tamil Nddu Prohibition (Revlval of Operation and Amendment)
Act, 1974 (Tamil Nadu Act 34 of 1974) was omitred with effect on
and from the 16th October 1974 by sectlon 3 of the Tamil Nadu Pro-
hibition (Amendment) Act, 1974 (Tamil Nadu Act 1 of 1975) :-
" 24-A. Privilege of selling.by retuiI to be auctioned.-(1) Not-
withstanding anything qontained In thls Act, the State Government
may rant to any person or persons on such conditions and for such
p e r i d a s may be prescribed the eexcltlsive or other privilege of selling
by retail any liquor or article containing such liquor-- II/
((1) toany person or institution to whom licences have bee11
granted under section 18 on the gr0un.d that such liquor or article is
required by such person or' institution for bona firle medicinal,
scientific, industrial or such like purposes ; or
(b) to persons to wliom per~nitsha\e been granted for
posscssion and consumption of liquor on the ground that the health
of S L I C ~persons will be seriously and permanenrly affected if thcy
are not permitted to consume liquor ;
(c) to any other person or instilution n h o has beenlicensed
or pcrniitted for the posscssion and use of such liquor or other
article; or
( d ) to persons who are exempted from the provisions of
this Act; or
( r ) which is exc'niptcd froni the prc.risions of this Act.

( 2 ; Instcad ol', or in xfdition to, :illy duty 1cvi;lblc under tllis

Act, 111cState Govcrnmcll! nlay accept paynicnt of a sum, in consi-
der;l~ic,nof grant ol':iny prlvllegc undc'l. suh-\ccrir-n( I).

payiiblr under sub-section ( 2 ) sh:~libc dctcrnlincd

(3) Thc s~111t
as l'ollows :--
(a) by auction or otherwise :IS [hc State Govcrnmcnt lnuy
by general or special older, direct ;and
(b),by such authority and suhjcct to wch control a5 n~ay
hc \~>ccificdIn hucl~order.

(4) No grarilcc of any privilege ~under sub-scction (1) sh;lll

~ Y ~ ~ tllc
C I s:~llle
~ C U I ~ ~ C Sor
S until he has received a licence in that
&half frotl, the District Collcctor pr any other oficcr specially cm.
po\\crcd by t l ~ cStiitc Gover~lmcntIn ~ I I behalf.
I ~

(5) Tile provisions of this Chapter relating to licences shall,

so far as may be, apply to any liccnce !ranted under 8th-section (4)".
 v&k&$;, +,& ,
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540
.b
A":
4

\ [lj)37; T.N.Act X
CHAPTER 1V.
Establishment a d Control.
4ppoint- 25, The '[State] Government may, from time to
nent of
,m- and time, by notification-
vithdrawal
,f powers. (a) appoint an officer to exercise all the powers
of a Collector under this Act in all local areas in
which it is in f o ~ c eand to have the control of the
administration of the provisions of this Act in such
areas ;
(b) appoint any persol1 other than the Collectol.
of land revenue to exercise within a district all or a n y
of the powers and to perform all or any of the duties
of a Collector under thisact, either concurrently with
or in exclusion of the Collector of land revenue,
subject to such control as the '[State] govern men^
may from time to time direct ;
(c) withdraw from the Commission~r or the
Collector of land revenue any or nil of the powers
conferred on him by this Act ;
( t i ) app,,ij~tpaid or honorary ollicers with such
designations, pDwers and dutics ns the '[State]
Government )nay ~ h i n kfit ;
(e) order that all or any of the po\\.crs and duties
:issigned to any person undcr clausc (ti) shall be
exercised and performed by any existir,g Government
oficii~lor any olhcr purson ; :inti
(f) delcg.1~~ Lo any Prohibition Ofliccr ; i l l or
ilny of their powers undet this Act.
ohibition ' [26. ( 1) The Stale Govc~.nn~e~it I I I ; ~ ~ l, o r 1 1 1 ~
'mmittee*. wllolc of the "SLatc of Tanlil Nadu] and thc Collector
_ _ - _-__- -- - --
1 'I'llis word wits substituted for tile word " Provincial " by the
Adaptat ion Order of 1950.
Thissection was substituted for the original s~xtion26 by section
14 of the Tamil N:ldu Prohibition (Amendment) Act, 1958 (Ti~mil
NnJu Act VIII of 1958).
8 This expression was substituted for the expression "Stnk of
Mitdras " by the Tnn!il Nadu Adaptatjon of Law Order, 1969, as
uncl~dcdby the T a n ~ lNadu Adaptat~onof Laws (Stcond Anicnd-
mcnt) Order, 1969. 1
 LatestLaws.com
LatestLaws.com
1 .:a ',?% ,
'TLJ. & e2 4$":*C%Q?e.*'
dr%4-2!a~,,
+ ' *b +
1 ,'aI-
I "

1937 : T.N. Act XI ' Prohibition . '541

of a district may, for such area in the district as the F'

State Government may, by general or special order,
G

determine in this behalf, constitute prohbition com- ,

mittee~to assist them or him in c:lrryiw out the
objects of this Act.
i
(2) Every member of a prohibition committee II
shall observe the working of this Act and report I
thereon and on every matter connected therewith I
I
at the prescribed intervals and at any other time he
thinks fit, to the State Government in case he is a
member of the prohibition committee constituted
by the State Government, and to the Collector I n
case he is a member of the prohibition committee
constituted by the Collector.

(3) Every member of a prohibition committee

shall be entitled to give information at any police
station regarding the commission or suspected com-
mission of any offence against this Act in the area
of the committee concerned, and the officer in charge
of such station shall take action on such information
and investigate the case in the manner laid down in
the Code of Criminal Procedure, 1898* (Central Act V
of 1898).]
27. The '[State] Government may, by notifi- Power of
cation, and sub-joct to such conditions as may
prescribed in ~ u c hnotification, empober all or any toauthorilc
or the officcrs or classes of officers or persons men- officersto
admit
lioned in section 32 throughout the '[State] or inpersons
any local area, to admit a person arrested under arrested to
that section to bail to appear, when summoned or bails
otherwise directed, before a Police or Prohibition
Officeror Magistrate having jurisdiction to inquire
into thc offence for which such person has been
arrested, and may cancel or vary such notification. 1
I

I This word was substituted for the word " Province " by the
Adaptation Order of 1950.
* See now the Code of Crim
2 of 1974).
 LatestLaws.com
LatestLaws.com
Prohibition A [19311: T.N. Act X

CHAPTER VI
- Piivrrs; Dhties atid'f'rocedure of Ofl~ers,elc.
I

tt L;,ue of . -
;catch 28. If any Collector, ~rollibitionOfficer or Magis-
~arrants. trate upan information obta~ned and after such
~nquiry3s he thinks necessary, has reason to believe
that an offence under sub-seclion (I)of section 4
has been committed, he may issuc a warrant for the
senrch far any lkuor, intoxicating drug, materials,
still, u t z ~ ~ i i limplement
, or nppnralus in respect of
\VII ch the alleged offence has been committed. Any
person who hns been entrusted with the executio~~
of >uch 3 warrant may obtain and search, and if he
thinks proper, arrest any person found in the place
sc.lrched. if he has reason to believe such persot]
to be guilty of :\ny offence undcr this Act :
P~.ov.dctl Ll~al cvcry 13~1\011;11'1'est~clunder tllis
\ C C L I O I ~\Il.iIl b(: at~llli(teri,
l o ball by (hc person arrcst-
illy. I S \ufiiclon~ h:lt l be ~ C I I ~ C L ' C C L J'or hl\ aypearancc
I I>c;;,rc ;l M a g ~ s t r a ~or.
~ I 1lc.i c bcfor c a I'olice or Pro-
l l l b i ~ i oGfficcr,
~~ ,Lr Lhc case ulay be.

I<cSorc: rbsulng \uch wnr~~,~rlt,

the Collector, Pro-
11 0,rlon 0Gcl;r or M ~ ( g , \ t ~ . .~11~111 ~ t c examine the infor-
n t on . ) c ~ ~ ;lrltL
111.1 l ~ Lhc: L ' Y I I I I I ~ I ~1011
L I ~ sl~;lll b~ reduced
I fllo \ ~ V I *lI ng 111 ;I sunlIl1,Ll~ym il 1111~1'illltI b~ big& by
~ 1 1I~I '~ ! ' O ~ J ~ ;111cl
I ~ La150
I I I ,by tllc Collc.ct~r, Proh~bltion
G ~ ~ ~orLMJ :II ~\tratc.

29. Vv"v'lcncv:I :I Cullc.c(c)r.. any I'rohi bil on Officcr

wcrs or
:ry mid
not be1 ) \ Y sucl~ rank as the l1StatcJ Government
.rct~ ~nnydctertnine, : ~ n yPolice Officcr not hclow the rank
1101tt ol' rtlb-~n\pector, any officer in clz:lryc of :1 police
rr \lit.
\L,~L~L I , oihcr p lid 01' honc)rarq1o&ficeraulho-
o r) I,111y
~ l ~ h cL L S J~ Govcrnrilcnl
r , ~ c hy i~~~ ill tllr r behalf has
TL"L\~)II t o bclievc that an ofrcncc under s u b-section ( I)
of fect~on4 has bccn comnl~t~cd and that the delay
t,~ci,ioll~'dby obtain,ng a scarch wallant under
s~ction28 will prcvent the exocullon rhcreof, hc may,
- ----. - .- ---
I This word was substituted for the word "Provincial " tho
Ad.rptat~on Ordcr of 1950.

A.. *
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I I
after recording his reasons and the grounds d his !,/

-
belief, at any-time by day or nigbt enter and search
any place and may --s~izeanything found thweiii -.
... .
. ...
. ..
1

which hc has reason- to believe to be liable to confis- .

cation under this Act ; and may detain and search
and, if he thinks proper, arrest any person found jn
such place whom he has reason to believe to be gctilty
of any offence under this Act:
Provided 1hat every person arrested undcl. t i ~si
secLion shall be admitted to bail by such officer as
.xfores:tid if sufficient bail be tendered for his ;ipp:;i- C

rance either before a Magistrate or before a Yof~ce

or Prohibition Officer, as the case may be.
I
'L30. The Collector; any Prohibition Officer not Powersof
entry and
bolow such rank as the State Government may detcr- inspection.
mini:, or any Police or other paid or honorary officcr
authorized by the State Govcrnlnent in this bcll;~lf,
rnay cntcr and inspecl, at any Lime by day or by 11igll1,
any place in which it is reasonably suspected-
((1) that any toddy is drawn, or the manufacture
of any other.liquor, or of any intoxicating drug i s
carried on, or
(b) that any liquot or intoxicating drug i s kcpl
for sale or stored, or
(c) Lhal: an oRence under 2L .. :I bcclio~l5
has bcen, or i,c being, committed ;
and may erxaminc, lest, measure or weigh any ~~latcria],
still, utensil, implement, apparatus, liquor or intoxi-
cating drug found in such place.]
31. If any officer empowered to make an elltry pow,, ,
under section 28, 29 or 30 cannot otherwise makcu\c forcc
sclch etifry, il shall bu lawful for h11n to break ope,, irebislancc
n case of
any outer or inner door or window and lo rcmovctocntry.
any other obstacles to his entry into any such place.
- .?- -
.
a
*
- ---- -
~ i l i sectiorl
s 'wki sub~titutedfor origiixtl section 30 by sc.ction 2
(Art~cndment) A C ~ , 195 1 3

tion 4-A of " were onlilted

Prohibition (Amcndmerlt)
1 I
I #
\
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32. Any Prohibition Officer, any officer of the .

Police or Land Revenue departments, and any other
pcrm1 authoritcd in that behalf-
( c r ) nay arrcst without warrant any' person .
found committing an offence punishable '[under
section 4, sub-section (1), '(
(b) may seize and detain any liquor, drug or
other article which he has reason to believe to be liable
to confiscation under this Act; and
,'
(c) may search any person, vessel, vehicle, ani-
mal, package, receptacle or covering, upon whom or in'
or upon which, he may have reasonable cause to suspect
any such liquor, drug or other article to be, or to
be concealed:
Provided that if the officer or person making the
arrest under this section be not empowered under
section 21 to admit to bail, the person arrested shall
be forthwith forwarded to an officer so empowered,
if such an officer is known to be within a distance of
five miles from the place where such arrest took
place. And it shall be the duty of such officer
empowered as aforesaid to admit such person to bail
if sufficientbail be tendered for his appearance before
a Police or Prohibition Officer or Magistrate having
jurisdiction to inquire into the case.
'[Provided further that where any toddy or wash
or any sonti soru is seized under this section by any
officeror person, such officcr or person may destroy
or cause to be destroyed on the spot, the toddy, wash
or sonti soru and send the pots or other receptacles
in which the toddy, wash or sonti soru was kept to
the Police or Prohibition Officer or Magistrate having

-
. --*--- - * .-
---*---".--Au.uA--"-- --
 LatestLaws.com
- 1937: T.N. Act XI Prohibition 545
1

jurisdiction to inquire into the case, G t h a

attested by two or more witnesses spec
the quantity of toddy, wash or sonti soru seize
destroyed and the number of the pots and
receptacles sent.
J
Exp1annriurr.-For the purposes of this section,-
6csontisoru" incans a liquid prepared from rice
or starch \\lliclz is ill ille process of vinous or alcoholic
fermenration or in which such fermetltatio~~ has
c ceased ; a i d
c.wasli' msans a mixture of water and saccharine
materials \+ilich is in the process of vinous or alcoholic
fermentatioil or in whiqh such fermentation has
ceased .]
33. Any person, who may be accused or reasonably A,,,
suspected of committing an offence against this Act, persons
and wls) 011 rlemalicl made by any Prohibition Officer :,c~z'+~
or any officer of tllc Police or Land Revenue depart- name or
ments or by any othcr person authorized in that giving false
behalf refi1.c.s to givc his name and residence or who
gives a nallle or rcsid~~ncc which such officer or pm
LSSOI~
has reaion t ~ )bclievc to be false, may b.: arrcsted by 4
such officer or pcrson in order that hic tlarnt: and resi-
dence may be arcertaincd.
34. A11 searcll~sI I I ~ C S tlli: provisi~tls of th15sc'll CIIC.)
I,oW (,, bc
of Act shall bc t l ~ a l ein nccoi.dancc :\/it11 the provision5 made.
of thc Code ot' Criminal Procedusc, 1598*.
35. Ofiici;~lb of 1111 dcp;~~tn~ent\ of rl~c '(State) DULY
I
Gova~n~w:nt and ilr ;~\1 local bodirh sh;ill bc i q p l l y $'$$l:,~
d ;1\4i4t ally 1'1 ol~ibiliol~01. P O I I C OlIicer
b o ~ ~ n to ~ l,,cl,ts allr~
in carrying out thc j)l.ovi\ioll\ o f this Act. local bodics
to assist.

.%. Every t>fici;ll cml~loyctlby thc '(State) Govern- Oflences to

nletlt clr I,y : ~ \ y local hotly, otl~ri.tllnn n Pclicc <)I.cIC. he rep01ted* I
- - -- - - - - -- - - -
6 This word w.i\ ~ubstilurctl I ~ J I lllc w 1 ~ 1 t l I'ro\inciol" by tlie
I'

Adaptatlun Order u f 1950.

*See now the Code of Ctirninal P~clcctlure,1973 (Ccntral Act 2
of 1974).
 LatestLaws.com

provisions of this Act which may come to his

knowledge; and all such officials shall be bound to
take all reasonable mssures in their power to
prevent the commission of any such breaches which
they may know or have reason to believe are about
or likely to bs committed.

same shall have come to their knowledge.

stanc?~under which such arrest was made.

(2) On any such py3rson bzing brough~to a
police station as aforesaid, the officer in cIurp,e
thereof shall either admit him to bail to appear when
summoned, before himself, or before the Prohibi-
tion Officer, if any, or any Police Officer within the
limits of the jurisdiction of which Prohibition or
Police Offioer, the offence with which he is cllarged
is suspxted to have bsen committed, or in default
of bail, shall forward him in custody to such officer.

himself made the ,

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Prohibition

think necessary and shall ei$her rdease such person,

or forward him in custody to, or admit him to bail
to appcar before, the Magistrate having jurisdiction
to inquire into or try the case:
Provided that if such inquiry is not commenced
and completed on the day on which such person is
arrested by or is brought or appears before such
officer, hc shall if sufficientbail be tendered for the
appearance of the person arrested, admit such person
to bail to appear on any subsequent day before
ilimself or any other officer having jurisdiction to
inquire inta the case. ,
39. It shall be the duty of any officer arresting any Persons
pcrson under the powers cotlf~rred by section 28 or arrested to
29 and of any officer in charge of a police station or be admitted
iLllY P~liceor Prohibition Officer before whom a '
pcrsoa arrcsted is brought or appears under tlze
provisions of section 38 to release such person on
bail if sufficient bail be tendered for his appearance
before a Police or Prohibition Officer or before a
Magistrate, as the case may be.
40. (1) Before any person is released on bail, Bend of
bond I si~chsufficient but not excessive sum of and
money as the officer admitting him to bail think\ suretie.
proper shall bc cxccutcd by such person and by onc
or morc sureties, conditioned tkit such person sl~all
atiel~clin accvrdancc w ~ t h the. tcl-ms of the bond
and shill1 co~~tinuc to attcncl until othe~.wisedil-ected
by the Police or Prolzibition Oficer W o r e whom Ize
was bailed to rtttcttd, or by the Maginrate, as the
case may be:
Provided that tlzc olficcr ~idmi~ting any \ucl~
pcrson to bail may, in his discretion, dispense wjtjl
the requirement of 3 silrety or sureties to the bond
executed by such person.
(2) Tllc l(SLaic) Govcr~~mne~~t shall from time
. to time determine thc fornt of tl~cbond to bc u$ed
in any locill area,

I I This word wau substituled

Adaptation
-- Order of 1950.
for
--.. ..
the word "Provincial" by the
 LatestLaws.com
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bailed or of the surety or sureties, he shall forward

Pmhibition the bond to the Magistrate having jurisdiction to
Officer.
inquire into or try the offence of which the p*~rson
bailed was accused, and the Magistrate shall proczed
to enforce the payment of the penalty or penalties in
the manner provided by the Code' of Criminal
Procedure, 1898*, for the rzcovery of peaslties in Central
the like case of default of appearance by a person
bailed to appear bafore his own Court.
$tlz8.
Obtaining [41-A. (1) Any officerauthorized to arrest a person
of medical for an offence punishable under scction 4 (1) (j) in so
certificates
in the case far as it relates to consumption of liq~toro r any intoxi.
of persons cating drug who has reason to believe that any p;rsoil
found in a has consumed liquor or any intoxicating drug, nny
state of
in toxicat ion. produce s w h pzrson for examination, b=fore any
medical officer authorit~dby tho Slate Governluznt
and request the rnndical officcr to furnisk a c:rtifiwte
on his finding whether such pzrson Ius co~lsumedany
liquor or intoxicating drug or is in ;I state of intoxica-
tion or not.
(2) Ally m,-clicsl offic-r h:f,)rc wllom such p2rsou
is psoducctl shall be bound to examine such pmon
and furnish to the officer by wltom such p:rson
has been produced a certificate 11sto the state of such
person, and if any form has been prescribed for thc
purpose, in such form.
(3) 11' IIIC pcr.;oll I ~ I . O ~ L L C L i\' ~ ;I ivottu~l, tl~c
examination shall bc cat.t.icc1 out by a waluall ~ncclic;i~l
officer authorized by. thc State Govcrnm:nt.
---- ---- -- - - ----
' This section was inserted by sectton 17 or the Tamil Nudu
Prohibition (Amendment) Act, 1958 (T:imil Nadu Act Vlll uf
1958).
*See now the Code of Criminal Procedure, I473 (Central Act 2 ~ f
19741.
 LatestLaws.com

1937:T.N.Act XI Prolribltion 549

(4) Any person who has been produced before
a medical officer in pursuance of this section shall
allow himself to be examined by the medical officer.
(5) If ally person who under this section j: '
required to undergo medical examination resists or
refuses .to allow himself to be produced before or t o be
examined by the medical officer, it shall be lawful
tc use all means ilecessary to secure the production
and examination of such person.
(6) Resistance to production or refusal t o allow
examination under this section shall be deemed to be
an offence under section 186 of the Indian Penal
Code (Centra 1 Act XLV of 1860).
(7) In trials under this Act, it may be presumed
unless and until the contrary is proved, that the
accused has committed an offence under section 4 (1)
( j ) if he having been produced before a medical
officer under this section had resisted or had refused
t o allow himself to be examined by such medical
officc.1..
purporting to be a certificate
(S) Any cloci~n~ent
siglcct by a mcc~icalofficer authorized by the State
Govcrnmcnt 11l;ly be used as evidence of the facts
stated tlicrein in any proceeding under this Act or
under sections 272 to 276 of the Indian Penal Code
(Centrs 1 Act XLV of 1860), [but the court may a t the
instance of the accused order the attendance for cross-
examination of the medical officer who issued the
certificate.]
1 42. Any Police or Prohibition Officer holding an Power or police
inquiry in the manner provided in section 38 m a y o r Prohibition
suinnlon any pcrson to appear before himself t o give summon
evidel~ccon such inquiry or to produce any document witnesse
relevant thereto which may be in his possession or
under his control :
Provided that no such offi
person to appear before him
for complying with such su
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'[State] Government may fix.

43. Every summons issued under section 42 shall

state whether the person summoned is required to give
evidence or to produce a document, or both and
shall require him to appear before the said officer at a
stated time and place.

44. Persons so summoned shall attend as required

46. Any Police or ~ r o l d h k o n Oficer may after

The officer may also, if he consiciers it necessary

for the investigation of the case, exercise the powers
conferred by sections 42 to 45 before summoning
the pxson suspected.
-- .
-
This word wiw substituted for the w e d '
1
Adaptation Order of 1950.
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1937: T.N. Act X J

48. When a Police or Prohibition Officer forwards Fxz'

in custody any person accused of an offence under Prohibition
this Act to the Magistrate having jurisdiction to officer to give
,
inquire into or try the case, or admits any such jurisdiction
c,,ptent
person to bail to appear before such Magistrate, such Magistrate.
officer shall also forward to such Magistrate a report
setting forth the name of the accused person and the
nature of the offence with which he is charged and the
names of the persons who appear to be acquainted
with the circumstances of the case, and shall send to
such Magistrate any article which it may be necessary
to produce before him. Upon receipt of such report
the Magistrate shall inquire into such offence and
try the person accused thereof in like manner as
if complaint had been made before him as prescribed
in the Code of Criminal Procedure , 1898*.

, 1973 (Central Act 2 I

\
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the iourney from the place ofarrest to the cotkt bf

the ~ a ~ i s t - r a;t eand no such person shall be detained
in custody beyond the said period without the authority
of a Magistrate.] /

51. All officers in charge of police stations shall

take charge of and keep in safe custody pending the
orders of a Magistrate or of a Prohibition Officer, all'
articles seized under this Act which may be delivered
to them ; and shall allow any Prohibition Officer who
may accompany such articles to the police station, or
who may be deputed for the purpose by his superlor
o$cer, to affix his seal to 'such articles and to take
samples of and from them. All samples so taken shall
also be sealed with the seal of the officer in chargc of
the police station.

Power 52. The District Magistrate shall have power to

I Of District transfer any case under this Act pending inquiry or
b Magistrate
to transfer trial before any Magistrate or Officer in the district to
cases. any other Magistrate or Officer tlrc~.ci~~.

52-A. (I) Whenever any person is convicted of an

Security for
offence punishable under clause (6) or clause (4 01-
': abstainin8
k ~~mofcOmmis-
clause (e) or clause (i) of section 4 (1) a n d the court
convicting him is of opinion that such person habitua!ly
commits or attempts to commit, or abets the commls-
sion of any such offence and that it is necessary to
require such person to execute a bond for abstaining
from the commission of any such offence, the Court
may, at the time of passing sentclzce on such person, \
order him to exccutc a bond for rt sum proportionate
tion 50 by the Adaptn -
n 18 of the Tamil
1 Nadu Act VIII of

, \
 .-..
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'@$#c.";:
'&F*r r
*f.- &TT&"P
.. LatestLaws.com
2
>?.' ,* . < .
1937 : 2'. N. Act X] Prohibition 553 1

to his means, with or without sureties, for abstaining 1

from the co~nrnissiorlof such offence during such
period, not exceeding three years, as it thiuks fit to
fix,
(2) The bond shall be in the form contained in
Schedule 11, and the provisions of the *Code of
, Criminal Procedure, 1898 (Central Act V of 1899);
shall in so far as they are applicable, apply to all
matters connected with such bond asjf it were a bond -
to keep the peace ordered to be executed under section
1061 of that Code. .
(3) If the conviction is set aside on appeal or
otherwise, the bond soexecuted shall become void.
(4) An order under this section may also be
n ~ n d eby an Appellate Court or by the High Court
when exercising its powers of revision.
'52-B.( I ) N o t w i t h s t : : i anything contained in the power to reten*
Code or Criminal Proced~~rc, 1 898* (Ceriira] Act V of certain
1898), or the '[Tamil Nadu] Prohation of OffendersAct$, ovenciers on
probation of
1936, ("Tanil Nadu] Act 111 of 1937)when any person g<,od conduct.
is fountl guilty of-
((I) ;111y OI~CIICI: pi~~lishlblc i~ndcrscctioli 4-A,
6 , 1 1 or 24, 01.
(11) lhc comn~ission,attemnt to commit, or
abetment of the commission of, any of the acts making
up ally such offence :ts i s rcfci-rcd to in clause (a),
when such cornmission, attempt or abetment is punish-
able under section 12, or
---- --
Sections 52-A to 52-D were inserted by section 18 of the Tamil
I
Nadu Prollibition (A~n:ndmcnt) Act, 19i8 (Tamil Nadu Act VIlI of
1958).
These words were substituted for the word " Madras " by the
J

Tamil Nadu Adaptatiu~: of Laws Order. 1969, as amended by the

Tamil Nadu Adaptation of Laws (Second Atnendment) Order, 1969.
*Sre now tItc Codc of Crimiaal Procedure, 1973 (Central Act 2
o f 1974).
1'See now tllc Codc of Cri~llilli~l , (Central Act 2 of
l ' r ~ ~ c l u r e1973 I
1974 ), scction 106.
$ Corlse~uenton the c o n ~ h ginto force of the Probation of . 1
OtTenders i r c i ,1968 (Central Act 20 of 1958) in this State, the Tamil
Nadu Probetion of Offenders Act, 1937 (Tamil Nadu Act 111 of
1937) remains inopetattve. "
j "
I
/

.?
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LatestLaws.com

a bond, with at least one surety to appear

and receive sentence when called upon at any tlme
during such period not exceeding five years as the
Court may direct and in the meantime to abstain from
committing any offence under this Act :
Provided that the Court shall not direct the
release of an offender under this section, unless it is
satisfied that the offender or his surety or one of his
sureties has a fixed place of abode or regular occupa-
tion in the place for which the Court acts or in which
the offender is likely to live during the period named for
the observance of the conditions.
(2) Where the offender referred to in sub-
section (I) is under twenty-four years of age, the
Court mily milke a supervision order directing that
such offender shall be u~~tlcr the supervision of' such
probation officer appointed u~zderthe '[Tamil Nadu]
Prob:~tionof Offclzdel-s Act, 1936* '([Tamil Nadu] Act

i
III of 1937), as lnay be lzntned in the order during the
period specriied therein and imposing such other
c~)nd~tlons for securing such super;.i;hn as may be I
spt-c~fiedin thc order:
I
Providccl that the pcriod so specified shall not
c\tend beyond the date or1 which, in the opinion of i
the C o ~ ~ rthe
t , offcttder wrll attain the age of twenty-
live years,
(3) A C o ~ ~making
rt :r supervision order ~llider
sub-section (2) shall reqt~irc the oflel~der, before 4
9
he is releasctl t o enter into it bond, with at least one
surety, to observe the co~lditrotlsspecified -- in suc11
'These words were substituted for the word " Madras " by the
Tamil Nadu Adaptation of Laws Order, 1969, as amended by the
Tamil Nadu Adaptation of Laws (Se~wndAmendment) Order, 1969.
*Consequent on the coming into force of the Probation of
Offenders Ac(, 1968 Central Act 20 of 1958) in this State, the Tamil
N ~ d uPcobat~onof 6Re?ders Act, 1 4 7 (Tamil Nadu Act 111 of
1937) remains inoperative.
 LatestLaws.com
...
" *
-
1937 : T. N. Act X] ., Prohibition
I
order and such additional conditions with respect to
i'/
residence, abstention from intoxicants and any other ,
matters as the Court may, having regard to the parti-
cular circumstances of the case, consider fit to impose
for preventing a commission of any offence ulider this !
Act by the offender.
(4) A Court making a supervision order shall
filrnish to the offender and the surety or sureties a
notice in writing stating in simple terms the conditions
of the bond.
(5) An order under this section m a y be made
by any Appellate C9urt or by the High Court when
exercising its powers of revision.

'52-C. (I) If the Court before which the offender Procedure in

1s bound by his bond under section 52-B to appear for case of
sentence when called upon, or any Court which could failing offenderto
have dealt with the offender in respect of his original ob,erve
offence, has reason to believe that the offender has failed &q::ltions of
to observc any of the conditions of the bond executed
by him, it may issuc a warrant for his apprehension,
or may, if it thinks fit, issue a summons to the offender
and his surety or sureties requiring him or them to
attend before it at such time as may be specified in
the summons.
(2) The Court before which the offender is so
brought or appears may either remand him to custody
until the case is concluded, or admit him to bail with
a t least one surety, to appear on the date of hearing.
(3) If thc Court after hearing the case is satisfied
that the offender @s failed to observe any of the con-
ditions of the bond executed by him, it may forthwith
sentence him for the original offence.
(4) An order under this section may be made by
any Appellate Court or by the High Court when
exercising its powers of revlsion.
----
I
I I
I
_ - - - _ C -

Sections 52-A to 62-Dwere inserted b &ion 18 of the Tamil

1
Nadu Prohibition (Arnendmpnt) Act, 1968 hamil N.a,d ~Act VIfl of 1
1968).
I
 LatestLaws.com

152-D.The provisions of sections 122, 126,126A,

406-A(b) and (c), 514, 514-A, 514-B and 515 of the
Code of Criminal Procedure, 1898* (Cbntral Act V of
1898) shall so far as may be, apply in the case of
sureties given under this Act.

1898.

Prohibition 3[53-A. A Prohibition Officer shall be deemed to

OtRcer be a Police Officer within the meaning and for the
deemed to
be a Police purposes of section 125 of the Indian Evidence Act, Central
officer for 1872.1
certain pur-
poses.

CHAPTER VT.
Rules crnd Notifiations.
Power ta
make 54. (1) Thc '(State) Government may make rules
rules.
fur the purpo3c of carrying into effect the provisions
o f this Act.
( 2 ) I n particular and without prejudice to the
ge~~crallty of the foregoing provision, the 4[Stfate]
Government may make sules-
(a) for the issue of licences and permits and
the enforcement of the conditions thereef ;

8 These words were substituted for the words "Nothing contained

in this Act" by scclion 19, ihid,
This section was inserted by section 2 of the Madras Prohibition
(Secvnd Amendment) Act, 1949 (Madras Act XLV of 1949).
4Thi word wiu, substituted for the word ''Provincial" by the
Adaptation Order of 1960.
*See now sections 121, 123, 124, 373, 446, 447,448 and 449 feu.
pectively o f the Codo of Criminal Proecdure, 1973 (Central Act 2 of ,
 LatestLaws.com
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/
1937: T.N. Act X] Prohibition 557
(b) prescribing the powers to be exercised and
the duties to be performed by paid and honorary
Prohibition Officers in furtherance of the objects
of the Act.

I '[(bb) prescribing the ways in which the duty

under section 18-A may be levied ;I
(c) determining the local jurisdiction of Police
and Prohibition Officers in regard to inquiries and the
exercise of preventive and investigating powers ;
(d) authorizing any officer or person ro exercise
any power or perforin any duty under this Act ;
(e) prescribing the powers and duties of
prohibition committees and the members thereof and
the intervals at which the members of such comn~ittees
shall make their reports;
regulating the delegation by the Com-
missioner or by Collectors or other district officers of
any powers conferred on them by or under his Act ;
( g ) regulating the cultivation of the hemp
plant, tile collection of those portions of such plant
from wllicll intoxicating drugs can be manufacttu-cd
and thc nlanufact~treof such drugs theref~.om;
(11) declaring how delu~liircd spirit shall bc
ntanufactured ;
1 (i) declaring in what cases or classcs of c a m

~ and to wlmt authorities appeals sltall lie from osders,

whctller original or appellate, passed undel. this Act
or undcr any rule nude thereul~dcr,or by what autllorl-
tics such, orders n u y bc reviscd, itnd prcscri'oi~~g tllc
time and manner of presenting appeals, atlcl thc
1 procedure for dealii~gtherewith ;
(j) for the grant of bat~alo witne\scs, ant1 of
compctlshtiotl for loss or tinlc t o pcr.\onc rcl~.a\ctl
under sub-cectib11(3) of scctio1138 011 I he g~.otlrltl1 II;II
- -- - - - - - - - - - -- - .
'This clause was itisertcd by seclio~l3 (of the Madras Plohibitiot~
(Second Amendwnt) Act, 1948 (Madrib Acl XJX of 1948).
\
 LatestLaws.com
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they have been improperly arrest

charged before a Magistrate with
Act and acquitted ;
(k) regulating the power c.rf Police and Pro-
hibition Officers to summon witnesses from a distance
i under section 42; '1 ]
(0 for the disposal of articles confiscated and
of the proceeds thereof.
'[(tn) fbr the prevzntion of the use of medicinal
or toilcFpreparations for any purpose other than
medicinal or toilet purposes and for the regulation of
the use of any liquor or drug exempted from all or any
of the provisions of this Act ;
(n) for the proper collecrion of duty on ail b
kinds of liquor or drugs ; 4
'[(nn) for exemption from, or suspension of,
the operation of any rule made under this Act ;]

I '
f
for all matters expressly requi;ed or allowed
(0) - i
by this Act to be prescribed.]
!f

'[(2-A) A rule or notification under this

Act m y be made or issued so as to hsve rctrospective
effect on and from a date not earlier than ,--'
(i) the 1st September 1973, in so FL1r as it
relates to toddy ; and
(ii) the 1st September 1974, in so far as it
relates to any liquor other than toddy.]
- ..- --. ... .
The word "and" was omitted by section 20 (a) ( i ) of the Tamil
Nadu Prohibition (Amendment) Act, 1968 (Tamil Nadu Act V l l l of

Clauses (m), (n) and (0) were added by section 20 (a) (li), /hid,
adu Pro-
and was

Ma--.. ..-.
-A^--& -- . .~

. .. ,
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1937 : T.N.'AC~X] prohibition '

1[(3) A11 rules made under this Act shall, as . i

soon as possible after they are made, be placed on the I

table of both thc Houses of the Legislature and shall

be subject to such modifications by way of amendments
or repeal as the Legislative Assembly may make within
foitrtcen days on which thc House actually sits either
in the same sessio~lor in more than one session.]

I
55. All rules madk and notifications issued under pubiicatioo of
this Act shall be pitblished in the Official Gazette and rules and not16-
upon S L L Cpublication,
~ shall have effect as if enacted
in this Act.

CHAPIEK V11.

56. No action shall lie against tfle '[Go ,;ern:' t. t] Actions agaitlbt
f

or : i c ~ ; ~ i r ~ . ,:It;;
l Prohibitio::, Folic,. (,I. !,tho;' office, fur theOovernment,
claliii~gcsin any civil court for any act bonafirle done CtC.
or o~*dcrcd10 be done in pursuance of this Act.

57, All cottrls shtrll take judici;~lnotice ot' all n o ~ i Courts

- to take
ficittio~~s;knd o~.tlcr.s conferring powel.s, impositl; judicial notiw
cii~ticsand maki~lpappointments culdcr this ACI. ol' .ippoint-
mcnts.

1 This sub-cection wn:L :~tlc!cdby section 20 (b) o f the Tamil Nadu

Prohibiti~)n(Amcndmcnt)Act, 1958 (Tamil N,~duAct VIlI o f 1358).
1 This word was substiti~ted for the wc~rd " Crown " by the
Adaptation Order of 1960.
 LatestLaws.com
O*. ,* S-rLatestLaws.com
.~~rohibltion
+ 11937 : T.N. Act X
[SCHEDULE I 1'
(See sectio~i2.)

Num- Exlent of
Year, ber. Short title 01. subject. r4epeul.

2[TutnilNadu Acts],

The 3[Tamil Nadul Thc whole.

Abkari Act, 1886.

1905 I The Madras Abkari Do.

(Ameudmcnt) Act,
1905.

1913 I The Madras Abkari Do.

(Amendment) Act,
1913.

1915 I The Madras Abkari Do.

(Amendment), Act,
1915.

The original Schedule was numbered as Schedule t by section 21

of the Tamil Nadu Prohibition (Amendment) Act, 190'8 (Tamil Nadu
Act VIII of 1958). H

* This expression was substituted for the expression " Acts of the
Governor of Fort St. George in Council " by the Tamil Nadu Adap-
tation of Laws Order, 1970, which was deemed t~ have come into
form on the 14th Jmi~at-y1969.

These words were substituted for the word " Madras " by the
Tamil Nadu Ahptation o f Laws Order, 1969, as amended by the
/
T d Nadu Adaptation of Laws (Second Amendment) Order, 1969.
,
I
I
t .
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: 1.1V. Act LatestLaws.com
AJ A I Y ~ ~ L Y 6 ~ A ~

t
Num. Extent qf
Year, bcr. Short rille or subject. r4eaZ.

1
[To~nilN(u6r ~ e t s ] . '

1929 XVIIl The Madras Abkari The whole,

(Amendment) Act,
1929.
11 Tho Da~lgcrousDrugs So much, of
Act, 1930. Schedule
I1 as re-
lates to

3[SCHEDULE 11.
BOND TO ABSTAIN FROM THE COMMISSION
OF OFFENCES UNDER THE '[TAMIL
NADU] PROHIBITION ACT, 1937.
(See section 52-A.)

Whereas I, (name),
inhabitant of (place), have
been called upon to enter into a bond to abstain from
the commission of any offence under sections 4 (1) (b),
4 (1) (d), 4 (1) (e) and 4 (1) (i) of the SITamil Nadu]
Prohibition Act, 1937, for the term of
This expression was,;ubstituted for the expression '' ACLS
of the Madras L e g i s l ~ ~ ~ rbye the Tamil Nadt.. Adaptation of Laws
Order, 1970, which was deemed to have come into force on the 14th
January 1969.
These words were substituted for the word " Madras" by the
Tamil Nadu Adaptation of Laws Order, 1969, as amended by the
Tatnil Nadu Adaptatiotl of Laws (Second Amendment) Order, 1969
8 This Schedule was added by section 21 of the Tamil Nadu Prohi-
bidon (Amendment) Act, 1958 (TamilNadu Act MI1 of 1938).

- . . , A
.-" .--
 LatestLaws.com

E Dated this day of . 19 .

(Signature.)

Wbere a bond with sureties is to be executed, add-

Wc do hereby declare ourselves sureties for the
sbovenamed that he will abs-
tain from the commission of any offence under sections
4 (1) (b),4 (1) (d), 4 ( I ) (e),4 (1) (i) of the "Tamil Nadu]
Prohibition Act, 1937, during the said term, and in
czsc of his making default therein, we bind ourselves,
jointly ancl scverally. to forfeit to the '[State of Tamil
Nadu], the sum of rupees

Dated this day of 19 .

(Signature.)]
---- - -. -.-&--. --- - .
' This expression was 5~rbslituted for Ihc cupsession " Statc of
Stadras " by l i ~ cT~uiiilSad11 Ad;rptation o f L:LW Order, 1969, as
;rmended by t h e Tnnlil h'2d:l Ad:lptation of L;~\vs(Second Anlend-
~ncnt)Order, 1969.
These words wcre substituted foi the wur.cI "Madras" by ibid.
 LatestLaws.com

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1978 : T.N, Act 321 Prohibition (Amendment) 933

TAMIL NADU ACT NO. 32 Ol? 1W8.*

THE TAMIL NADU PROHIBITION
(AMENDMENT) ACT, 1978.
[Received the assent of the Governor on the 26th September
1978, first published in the Tamil Nadu Government
Gazette Extraordinary on the 27th September 1978
(Purattasi 11, Kalayukti (2009-Tiruvalluvar Andu)).]
An Act further to amend the Tamil Nadu Prohibition
Act, 1937.
BE it enacted by the Legislature of the State of Tamil Nadu
in the Twenty-ninth Year of the Republic of India as
follows :-
1. (I) This Act may be called the Tamil Nadu Pro-
hibition (Amendment) Act, 1978.
:,"~",~
(2) It shall come into force on such date as the State
Government may, by notification, appoint.
2. After section 20-B of the Tamil Nadu prohibition^^^$.$$^
Act, 1937 (Tamil Nadu Act X of 1937), the followingTamilN a d A C ~
section shall be inserted, namely :- X of 1937.
" 20-C. Licence for possession and use of denatured
spirit in the manufacture of speciJied commodities, etc.-
Notwithstanding anything contained in this Act, no
licence under this Act shall be issued-
(i) for the possession and use of denatured spirit
in the manufacture of Varnish (French Polish), Picture
Varnish, Insulating Varnish, Paint Remover, Gasket
Shellac, Printing ink or such other commodities as may be
specified by the State Government from time to time
except to the units of any department of the State Govern-
ment or of any Government company within the meaning
of the Companies Act, 1956 (Central Act 1 of 1956) or
any Corporation owned or controlled by the Central
Government or the State Government and to manufac-
turers of spirit based products who are registered with
the Director-General of Technical Development, Govern-
ment of India or the Director of Industries and Com-
merce, Madras ;
-
* For Statement of Objects and Reasons, see TamilNadu Govern-
men! Gazette Extraordinary, dated the 11th $eptember 1978, Part IV-
Section 1, Page 458,
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934 prohibition (~mendment) [I978 :T. N. Act 32

(ii) for the possession and sale, whether wholesale

or retail, of denatured spirit or of Varnish (Brench Polish)
except to the units of any department of the State Govern-
ment or of any Government company within the meaning
of the Companies Act, 1956 (Central Act 1 of 1956) or
any Corporation owned or controlled by the Central
Government or the State Government or a co-operative
society registered or deemed to have been registered under
any law in farce for the time being.".
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I979 ;TD. Act 91 Prohibition (dmendnenf) hi
TAMlL NADU ACT NO. 9 OF 1979.*
THE TAMIL NADU PROHIBITION (AMENDMENT)
ACT, 1979.
[Received the assent of the President on the 21st March
1979, first published in the Tamil Nadu Government
Gazette Extraordinary on the 22nd March 1979
(Panguni 8, Kalayukti (2010-Tiruvalluvar Andu)).]
An Act furtber to amend the Tamil Nadu Prohibition
Act, u 3 7 .
Be it enacted by the Legislature of the State of Tamil
Nadu in the Thirtieth Year of the Republic of India as
follows :-
1. (1) This Act may be called the Tamil Nadu Prohi- Short &lo*
bition (Amendment) Act, 1979.
(2) This Act, except section 4, shall be deemed to
have come into force on the 3rd October 1978 and section
4 of this Act shall come into force on the date of the
publication of this Act in the Tamil Nadu Government
Gazette.
a. In section 3 of the Tamil Nadu Prohibition Act, Amendment of
1937 (Tamil Nadu Act X of 1937) (hereinafter referred to section%
as the principal Act), after clause (14), the following
clause shall be inserted, namely :-
27g:f"$..,.
"(14-A) 'public servant' means-
(i) any Police Officer; or
(ii) any Prohibition Officer ; or
(iii) any other officer of the State Government
suthorised by or under this Act to exercise all or any
of the powers or perform all or any of the duties under
this Act;".
3. In section 4 of the principal Act,- Amendment of
(1) in sub-section (I),- scction 4, ~ rn
Nadu Act X
(a) after clause (j), the following clause shall be of 1937.
nserted, namely :-
"Uj) knowingly expends or applies any money
in direct furtherance or support of the commission of
any of the acts specified in clauses (a) t o (j); ";
-"

* For Statement of Objects and Reasons, seeTamil Nadu 00-

merit Gazette Extraordinary, dated the 23rd February 1979, part
IV-Section 1, Pam 56.
125-10-61
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962 I
Prohibklon (~mendment); [I979 : T.N. Act 9
(b) for the portion beginning with the words
"shall be punished" and ending with the words, brackets
and letter "or any intoxicating drug falling undef clause
(a)", the following shall be substituted, namely :-

"shall be punished-
(i) in the case of an offence falling under
clause (a), clause (b), clause (f),clause (g), clause (h),
clhuse ( i ) or clause ( j j ) or an offence falling under clause
(k) in so far as it relates to an act specified in any of the
clauses aforesaid, witpirigorous irnpriscament for a term
which may extend to five years and with fine which may
extend to seven thousand rupees :

Provided that-
(a) for a first offence, such rigorous
imprisonment shall not be-
(A) less than six months in the case of
any person other than a public servant; or
(B) less than one year in the case of a
public servant
l
and such fine shall not be less than two thousand rupees;
(b) for a second or subsequent offence,
such rigorous imprisonment shall not be-
(A) less than one year in the case of ,
any person other than a public servant; or
(B) less than two years in the case of a
public servant
I and such fine shall not be less than three thousand rupees;
(ii-a) in the case of an offence falling undm
lause ( j ) , with rigorous imprisonment for a term which
may extend to three years and with fine which may extend
to three thousand rupees :
Provided that-
(a) for a first offence, such rigorous im-
prisonment shall not be-
(A) less than three months in the case
of afiy person other than a public servant; or
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i949 : T.N. Act 9j Prohibition (Amendment ) 963

(3)less than six months in the case of a

public servant
and such fine shall not be less than cane thousand rupees
(b) for a second or subsequent offence,
such rigorous imprisonment shall not be-
(A) less than six months in the case of
any person other than a public servant ; or
(B) less than one year in the case of a
public servant
and such fine shall not be less than two thousand
rupees ;
(ii-b) in any other case with rigorous im-
prisonment for a term which may extend to three years
and with fine which may extend to three thousand rupees;";
(2) after sub-section (I), the following sub-section
shall be inserted, namely :-
"(1-A) Where in the case of an offence falling
under clause (a), clause (b), clause (h), or clause (i) of
sub-section (I), the liquor or any intoxicating drug
involved contains any ingredient which is likely to cause
death or grievous hurt to the consumer, then the offender,
on conviction, shall be punished-
(i) if death has ensued due to its cohsumption,
with rigorous imprisonment for life and with fine which
shall not be less than five thousand rupees; and
(ii) in any other case, with rigorous imprison-
ment for a term which may extend to ten years and with
fine which may extend to seven thousand rupees :
Provided that such rigorous imprisonment under
clause (ii) shall not be-
(A) less than five years in the case of any
person other than a public servant; or
(B) less than seven years in the case of a public
servant
and such h e shall not be less than five thousand rupees.";
(3) in clause (a) of sub-section (2), for the expression
"clauses (a) to (j)", the expression "clauses (a) to (jj)"
shall be substitutad.
125--10-61A
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864 prohibition (Amendraent) l1979: T.N. Act %

Substitution 4. For section 4-A of the principal Act, the following

of new section section shall be substituted, namely:-
for section
4-A, Tamil
Nadu Act X "4-A. Punishmentfor being found in a state of intoxi-
of 1937. cation.-Whoever is found in a state of intoxication in any
public place and whoever, not having been permitted to
consume any liquor or intoxicating drug in pursuance of this
Act, is found in a state of intoxication in any private place,
shall be punished with rigorous imprisonment for a term
which may extend to three years and with fine which may
extend to three thousand rupees
Provided that-
(a) for a first offence, such rigorous imprisonment
Shall not be-
(A) less than three months in the case of any
person other than a public servant; or
(B) less than six months in the case of a public
servant
and such fine shall not be less than one thousand rupees;
(b) for a second or subsequent offence, such a
rigorous
- imprisonment shall not be-
(A) less than six months in the case of any
person other than a public servant ; or
(B) less than one year in the case of a public

I
sas'vant
and such fine shall not be less than two thousand
rupees.".
Amendment 5. In section 5 of the principal Act, for the portion
Of section 5* beginning with the words "shall be punished" and ending
Tamil Nadu
x of with the words " for a thud and subsequent offences", the
1937. following shall be substituted, namely :-
"shall be punished with rigorous imprisonment for a
term which may extend to fiveyears and with fine which
may extend to seven thousand rupees:
Provided that-
(a) for a first offence, such rigorous imprisonment
shall not be-
(A) less than one year in the case of any person
other than a public servant; or
(B) less than two years in the case of a public
servant
and such fine shall not be less than two thousand rupees;
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1979: 'S,N,Ad 91 Prohibition ( A d m m t ) 965

(b) for a second or subsequent offence, such
i
-,
rigorous imprisonment shall not be-
(A) less than two years in the case of any
person other than a public servant; or
(B) less than three years in the case of a publi~
servant
and such fine shall not be less than three thou~andrupees.~'

the expression "with imprisonment ", the expressioll

"with rigorous imprisonment" shall be substituted.
zf;,$zd,,
6. In sections 6, 8, 10 and I I of the principal Act, for Amendment

Tamil Nadu
Act X of 1937.
7. For section 7 of the principal Act, the following Substitution
section shall be substituted, namely:- of new section
for section 7,
Tamil Nadu
"7. Purzishment for conspiracy.-When two or more Act X Of
persons agree- 1937.

(i) to commit or cause to be committed any

offence falling under clause (a), clause (b), clause (f), clause
(g), clause (h), clause (i) or clause (jj) of sub-section (1)
of section 4, or an offence falling under clause (k) of the
said sub-section in so far as it relates to an act specified in
any of the clauses aforesaid; or
(ii) to commit or cause to be committed any offence
falling under section 5; or
(iii) to commit or cause to be committed any other
offencefalling under any other clause of sub-section (1) of
section 4, or to evade or nullify the provisions of this Act,
each of such persons shall, notwithstanding that no act
except the agreement was done by any of the parties
thereto in pursuance thereof, be punished-
(a) in the case of an offence referred to in clause
(i),withrigorous imprisonment for a term which may extend
to five years and with fine which may extend to seven
thousand rupees :
Provided that-
(a) for a first offence, such rigorous imprison.
ment shall not be-
(A) less than six months in the case of any
person other than adpublic servant; or
 LatestLaws.com
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966 Prohibition (Amendment) 11979: T.N. Act 9
(B) less than one year in the case of a
public servant
and such fine shall not be less than two thousand rupees;
(b) for a second or subsequent offence, such
rigorous imprisonment shall not be-
(A) less than one year in the case of any
person other than a public servant; or
(B) less than two years in the case of a
public servant
and such fine shall not be less than three thousand rupees;
(b) in the case of an offence referred to in
clause (ii), with rigorous imprisonment for a term which
may extend to five years and with fine which may extend
to seven thousand rupees:

Provided that- I
(a) for a first offence, such rigorous imprison-
ment shall not be-
I
(A) less than one ydar in the case of any
Frson other than a public servant ; or
(B) less than two years in the case of a
public servant
and such fine shall not be less than two thousand rupees;
(b) for a second or subsequent offence, such
rigorous imprisonment shall not be-
(A) less than two years in the case ofany
person other than a public servant; or
(B) less than three years in the case of a
public servant
and such fine shall not be less than three thousand rupees;
(c) in the case of an offencereferred to in clause
(Iii), with rigorous imprisonment for a term which may
e b e ~ dto three years and with fine which may extend tg
three thousand rupees.",
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3979 : T.N. Act 91 Prohibition (Amendment) 967

8. In section 14 of the principal Act,- Amendment
of section 14,
(1) in sub-section (I), for the words "may be Tamil Hadu
ordered by the court", the words "shall be ordered by the Act x of
i oourt" shall be substituted;
(2) for sub-section (2),
1937.

the following sub-section

shall be substituted, namely :-
"(2) Where, during the trial of a case for an
offace against this Act, the court decides that anything
is liable to confiscation, the court shall order the confisca-
tion :
Provided that no animal, vessel, cart or other
vehicle shall be confiscated under sub-section (I), or sub-
section (2), if the court after hearing the owner of such
animal, vessel, cart or other vehicle and any person claiming
any right thereto, is satisfied that the owner and such
person had exercised due care in the prevention of the
commission of such an offence.";
(3) in sub-section (3), for the words "may order such
coniiscation", the words "shall order such confiscation "
shall be substituted;
(4) after sub-section (3), the following sub-section
shall be added, namely:-
"(4) Notwithstanding anything contained in sub-
sections (1) to (3), the Collector or other Prohibition Officer
in-charge of the district or any other officer authorised by
the State Government in that behalf, shall detain the animal, ,
vessel, cart or other vehicle used in the commission of an
offence against this Act till the case is disposed of by the
court and notwithstanding anything contained in the Code
of Criminal Procedure, 1973 (Central Act 2 of 1974),
no interim order regarding the disposal of such property shall
be passed by the court till the casc is disposed of.".

9. After section 14 of the principal Act, the following Insertion ef

section shall be inserted, namely:- new section
14-.4 in ~ a m i l
Nadu Act X of
"14-A. Owner of animal, vessel, cart or other vehicle 1937.
deemed to be guilty in certain cases.-Where any animal,
vessel, cart or other vehicle is used in the commission of any
offence under this Act and is liable to confiscation, the
owner thereof shall be deemed to be guilty of such offence
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I
968 Prohibition (Amenhent) [1979:T.N.A C ~9

I
and such owner shall be liable to be proceeded against and
punished accordingly unless he satsifies the court that he
had exercised due care in the prevention of the commission
of such an offence.".
Substitution 10. For sectiom 15-A, 15-B and 15-C of the principal
of new see- Act ,the following sections shall be substituted, namely :-
ti,,, f,,
sections 1 5 4 ,
15-B and " 15-A. Summary trial of certain oflences.-Notwith-
z:i3l4a*
15.C* standing anything contained in the Code of Criminal
Procedure, 1973 (Central Act 2 of 19741, the State Govern-
ment may confer on-

I (i) any Judicial Magistrate of the first class, or

I (ii) any Judicial Magistrate of the second class, or
(iii) any Special Judicial Magistrate appointed
under section 13 of the Code of Criminal Procedure, 1973
(Central Act 2 of 19741,
power to try summarily in accoidance with the provisions
contained in sections 262 to 265 of the said Code, all or
any of the offences which are punishable under this Act
with rigorous imprisonment fcr a term not exceeding six
months, or with h e , or with both, bat as a result of such
trial no sentence except a sentence of fine shall be imposed.

15-B. Erthanced jurisdiction of Judicial Magistrates,

Metvopolitt?n Magistrates and SpecialJudichl Magistrates.-
(1) Ndtwithstanding anything contained in secticn 29 of
the Code of Criminal Promdure, 1973 (Central Act 2 of
1974), it shall bi: lawful for the Magistrates specified in
column (1) of the Tslbl;: below to exercise the powers
specified in the corresponding entry in column (2) thereof,
in respect of offences punishable under this Act ,:

Judicial Magistrates of the Rigorous imprisonment for

fiw class or Metropolitan a term not exceeding
Magistrates. five years : fine not ex-
ceeding seven thousand
rupees.
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I979 :T. N. Act 91 Prohibition (~merzdment) 969

Judicial Magistrates of the Rigorous imprisonment for

second class or Special Judi- a term not exceeding
cia1 Magistrates appointed three years; fine not
under section 13of the Code exceeding t h ~ e thousand
e
of Criminal Procedure, 1973 rupees.
(Central Act 2 of 1974).
(2) Notwithstanding anything contained in
section 26 of the Code of Criminal Procedure, 1973
(Central Act 2 of 19741,-
(a) any offence punishable with rigorous
imprisonment for a term not exceeding three years may be
tried by a Judicial Magistrate of the second class or a Spe-
cial Judicial Magistrate appointed under section 13 of the
said Code ;
(b) any offence punishable with rigorous
imprisonment for a term not exceeding five years may
be tried by a Judicial Magistrate of the first class
or a Metropolitan Magistrate; and
(c) any offence under section 4 (I-A) may be
tried by a Cowt of Session.
15-C. Certain ofences to be non-bailable.-(1) ne
offences punishable under this Act with rigorous imprison-
ment for a term which may extend to three years and up-
wards shall be non-bailable and the provisions of the Code
of Criminal Procedure, 1973 (Central Act 2 of 1974), with
respect to non-bailable offences, shall apply to those
offences.
(2) Nothing contained in sections 27, 28, 29, 32,
38 and 39 shall be construed as enabling a pe~scntc be
admitted to bail if the offence alleged ta have been con-.
mitted by such person is one referred to in sub-section (I).".

11. For sub-section (2) of section 16 of the principal Amndment of

Act,thefollowing sub-section shall besubstituted, namely:- section 16,
Tamil Nadu
Act X of 1937.
" (2) Whoever commits a breach of any of the
conditions subject to which the exempticn is nciifiec' under
sub-section (1 1, shall be punished with rigorous imprison-
ment for a term which may extend to three years and with
fine which may extend to three thousand rupees:
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I 970 Prohibition (~mendment) [UN9 : T.N. Act 9

Providedthat-
(a) for a first offence, such; rigorous imprisonment
shall not be-

I (A) less than sixmonths in the case of any ptrson

other than a public servant; or

servaflt
(B) less than one year in the case d a public
and such fine shall not be less than one thousmd rupees ;
(b) for a second or subsequent offence, such
rigorous imprisonment shall not be-
,(A) less than one year in the case of any person
other thaa a public servant ; or
(B) less than two years in the case of a public
servant
and such fine shdl not be less than two thousand rupees.".
Amendment 13. For sub-section (2) of section 17-A of the principal
17-A. Tamil Act, the following sub-section shall be substituted,
Nadu Act X namely :-
of 1937. " (2) *Whoevercommits a breach of any of the condi-
tions subject to which the exemption is notified under
sub-section (11, shall be punished with rigorous imprison-
,merit for a term which may extend to three years and with
fine which may extend to three thousand rupees :

Provided that-
(a) for a first offence, such rigorous imp~imqment
shall not be less than six months and such fine sh2ll net be
less than one thousand rupees ;
(b) for a second or subsequent offence, awh
rigorous imprisonment shall not be less thqn one year and
such fine shall not be less than two thousand rupees.".
13. In section 24 of the principal Act, for the words "be
d* 24, wished with imprisonment .which may extend t o six
''6amPN~du months or with fine which may extend to one thousand
rupees or both", the following shall be substituted,
%isx Or namely:-
" be punished with rigorous imprisoffmentfor aterrn
-&ich may extend to three years and with fine which *Ray
@end to three thousand rupees a
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$979 :T.N. Act 91 Prohibition (Amendment) 971

PEovided that-
(a) for a first offence, such rigorous imprisonment
shall not be-
(A) less than six months in the case of any person
other than a public servant ;or
(B) less than one year in the case of a public
servant
gnd such fine shall not be leis than one thousand rupees;
(b) for a second or subsequent offence, such
rigorous imprisonment shall not be-
(A) less than one year in the case of any person
other than a public servant ;o r
(B) less than two years in the case of a public
servant
and such fine shall not be less than two thousand rupees.".
14. In section 32 of the principal Act,- Amendment
of section 32,
(i) in clause (a), the expression " or section 7 OrTq'pikzdu
section 24 or any offence punishable with rigorous imprison- 1937,
ment for three years and upwards " shall be added at the
end ;
(ii) in the second proviso, the words " with a report
attested by two or more witnesses specifying the quantity
of toddy, wash or sonti soru seized and destroyed a t d
the number of the pots and other receptacles sent" occur-
ring at the end shall be omitted.
15. After section 41-A of the principal Act, the following Im~fion.of
new &on
section shall be inserted, namely :- 41-B in Tamil
" 41-B. Presumption that the liquor consumed is anof
Nadu
1937.
x
illicit variety.-Where in any trial of an offencepunishable
under section 4 (1) ( j ) , it i4 proved that a person has con.
sumed liquor or any intoxicating drug, it shall be presumed,
uqtilthe contrary is proved, that such liquor or intoxicating
drug ic: an illicit variety.".
16. In section 52-A of the principal Act, in sub-section Amendment
(I), for the expressionccclause (b) or clause ( d ) or clause (e) of section
pr clause (i) of section 4 (1) ",the expression " clause (a),52-A,N.d,, Tamil
da Xi
of 1937.
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I 972 Prohibition ( A m e h n t ) [I979:T.N. A& 9

clause (b), clause (d), clause (e), clause (f), clause (g),
clause (h), clause (i) or clause Cjj) of section 4 (1) " shall be
substituted.
i
17. In section 52-B of the principal Act,-
Amendment
of section
52-B, Tamil (1) in sub-section (I),-
Nadu Act X
of 1937. (i) for the expression " or the Madras Probation
of Offenders Act, 1936 (Madras Act I11 of 1937) ", the
ekpression "or the Probation of Offenders Act, 1958
(Central Act 20 of 1958) " shall be substituted ;
(ii) in clause (a), for the expression " sections 4-A,
6 , l l or 24", the expression "section 6 "shall be substituted;
(iii) in clause (b), the word " or " occurring at the
end shall be omitted ;
I
(iv) in clause (c), the expression " (c) any bieach
of any of the conditions subject to which the exemption
under section 16 or 17-A is notified " shall be omitted ;
(2) in sub-section (2), for the expression " Madras
Probation of Offenders Act, 1936 (Madras Act I11 of
1937)", thc ex ression " Probation of Offenders Act,
1958 (Central Xct 20 of 1958)" shall be substituted.
Insertion 18. After section 52-B of the prinoipal Act, the
new section following section shall be inserted, namely :-
52,~~ in
Tarml Nadu
Act X of c < ~ ~ - BPersons
B. not to be released on probatio~.-
1937. ~ x c c p tas provided in section 52-B, notwithstanding
anything contained in the Code of Criminal Procedure,
1973 (Central Act 2 of 1974) and the
Probation of Offenders Act, 1958(Central Act 20 of 1958),
no person convicted under this Act shall be released on
probation or with admonition.".
1
amend,,,* 19. In section 52-D of the principal Act, for the ex-
of sect~on pression "122, 126, 126-A, 406-A (b) and (c), 514,514-A,
52-D, Tamil 514-B and 515 of the Code of Criminal Procedure, 1898
Nadu Act X (Central Act V of 1898)", the expression "121, 123, 124,
Of lg3" 373, 446, 447, 448 and 449 of the Code of Criminal Pro-
cedure, 1973 (Central Act 2 of 1974)" shall be substit@-
. 3 . ted*
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1&9 :. T.N. Act 91 Prohibition (Amenihent) 473 -

20. After section 52-D of the principal Act, the follow- Ingefiion. of
ing section shall be inserted, namely :- new sectlon
52-E in Taniil
"52-E. Removal of persons convicted of certain Nadu Act X
08ences.-(1) When any person having been previously of 1937.
convicted thrice or more-
(i) of an offence falling under clause (a), clause
(b), clause (0, clause (g), clause (h), clause (i) or clause
(0) of sub-section (1) of section 4, or an offence falling
under clause (k) of the said sub-section in so far as it
relates to an act specified in any of the clauses aforesaid;
or
(ii) of an offence falling under section 5 or
section 7,
is again convicted of the same offence the
court may, if it thinks fit, at the time of passing the sentence
of rigorous imprisonment on such person, also by order
direct such person to remove himself after the expiry of
such sentence outside the City of Madras or any district
in mofussil or other area specified in such older.
(2) The order under sub-section (1) shall specify
the period not exceeding two years during which such
order shall remain in force and shall also specify
such conditions and restrictions as may be specified in
the rules by the State Government. P

(3) The court may, at any time, for reasons to be

recorded in writing, cancel or modify the order passed
under sub-section (1).
(4) If such conviction is set aside on appeal or
otherwise, such order shall become void.
(5) An order under this section may also be made
by an appellate court or by the High Court when exercising
its powers of revision.
(6) If a person to whom a direction is issued
under sub-section (1) to remove himsclf from any area-
(i) fails to remove himself as directed, or
(ii) having so removed himself, except with the
permission in writing of tbe court mentioned in sub-
section (1) enters the area within the period specified in
the order,
the court may cause him to be arrested and removed in
police custody to such place outside the area as the
court may, in each case, specify.
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I
9 74 Prohibition (Amendmenb) [iW9 : T N. Act 9

(7) Any person who is guilty of the breach of

any order passed under sub-section (1) or of any of the
conditions or restrictio~sspecified in such older shall be
punished with rigorous imprisonmert which may extend
to three years or with fine, or with both.".

~In~endm~nt 21. (1) In sections 15, 26, 34, 41, 48, 49, 52-A, 52-B
~ 4 " , ~ ~ p h : ~ and
$f'
53 of the principal Act, for the expression "Code of
B Criminal Procedure, 1898", the expression "Code of
5 2 4 , S ~ - a,ld
53, Tamil Nadu Criminal Procedure, 1973 (Central Act 2 of 1974)" shall
Act X of 1937. be substituted and the marginal expression "Central Act
V of 1898" shall be omitted.
(2) In section 53 of the principal Act, for the ex-
pression "Code of Criminal Procedure, 1898" occurri~g
i~ the margin, the expression "Code of Criminal Procedure,
1973" shall be substituted.
1
Amendment of 22. ID Schedule I1 to the principal Act, for the expressiofi
9
'
"under sections 4 (1) (b), 4 (1) (d), 4 (1) (e) and 4 (1)
NaduAct (i),' in the two places where they occur, the expression
X of 1937.
"under sections 4 (1) (a), 4 (1) (b), 4 (1) (d), 4 (1) (e), 4 (1)
(0,
4(l) (g), 4 (1) (h), 4 (1) ( i ) and 4 (1) (jj)" shall be sub-
stituted. I
Amendment of 23. In the Criminal Law Amendment Ordinance, 19&
Central Ordi-
nance XXXVIII (Central Ordinance XXXVIII of 1944), in the Schedule,
of 1944. after item 5, the following item shall be added, namely:-
''6. (i) An offence punishable under clause (a),
clause (b), clause (f), clause (g), clause (h), clause (i) or
clauseQj) of sub-section (1) of sect~on4 of the Tamil Nadu
Prohibition Act, 1937 (Tamil Nadu Act X of 1937), or an
offence falling under clause (k) of the said sub-section
in so far as it relates to an act specified in any of the
clauses aforesaid; or
(ii) an offence falling under section 5 or section?
of the said Tamil Nadu Prohibiticn Act, 1937 (Tamil
Nadu Act X of 1937), in respect of which a person who
has been previously convictcd thrice for the ~ a r n e o f f e m ~
is subsequently prosecuted. ". I

lbpeai und 24. (1) The Tamil Nadu ~rohibitiod(Second Amend.

saving. merit) Ordinance, 1978 (Tamil Nadu Ordinance 13 of
1978), is hereby repealed.
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w$?T.&. Act 9) ProRfbftion(Amendment) wj

(2) Notwithstanding such repeal, anything done or
any action taken (including any penalty, forfeiture or
punishment incurred) under the principal Act, as amended
by the said Ordinance, shall be deemed to have been
done or taken under the principal Act as amended by
thir Act :
Provided that in respect of offences under section
4-A of the principal Act committed before the date of
the publication of this Act in the Tamil Nadu Government
Gazette, the punishment shall be as provided in section
4-A of the principal Act as in force immediately before
the date of the publication of this Act in the Tamil Nadu
Gsvernmmf Gazette.
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168 Prohibition - (Amendment) ' [I981 : TON*

Ahti23
, ,

TAMIL NADU ACT NO. 23 OF 1981."

THE TAMIL. NADU PROHIBITION (AMEN1
ACT, 1981.
r
-ti
l,?

[Received the assent of the Governor on the 22nd &ti& i, ~~3

1981. first ~ublishedin the Tamil Nl du Government '&

~ a z ;; on the 22nd April 198 1 (Chithirai

de ~xiraordinnr~
10, Thunmathi-2012-Thiruvalluvar Aandu).]
An Act further to amend the 2&il N ~ d uprohibition. Act,
LatestLaws.com .
1937. I
U

BE it enacted by the Legislature of the State of Tamil

Nadu in the Thirty-second Year of the Republic of India
as follows :--
Short title 1. (1) This Act may be called the Tamil Nadu Pro-
and com- hibition (Amendment) Act, 1981.
mencemernt.

(2) It shall come into force on such date as the State

Government may, by notification, appoint .
Amendment 2. In section 3 of the Tamil Nadu Prohibition Act,
of section 3, 1937 (Tamil Nadu Act X of 1937) (hereinafter referred to
Tamil Nadu
Act X of as the principal Act),-
1937.

(i) clause (1) may be renumbered as clause (I-A) 3

and before clause (I-A) as so re-numbered, the followin
clause shall be inserted, namely :-

(1) 'blending unit ' means a unit where

"
arrack or Indian-made foreign spirits are manufactured;"

(ii) after clause (5), the following clause shall

inserted, namely :-

-
" (5-A) ' excisable article ' means any alcoholic
liquor for human consumption but does not include
nedicinal and toilet meparations mentioned in entry 84
of -List I in t h ~evetifh
*For
-c--
~-- -
'schedule to the --
constitution; ";-
Statement of Objects and Reasons, see Tamil Nadu Govern-
%

ment Gazelte Extraordinary,

**-
dated the 6th April 1981, Patt
section I, page W I .
I . _
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1981 :T.N. Act 231 ~rohibition(Amendment) 169

(iii) after clause (6), the following clause shall be
inserted, namely :-
*' (6-A) a foreign liquor ' (except for purposes
of section 21-A) includes every liquor imported into
India, other than Indian-made foreign spirits, plain rectified
spirits and denatured and methylated spirits ;";
(iv) after'clause (71, the following clause shall be .
inserted, namely :-
' (7-A) ' Indian-made foreign spirits ' means
spirits manufactured and compounded in India and made
in colour and flavour to resemble gin, brandy, whisky
or rum imported into India and includes c' milk punch "
and other liquors consisting of or containing spirits ;".
3. For section 17-B of the principal Act, the following Substitition
sections shall be substituted, namely :- of new s e e
" 17-B. Licence Jor manufacture, etc., of potable tions
soion
for
liquor;--The State Government, or subject to their control, Tamil ad^
the Collector may, subject to such conditions as may be Act X of
prescribed, issue licence to any person or any institution 1937,
whether under the management of Government or not,-
(a) for the manufacture of liquor for human
consumption-
(i) for the purpose of sale to persons md
iwtitutions who hold permits or licences for sale of such
liquor ;
(ii) for other purposes permitted under this
Act; or
(b) for the import, export or transport of liquor
for human consumption.
17-C. Exclusive privileges of manufacture, etc., may
be granted.-(l) It shall be lawful for the State Government
to grmt to any person or persons on such conditions and
for such period as they may deem fit the exclusive or other
privilege-
(a) of manufacturing or supplying by wholesale,
or
(b) of selling by retail, or
( c ) of manufacturing or supplying by wholesale
and selling by retail,
any liquor other than f~reignliquor within any local area.
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170 Prohibit ion (Amendment) [198.1':-T.N:Act 23

.I
(2) No grantee af any privilege uiider this section
*

shall exercise the same until he has received a licence in

that behalf from the prescribed authority.".
. ~

Insertion of 4. After section 18-A of the principal Act, the following

new sections sections shall be insert.ed, namely :-
18-B to 18-G
in Tamil Nadu
Act X of 1937. - .
" 1843. Excise duty or ~ountervoilin~duty on exct's~~ble
articles.-(1) Notwithstanding anything contained in
'section 18-A, with' effect 'on and f'om the date'of the c ~ j n -
, medement of the Taniil Nadu Prohibition (Amenijnltnt)
Act, 1981, an excise duty or countervailing duty '~L&A
rate not exceeding rape&' thirty per proof litre as the
State Government may;from time to tinie, by notificatioa
:'
* . . .:
_specify, shall .be levied on -all e x c i m e articles-~.
, - . . : * 3 4. - 1 .

. . ( 6 ) permitted to be imported under-this Act ;

.' . .
. I -
...I
- (6) pe~mitteclto be exported under
.)
..
- (el permitted' to bed-.transported - under as
, Ace-; ,. ._ . .
.,. . .
(d) manufactured under
..
any licence granted
,.uhder this Act ; . . , *

-* !'

. I

manufactured at any distillery, blending hiit

(e)
* ot brewery licensed or established under this-A d ; . - 2s

- < ".-%
n

. - (f) issued from a-distillery,blending unit, brewery

or warehouse licensed or established under 'this Ad ;br
. . . :
(g) sold.inany part of this state.'
.
..
.
.. . .s

6
'
, .' .
(2) Nothing in this section .shall authbrisb the 1e.W
-
ofany duty wh.ich as between excisable articles manufact&j
br produced in the State . and . . similar excisable
articles not so hanufac~uledoi prosiuotd, discriminates
in favour of the former or .which in the case ~f excisable
afiicles manufactured or produced outside the state dis-
criminates bet ween excisable articles manufactured or
poduced in one locality and similar -excisabli &&les,
...-. . . - . . .- . . . . in another
or produced \ . . . . . locality,
. _ _ -: -
L'..l.
... I
- &
=
J
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1981-:T.N. Act 231 t ) 17 1

Prohibition (Ame~dmen
I

i . 18-C. How duty /nay be imposed.-The excise duty

.or the countervailing duty under section 1843 may be
levied in one or more of the following ways :-
L '

. (a) by duty of excise to be charged in the case of

spirits or beer either on the quantity prodnced in, or
passed our of a distillery, blending unit, brewery or ware-
house licensed or established under this Act, or in accor-
dance with such scale of equivalents, calculated on the
'quantity of materials used or by the degree of attenuation
ofthe wash or wort, as the case may be, as may be
prescribed ;
(b) by payment of a sum in consideration of the
.grant of any exclusive or other privilege-

(1) of manufacturing or supplying by wholesale,

or
(2) of selli~gby retail, or
(3) of manufacturing or supplying by wholesale
and selling by retail,
any liquor other than foreign liquor in any local area a~kd
for any specified period of time ; -
(c) by fees on licences for manufacture or sale ;
.. -
(d) in the case of toddy, or spirits manufactured
-from toddy, by a tax on each tree from which toady is
tapped or drawn, to be paid ill such instalinents and for
- s~!chperiod as the State Government may direct ; or

(e) by import, export or transport duties assessed

in such manner as the State Government may direct :
I
Provided that where there i s a difierence of duty ,! '
as between two licence periods, such difference may be , '
collected in respect of all stocks of liquor other than foreign
liquor held by licensees at the close of the former period.

18-D.Tax for tapping of, or drawing from, un-

lkensed trees from whom leviable.-(1) When duty is
levied by way of tax on,toddy trees under section 18-C,
the State Government may, Lj ~otification,direct that
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the licence required under this Act, shall be granted only

on the production, by the person applying for it, of the
written consent of the owner, or person in possession,
of such trees to the licence being granted to such person
so applying f3r it ; and when such notification has been
issued such tax shall, in default of payment by the licensee,
be recoverable from the owner or other person in posses-
sion who has so consented,

(2) When, in like caso, trees are tapped or toddy

is drawn without licence, the tax due shall be recoverable
primarily from the tapper or drawer or in default by
him from the occupeir, if any, of the land, or if the trees
do not belong to the occupier of the land, or if the land is
not occupied, from the person, if any, who owns or is in
possession of the trees unless he proves that the trees were
tapped or toddy was drawn without his consent.

18-E. Duties may be farmed.-All or any of the

duties leviable under this Act in any local area may, with
the tion on of the State Government, be farmed, subject -
to such payment and on such other conditions as the State
Government shall specify. Barmers of duties under this
section shall take out licences as such from such authority
as may be prescribed.

18-F.Tou'dy farmer may grant licence.-Whes the

exclusive or other privilege of manufacturing toddy has
been granted under section 17-C,the State Government
may declare that the written permission of the grantee
to tap or draw toddy shall have, within the area to which
the privilege extends,the same force and effect as a limn-
from such authority as may be prescribed for that
under this Act.

18-G. Farmer may let or assign.-In the abs

any contract or condition to the contrary, any grant
any exclusive or other privilege may let or assign the
or any portion of his privilege or farm. But no such 1
*
. or assignee shall exercise any rights as such unless.
until the grantee or fa!-mer,as the case may be, shall
applied to tAe prescribed authority for a licence t
given to such lessee or assignee, and such lessee or as1
shall have received the same.",
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LatestLaws.com

5. Afrer seaicn 19 of the principal Act. the following Iweniooof

section &If be inserted. namely :- new section
1S-A in Tamil
" 19-A. Licence for rappirrg or rlrowitrg of nru* todd~?, Act x
r\r~~:u
of 937,
;tc.,--Subject to the control of the State Governmeor , ~ d
subject to such conditions as may be prescribed, the
prescribed authority may,-
(i) issue licences to any person,--
(a) for tapping any toddy-producing tree or
permitting or suffering toddy to be tapped from any tree
belonging to him or in his possession ; or
(b) for drawing toddy from any tree or permitting
or suffering toddy to be drawn from any tree belonging
to him or in his possession ; or

(ii) issue permits for the possession or transport

of such toddy.".
6. In cection 21 of the principal Act, for the figures, Am?ndment of
letter and word "17-B, 18, 19 or 20", the figures, letters of section 21, I

and word "17-B, 17-C, 18, 19, 19-A or 20" shall be Tamil Act Nadu
of 1937.
substituted.
7. For section 22 of the ~rincipalAct, the following Substitution
section shall be substituted, namely :- of new section
for seclion 22, 1)

"22. Counterpart agreement to be executed by licen- Tardl Nadu i

x of 1937.
sees.-Every person taking out any licence or permit I
I
under section 64, 1 7 4 17-C, 18, 19, 19-A or 20 shall,
if so required, execute a counterpart agreement in confor- illi
I' 1
mity with the tenor of his licence or permit and give such
security for the performance cf the agreement as the State 1 1
I
Government, or the Collector or the prescribed au! hority,
as the case may be, may require.".
'
11ff '
8. In section 23 of the principal Act,- Amendment
of section 23,
(a) in sub-section (I), for the words "The Collector", Tamil
~a x orNadu
the words "The State Government or the Collector or the 1937.
prescribed authority, as the case may be " shall be substi- I

tuted : /j ,

(b) in sub-section (2), after the words "licence or

permit", the words "issued by the Collector or the pres-
'
I

cribed authority" shall be inserted.

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LatestLaws.com

~me*ionof new 9. After section 24 of the principal Act, the following

s e o t i o ~ 24-A
and ..24-B in
: - sections shall bc inserted, namely :- I I

Tamil Nadu
A Gx~ of .1937. ' 24-A. Punishment for adulteration, etc., by licensed
vendor or manufactarer .-Whoever, being the holder. of.
licence or permit for the sale or manufacture of liquor
under this Act,-

(a) mixes or permits to be mixed with the liquor

sold or manufactured by him,-
(i) any noxious drugs or any foreign ingredient
likely to add to its actual or apparent intoxicating quality
or strength, when such admixture shall not amount to
the offence of adulteration under section 272 of the bdh
Penal Code (Central Act XLV of 1860) ; or
4

( .
(ii) any illicit liquor ; or
(b) mixes or permits to be mixed with the ammk
sold or manufactured by him any colour aad Bavour
' . I , . I
to resemble any Iadian-made fbreign spi tit with the inten-
? . tion of causing it to be believed that such arrack is Indian
. .
J
made foreign t pirit ; or k .

. . ? *
(c) sells or keeps or exposes for sale,-
.*

(i) as foreign liquor, liquor which he knows or .

, . has reason to believe t o be liquor other than foreign liquor ;

I (ii) as licit liquor, liquor which he knows at

has reason to bdieve to be illisit liquor ;or .. L

(d) dilutes or permits to be diluted any liquor sold

or manufacturad by him with any matter whatsoever ,; .
or
(e) marks the cork of any bottle or any bottle,
t ,
case, package or other receptacle contaiting liquor other
" -
than foreign liquor or uses any bottle, case, package or
- other receptacle containing liquor other than foreign liquor
. . with any mark thereon or on the cork thereof. with- a

the intention of causing it to be believed that such bottle'

ca,, 21ckage or other receptacle contains foreigd liquor-
when such act shall not amount to the offence of using
a false trade .mark with intent to deceive. or injure any
person under section 482 of the Indian Peaal Code (Central
Act XLV of 1860) :or 1 ( . r ' '+4',
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LatestLaws.com

lkl :'T.'N..kcif23]
(0 sells or keeps or exposes for sale any liquor
other than foreign liquor in a bottle, case, package or
other receptacle with any mark thereon or on the cork
thereof with the inteniion of causing it to be believed that
such bottle, case, package or other receptacle contains
foreign liquor, when such act hall not ain0unt.t~the
offence of selling goods marked with a counterfeit trade :
mark under sec io ! 486 of the Indian Pella1 Code
(CealtralAct XLV of 1860), . . . I . - .- ..+-
., .
.
shall be punished with rigorous imprisonment for ti term
Y

which may extend to three years and with fine which , '
may extend to three thousand rupees : * r!.

Provided that,-
(a) for a fit st offence, such rigorous imprison-
ment shall not be less than three months and such fine
shall not be less than one thousand rupees ,
. (b) for a second or s~bsetluent offence, such
rigorous imprisonment shall not be less than six months
and such fine shall not be less than two thousand rupees.
24-B. OHences by companies.-(1 ) Where an offence
under this Act has been committed by a company, every
person who, at the time the offence was committed, was
in-charge of, and was responsible to, the company for the
conduct of the business of the conlpany, as well as the
company, shall be deemed to be guilty of the offence and
shall be liable to be proceeded against and punished
accordingly :
Provided that nothing, contained in this sub-section
shall render any such perso11 liable to any punishment,
if he proves that the offence was comnlitted without his
knowledge or that he had exercised all due di.igence to
prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-
section (I), where any offence under this Act has been
committed by a co~npanyand it is proved that the offence
has been committed with the consent or conni vance of,
or is attributable ts, any neglect on the part of any director,
manager, secretary or other officer of the company, such
director, manager, secretary or other officer shall be deemed
to be guilty ofthat offenceand shall beliable to be procee-
ded against and punished accordingly.
 LatestLaws.com

Explanation.--For the purposes of this sectior,-

(a) 'company' means any body corporate a d
includes a firm or other association of individuals, and
(b) 'director' in relation to a firm means a partner
in the firm.".
tnsertion of 10. After sectign 25 of the principal Act, the following
new section section shall be inserted, namely ;-
2 5 4 in Tamil
Nadu Act X of
1937 "25-A. Delegation of powers of State Government.-
(1) The State Government may, by notifiation, authonse
the Commissioner or any other officer subordinate to
them to exercise any of the powers vested in them under
this Act except the power to make rules and to issue

(2) The exercise of any power delegated under

sub-section (1) shall be subject to such restrictions and
conditions as I nay be specified in the notification and subject
also to control ~ n revision
d by the State Government.";
 LatestLaws.com
LatestLaws.com

550 Prohi bit ton . [I981 1 T,N.-Acf51-

(SeconG Amendment) - .. -

TAM1L NADU ACT NO. 51 OF.1981." '

THE T A h/il L NADU PROHIBITION (SECOND
AMENDMENT) ACT, 1981.
[Re:eised ihc arsent of ihe Governor on thr 9th September
198 1, first pzrblished i~ the Tamil Nadu Gcverndnt
. Guctte Extraordinary on the 10th September 1981
(A vani 2 5, Thzmmathi-2012-Thiruvalluvar Aandu).]
An Act furrrzcr to ante rid the To niil Nadil Proltibition Act, I

1937.'
'7,

BEit enacted by the Legislature of the State of Tamil Nadu

in the Thirty-second Year of the Republic of India bs.
follows :- . ,
.. "

. .- - t
I.

Short title and 1. (1) This Act may be called the Tamil Nadu Prohi-
c- meYemento bition .(Second Amendment) Act, 1981.
. *,

a . ..
0 ,
. -- . (2) (a) This Act except sections 6, 7, 8 and 9 shall be
deemed to have come into force on the 1st May 1981.
(b) Sedlons 6 and 8 shall be deemed to have-come
into force on the 23rd May 1981.
tc) Sections 7 and 9 shall come into farce at once. ;
Insertic n of 2, Aftt I section 17-C of the n?mil Nzdu Probibitico
*-.sections Aot,1937O';:n~ilN~.d~ActXofl937)hearinaftcr referred
' 3$axnil
-m lT-E t o a s the plincipd A&), the following sections shill
and Nadu
Act x of 1937. tuserted, n?*rnely :-
'

. "17-D.Payment o f a sum in considtrati~nof tht grant

of any excktisive or other privilege or fee on liceyca s for
azanufucture or sale.-The State Government may; by
rules, levj 2 sum x f e e or bothin considexnticn ofthe graM
of any exclusia or o t h e ~piivilege under section 1 7 4 and
also a fee on licences graated under section 17-C.
17-E. Licence for e x p r t , i . , etc. -31) The ,slate
Gove~nmentoi subject to the contlol of the State Govet q-
ment, t h2 ColIector, may issue licences to any perfon .or
~ tany institution whether under the rnPaag2mnt
in ~ e s p eof
F'" LatestLaws.com
LatestLaws.com
L-- -- ,

k **
l981 :T.N. Act 511 Prdribiiion (Second 55 1
Amerr&aent)
of the Goveinment or not, fci the export, import,txans-
POIt or possession of any liquor or alticle containing
such liquor on the gtound that scch liquor 01. a r t i c l ~is
required by such pelson 01 in tespec? of such iuQtitution
Tot a bona-fde purpose.
(2) Secticn 18 shall, in so far as it relstes t o any
liquoi or aiticle contilining such liquor, ceese tc be in folce
wirh effect on 2nd from the 1st M E ) 1581.".
3. In section 18-B of the principal Act.-- Amendment of

xct
section 18-B,
(a) in sub-srction (I), after the exp~ession"shtill be amil Nadu
levied", the expression "only undcr this section" shall be of 193v.
inserted ; I

(b) after sub-section (2), the following subscotion

sLt 11 be added, namely :-
"(3) Section 18-A shall, in so far as it ~elatesto
m2ttcrs specified in this section, cease tc be in force with
effeot on a d from the 1st May 1981."
4. In section 18-C cf the prinoipal .ktct,
ciauses (b)Amendmentof
section 1 8-C,
and (c) shall be omitted. Tamil Nadu
Act X of 1937.
5. Aftel section 18-G ofthe pi incipal Act, t he following Insertion of
section shall be inserted, namely :-- new section
18-Hin .Ta ii
~ a d AM:
a
"18-H.Exemption from paymrnt of excise duty, 1937, . , . . .".
cormtt rvciling duty or fee. -The State eovernment may, . ., --.- . . _
A . $ .

by n~tificationan13subject to such condirions, if any, as the . ..*

State Government may specify in such notification,-

(1) make an exemption, reduct ion in r?te or other

modification in regard to the excise duty, cciuntrrw iling
duty or any fee payable by or undet this Act by any persun
or class of persons ; and
(2) cancel or vziy such exempticn, reduction or
."
other modific9tlon .
6. After s e d i ~ n22 of thc principal Ad, the following Insertion
k of .'-
ew section '
ssdion shall be inseited, namely :- -A in 'radii:
"22-A. Cuncellutiun of licence granted under Madrar $: A* * X af
DlrtilZery Bules, 1960.-(a) Every distillery licence gr?*~ed
$Q Worm I1 under the Madras Qilllery Bule8, 19603g
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LatestLaws.com

552 Prohibition (Second 11981 :T.N. Act 51

Amendment) ..
deemed t o have been granted urzder the Tamil Nadu
Distillery Rules, 1981, for the manuk.ctuxe of rectified
rpirit and denatured spirit, shr.11 stmd cancelled on the
expiry of fifteen days from the 23rd May 1981.
(b) Every person who held the li~encewhich stands.
tanaelled under clause (a), shall, on application made within
? period of fifteen days from the 23rd May 1951 or -such
furth9r period as the State Goveinment may specify fxom
time to time, be entitled to the grar.t c f liccnce L nder section
.-,
- 17-B and for tl12 g13.11t of privilege of manufactu~ing
, 1 1 ,

',' 7. -
rectified spirit under su5-section (1) of secticn 17-C and a
licence under sub-secticn (2) of said sect ion 17-C for the
t. '

: ( .
,Ei: manuf3cture of rectified s p i it~ and denztured spirit unde~
the Tamil Nadu Distillery Rules, 1981, subject t o tk
provisions of the said rules.
: (c) Any application made for the grant or renewal
of licence for the manufacture of re~qified spirit and
denatuled spirit in a distillery ~ s pending
d belore the State
Giovetnment or any other authority on the 23rd May 1981
shall a bate and t he fee, if rny, already paid shall be refunded.
Any person who has made such application may apply
afresh under the Tamil Nadu Distillery Rules, 1981, for
'jo ,.: ;,.,?.. , ,
the grant of privilege of manufacturing rectified spirit and
C .

r .
I - .
,I
.- denatured spirit and for-a licence under the said rules,
1 n \

, J ", I .
,. ..
.\
1

..'I
,

. : and such app icatioa shall be disposed of in accordance

: wit4 the said rules.".
... .
+

&)g$,,s@: 7. In section 23 of the principal Act, after sub-section

I I - I

(3), the following sub-section shall be added, namely :-

23. Tamil
Nadu AC%X of "(4) Notwithstanding anything contained in sub-
1937,
section (3), in so far 2s it relates to suspension of any suofi
licence or permit, where a prima facie case has been made
I out, the State Government or theCollector or the prescribed
I authority, as the case may be, may, at any time and for
reasons to be recorded in writing, suspend any such
licence or permit and in such case, it shall not be n e w s t y
to give an opportunity to the holder of the licen& .or
permit to state his objections.".
Insertion of 8. ~ f t d section
r 23 of the principal Act, the fo1lo&&b
@+GQn section shall be inserted, namely :-
23-4.ig.Tamil
,
w a y . ~x.0~ a "23-A. Licence for possession and sale or
$937. .;.;, :; ., , ,
-
,. bottled liquor to cease.--(I) Every licenc: for possession
$. ,

and sale or issue of bottled l i q ~ ounder

r
:if
the Madras Liq*$r
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LatestLaws.com

1981 :T.N. Act 511 Prohibition (Second 553

Amendmeat)
(Licence and Permit) Rules, 1960 shall ce:tse to be in force
on the expiry or i he 30t h dsy of Septen-ibcr 1981 :
Provided t hat such cesser shsll not ~ f f e c the
t previous
operation of-
(i) the said licence ; and
(ii) sngthing done or any action taken in
purs~rancec#f w e said iicence ; and
(iii) exsryProcer5ing by w ~ y ofin~r?s~-igeti~:
or
otherwise m~.deor taken by t hs State Governmt nt 01 other
authority in respect of the scid licence and any such
proceeding shdl be ccininued or enforced ss ,f this sub-
section: h2.d not been enp-cted.
(2) Every person who held the licence which has
ceased to be in force under sub-section (1) may a.pply
for the grant of privilege and licence under the Tamil Na.du
lndian-M8.de Foreign Spirits (Supply by Wholesale) R ~ l e s ,
1981 or the Tamil Nadu Liquor (Licence and Permit)
Rules, 1981.
(3) The State Government may make rules for the
refund of the proportionate fee and for the disposal
of the unsold stock of liquor in the possessioll of any
holder of a licence which has ceased to be in force
under sub-section (I).".
I
9. In section 32 of the principal Act, after the second Amendment
proviso and before tlie Explanation, the following ploviso of section
shall beinserted, namely :- 32, Tam11
Nadu Act X
of 1937,
" Provided also that whet e any illicit ar is seized
under this section by any officer or pelson, such offieel or
person may,in the presence of a Prohibition Officer 01 any
Polie Officer not below the rank of Inspector,-
(i) take two samples of the illicit arreck of such
quantity and in such manner a s may be prescribed, and
(ii) destroy or cause tc be destroyed the illicit at rack ;
' :
1
and send the pots or other receptacles in which the illicit !I
arrask w?s kept together witf the samples t c ~ e nand P
ceiificate from th. O%(:er i n whostbpresence t r,e sz mplas
were taken and the illicit 3rr:lck was desttoycd, as to tne
total quantity cf illicit air9c.k seized, toe t o t ~ lqt1~1ltity
taken as sample a n d the total quai:tity destioyeiJ,tc the
Magistrate having jurisdiction to inquire into the c r . ~ .
 LatestLaws.com

554 . Pldibitiofi (Secortd [I981 1 T.N. Act 5 1

Amendment)
X he Magistrate shall, upon the receipt of the samples,,
~ to such OflB~ras
retain one iu his court and send t h other
!
".
may be prescribed for cklemic~la ~ ~ l y s i s ,
Amendment of 10. Io section 54 f : '5: qrincipa? Act, in sub-eeetica
section 54. item shall be added,
(?-A), aiter item (ii), the foilo~vin~
Tamil Nadu :-
Act X of 1937.
" (iii) the 1st May 1981, in so far rs it relates to tee
matters cledt with in sections 17-B, 17-U,17-D, I?-& 18-B
and 18wC .".
Ropcals
and savinm. 11. (1) The Tamil Nadu Prohibition (Second Ammd-
mer.t) Ordinace, 1981 (Tamil Nadu Ordinance 3 of 1981)
~ n dthe Tamil Nadu Prohibition (Thitd Amendment)
Ordinance, 1981 (Tamil Nadu Oxdinam 9 of 1981)
I are heicby repealed.

(2) Notwithstanding such repeal, anything done or

any ~ c t i o ntakenunder the principrlhtas amended by?h
faid Ordinances shdl be dzemed to Sx ve been done or
taken unde~the prinoipa 1 Act as amended by this Act.
 LatestLaws.com
LatestLaws.com

870 Prohibit ion (Amendmeat)

T A W NADU ACT NO. 42 OE"1982 *.

THE TAMIL NADU PROHIBITION '(AMEND
MEW) ACT, 1982.
[Received the assent of the Governor on
1982, &st published in the Tcmil
Gazette Extraordiiznry on the 1 1
(Aavanj 26, Thunthubi, IThirtrvallu

An Act further to amend the Tomil Nndu Prohibition

I . Act, 1937.
BEit eaacttd by the Legislature of the State of Tamil
k d u in the Thirty-tbird Year of the Republic of India
a s-follows :-
lort title , 1. (1) This Act may be called the Tamil Nad11 Prohi-
ld com- bition (Amendment) Act, 1982.
encement.
(2) 1t shall come into force at once.
lxxadmmt 2. In ssction 20-A of the Tamil 'PJadu Prohibition Act,
'section 1937 (Tamil Nadu Act X of 19371,--
)-A, Tamil
,aduAct
of 193 7. (i) dause (b) shall be omitted ;
(in
the following Explafiation shall be added at the
end, a m e l y :-
" Explanation.--It is hereby declared that, in
judging the suitability of the applicant for the grant of
licence or permit, as t5e case may be, the authority com-
petent to grant such licence or permit shall bave regard to
'\?hefollowi..= factors, namely :-
(a) solvency of the applicant ;
(b) whetker tbe applicant has contravened any
of the provisions of this Act or of any rule, notification
or order made thereunder or has committed the breach
of any of the terms a ~ conditions
d of any licence or permit
granted under tbe provisions of this Act or of any rule
made thereunder ;
-
*FmStatcausiufObjectsasdReaums,sec T d Nadu Gam-
-
rcsGartdt LHI.acffdicarvt datadt4e 8&SewIm,mSiyt*
~ 0 4, pagles43W.
0 #
 LatestLaws.com
LatestLaws.com

1982 :T.N. Act 421 , Prohibit ion 871

(Amendment)
(c) whether the applicant has been convicted
of any offence punishable under this Act or of any cogni-
sable and non-bailable offence or of any offence under the
Dangerous Drugs Act, 1930 (Central Act I1 of 1930) or
under the Trade and Merchandise Marks Act, 1958 (Central
Act 43 of 1958) or under sections 482 to 489 of the Indian
penal Code (Central Act XLVof 1360) ;
(d) whether the a~plicantcarries on any other
business which is likely to prevent him frcm giving his
due attention to the purpose for which the lice nce or permit
under this Act is sought fcr ;
(e) whether the applicant was a defaulter in
payment of any amount due to the State Government
under this Act or the rules made thereunder of of any
taxes or other amounts due to the State Government ;
(f) any other matter relevant to the purgose
for which the licence or permit under this Act is sought
".
for.
 LatestLaws.com
LatestLaws.com

908 Pi*oitibili011 [I983 : T.N. Act 2

( Afizcizdmetat )
TAMIL NADU ACT NO. 2 OF 1983. *
THE TAMIL NADU PROHIBITION (AMENDMENT)
ACT,1983.
[Received the nssent of the Governor on the 23rd February
1983, jrr pablislzed it1 the Tamil Nadu Gov~,mment
A,

G ~ LticC Ejctra~rdin~ziyon the 26th February 1 98 3 (Masi

1 4, Thunthubi. Thirc valltr var Ann&,-20 14).].
An Act further to amend the Tamil Naclu Prohibition Act,
1937. I
BEit enacted by the Legis1 atm e oft he State of Tamil Nadu
in the Thirty-fourth Year of the Republic of India as
follows :-
,ort title and I. (1) This Act may bc called the Tamil Nadu Prohi.
~mmencemjnt.bition (Amendment) Act, 1983.

(2) This Act, except clause (i) of section 2 and section

5, shall be deemed to have come into force on the 2nd
December 1982.
wndment of 2. In section 3 of the Tamil Nadu Prohibition Act, 1937
:tion 3, (Tamil Nadu Act X of 1937)(hereinafter referred to as the
t X o f 1937. Principal Act),-
Nadu
(i) in clause (6-A), the expression "(except for purposes
of section 21-A)" shall be omitted ;
(ii) after clause (19), the following clause shall be
inserted, namely :-
.'(19-A) 'transit ' means to move through the territory
of the State of Tamil Nadu from any place in India outside
the State of Tamil Nadu to any other place in India outside
the State of Tamil Nadu;",

rtion of 3. After sectioll 6-A ar Lhc principal Act, thc Sollowing

section section shall be inserted, namely :-
in Tamil
u Act X of " 6-B. Regulation of tramit of liquor.-(1) Except as ,'
otherwise provided in sub-section (2), no person shall
transit any liquor.
-c
Q For Statem:nt o f Objects and Reasons, see Furnil N&
~ o v e r m e n tGazette Extraordinary, dated the 3 1st Jar uary 1983,
part IV-Section 1,Zpag;es 19-20.
 LatestLaws.com
LatestLaws.com
- -- -- - ----- -

(2) Subject to the control of the State Government,

the Collector or any officer not below the rank of a Deputy
Collector empowered by him in this behalf may i s ue permit
for the transit of any liquor in such form and subject to such
conditions as may be prescribed. Every application for
transit permit shall be made within such time as may be
prescribed and shall be accompanied by copies of the export
and import permits issued by the concerned States from
which, and to which, the liquor is in transit.
(3) The following shall be conditions of every permit
issued under sub-section (2) :-
(a) that the transit of liquor shall be made along
the route or routes specified in the permit ;and
(b) that the transit shall be under police cscurt i r l
such scale as may be prescribed provid-d by the prescl.ibed
authority at the cost of the person who transits liquor.".
4. In section 13 of the principal Act, fdr the words Amelldment
"against this Act ", the words " against this Act or thr of sect~on
rules made thereunder" shall be substituted. Tamil
Nadu Act
X f 1937.
5. Section 21-A of the principal Act shall be omittea. omission
of section
21-A, Tamil
Nadu Act X
of 1937.
6. After section 32 of tllc lprincipal Act, thc ibllowing hscrtion of
section shall be inserted, namely :- new section
"32--4. Establishment of clteckpost or barrier and ins- Tamil32-A in
pection of ZzQuor while in tralzsit,etc.-(l) If thc Stqtc Govcrn- ~ a d u ~~r
inelit consider that with a view to prevent or cbeck tho X of 1937.
import, export, transport or transit of liqkor without
obtaining a licence or permit as required under the provi-
sions of this Act, it is necessary so to do, thay may, by
notification, direct the setting up of checkpost or the
erection of barrier or both, at such place or places as lnay

(2) At every checkpost or barrier mentioned in sub-

section (1) or at any other place when so required by the
Prohibition Officer or the officer-in-chargeof the checkpost
or barrier or any other officer empowered by the State
Government in this behalf, tbe driver or any other pcrson
in-charge of any animal, ~esscl,cart or other v c l ~clc,s!~all
stop the animal, vessel, cart or other vehicle, as the case
may be, and keep it stationary so long as may re:ksonably
 LatestLaws.com
LatestLaws.com

be necessary and allow the Prohibition C)fEcer or officer

in-charge of the checkpost or barrier or the officer em-
powered as aforesaid to inspect the licence or permit
obtained under the provisions of this Act.
(3) Any Prohibition Ofkicer or any other officer
specially empowered in this behalf. mav at any l a c e require
the driver or anj other person in-charge of any animal,
vessel, cart or other vehicle who imports, exports, trans-
ports or transits t1.e liquor to stop the animal, vessel, cart
or other vehicle or .keepit stationary so long as may reasona-
bly be necessary for the purpose of satisfying himself that
a licence or permit has been duly obtained in respect of
such import, expoi t, transport or transit of liquor and the
conditions of such li~enceor perinit and the provisions of
this Act and the rulzs made thereunder have been duly
complied with in respect. of such import, export, transport
or transit of liquor,
(4) If, on such examination and inspection under
sub-section (2) or sub-section (3) it appears--
(a) that the licence or permit as required under the
provisions of this Act in respect of the liquor carried hs.s
been obtained and the provisions of this Act and the
rules made thereunder or the notification or order issued
thereunder are complicd with, the said officer shall release
the animal, vessel, cart or other vehicle with the liquor
carried, or
(b; :hit the licence or permit as required under
the s:~visions of this Act has not been obtained or any
of the provisions of this Act or any of the terms of any rule,
notification, order, licence or permit issued thereunder
has not been complied with in respect of the liquor carried,
the said officer, after nlakinb such inquiry as he deems fit
and satisfying himself as to such non-obtainment or non-
compliance, as the case may be, shall seize and confiscate
such liquor.
(5) The driver or any other person in-charge of the
animal, vessel, cart or other vehicle shall, if so
give his name and address and the name and a
the owner of the animal, vessel, cart or other ve
well as those of the consignor and consignee, if
the liquor carried on such animal or in such vessel,
or vehicle, as the case may be.
 LatestLaws.com

i98f : TeN*Act 21 . Prohibition (~mendmsdt) 9ii

831:(6) The driver of the vessel, cart or other vehicle,

shzll, on demand by the said officer, produce for inspection
his driving licence.
(7) If it appears to the said officer taat the drivel
or the person in-char,:e of the animal, vessel, cart or other
vehicle is not giving the correct name and address of the
owner of the animal, vessel, cart or other vehicle or
of the consignor or of the consignee, if any, of the liquor
carried on such animal or ir, such vessel, cart or other
vehicle and if the said officer is satisfied after making such
inquiry as he deems fit that with a view to prevent the
evasion of the provisions of this Act or the rules made
thereunder it is necessary to confiscate such liquor, he may
take steps for the seizure and confiscation of such liquor, in
accordance with the provisions of this Act .".

7. After section 56 of the principal Act, the following Insertion of

section shall be inserted, namely- :- new scction
5 6 . i~n Tamil
"56-A. In/unctions not be granted in respect of s m s Nadu Act X
1937.
payable in consideration of the grant of any privilege or fee
on licences for manufacture, etc-Notwi th sta~~di ng any-
thing contained in the Code of Civil Procelure, 1908
(Central Act V of 1908) or in any other law for the time
bang in force, no Court shall grant any permanent or
temporary injunction or make any interim order restrain-
ing any proceeding which is being or about to be taken for, -
(i) the recovery of any sum or fee or both levied in
consideration of the grant of any exclusive or other privilege
under this Act or the rules made thereunder or any fee
including vend fee or any duty levied by or under this Act
or the rules made thereunder ;.
(ii) the grant of any privilege under section 17-C or
lience under section 17-B.".
8. (1) The Tanail Nadu Prohibition (Second Amend- Repeal and
ment) Ordinance, 1982 (Tam11Nadu Ordinailre 13 of 1982) saving.
is hereby repealed.
(2) Not uithstanding such repeal, anyll~ingcloi~eor any
action taken under the principal Act, as amended by the
said Ordinance shall be deemed to have been done or
taken under the principal Act as amended by this A,;.
 LatestLaws.com

$!3Y'ZR!CXfST n F C.\MiI W&DO

1985

T,I,t:IIL N A D U
G O V E R N >II<NT C A Z E T T
EXTRAOKL)IN,AKY PueLlstiED BY NJTHORI

No. 2231 MADRAS, FRIDAY, J U N E 14, 1985

-
- VAIKASI
.-
32, KUROTHANA, THIRUV~ALLUVAR AAND

Part IV-Section 2
-
Tamil Nadu Aats LPLLd On:din~n(.~d.
,

%I.ie followlllg Act of the Tamil Nadu Legislature received

pul?lished for general information :-,

ACT No. 29 O F 1985.

WHEREAS the existing system of public auction-cum-tender for gra

privilege and licence for sale, by retail, of arrack has in several
cn~bledthe biddcrs to collude with each other at the time of auction
thus resulting in underbidding and loss of reveme,;
AND WBEP.EASunder the' said system, in some cases, the bid am
wcre lower than the upset price and consequently the shops had
reauctioncd a number of times resulting in tielay in the opening of the
shops and consequent loss of revenue ;
AND WHEREAS it h s becn brought to the riotice oC4l1pState Government
thzt the cxpcrici~ccgained in the working of the said systcrn has disclosed
tlxt the said system has suffered from the above defects and other
defects i Br
AND WHEREAS
the Tamil Nadu State Marketing Corporation Limited
which is a Corporation wholly owned and controlled by the State
Goveramer~thns already been ?anted the e vclusive privilege of supplying,
urrack and Indian-made foreign spirits for the whole of
Ioy ~vh31c.?r61i..
the Siata of TarGi Nadu ;
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LatestLaws.com

State Government have, after careful consideristion,

W H E R E A ~ 113
ena decision to grant, in public interest, to the said Corpor,$tion.
o the exclusive privilege of selling,.by retail, arrack for the whole of
e State of Tamil Nadu ;

Short title and cornnzencement.-(l) This Act may be called the

1Nadu Prohibition (Amendment) Act, 1985.
I t shall .come 'into fdrce at once.

in sub-section (I),--
) in clause (a),for the word " or ", the words " any liquor
foreign liquor, or " shall be substituted ;

ii) in clause (&the word " toddy " shall be added at the end ;
for the words ''any liquor other than foreign liquor within
rea ",the \ ~ o r d s." within any local area " shall be substit-utcd;
ub-section (1-A),-,
r clause (u), the following clause shall be substituted,

- . . ... .
 LatestLaws.com
LatestLaws.com

(iii) in clause (c), a.fter thc expression " under clause (b)", the
expression "fur the exercise of the exclusive: privilege referred to in
item (i) of clau.se (a) '' shall be inserted ;
(ili) zfter clause (c) and the proviso thereunder, the following
clause sh~1.11be added, nz.mely :-
"(d) (i) The Tamil Nadu State Marketinp Corporation L i ~ ~ t e b
shall, as soon as may be, after the grant of the licence c~nderclause (6)for
the exercise of the exclusive privilege referred to in item (ii) of clause (a),
fix, locate and open as many shops as may be necessary to effectively
sarry on the business of sale, by retail, of' arrack in the State and
the said Corporation in so fixing the shops, shall take into account the
population of the locality, the needs of the locality and other relevant
factors.
(ii) The Tamil Nadu State Marketing Corporation Limited
shall carry on the business of selling, by retaiq arrack-
(A) either directly through the employees of the said Corporation;
cr I

(B) through the agents appointed by the said Corporation on its

behalf and on such terms and conditions as the said Corporation may
spucify ; or
(C) by hotIz the methods specified in subitems (A) and (B) of this
item.
fiii) Any dispute between the said Corporation and the agent
in respect of a r ~ ymatter shall be referred. to the Commissioner or a
oflicer not bels~vthe rankof District Revenue Officer specially empower
by the State Government in this behalf, whose decision thereon shall
final and such decirjion shall not be called in question in any court.
E.xpl(:!iutim.-For th,e purpose: of this Act, an agent appoi
by the Temil Nadu State Marketing Corporation Limited for s
.on irs behalf, by re!ail, arrack shall not be deemed to be exercis
privilege of selling,,by retail, arrack and accordingly the provisi
this Act relating to the grant of such privilege and licence for,se
by retail, arrack.sisa.11not apply to such agent.".
3. ftzsertiorz of new section 22-C in Tamil N d u Act X of 1937.
section 22-8 of the principal Act, the following section shall ' be inser
namely ;--
" 22-C. Retail sale of arrack.-(1) The licence t o the Tamil Nad
State Marketing Corporation Limited for the exercise of the e
privilege referred to in item (ii) of clause (a) of sub-section (
section 17-C shall, be granted with effect on and from the 16th
July 1985 :
 LatestLaws.com
LatestLaws.com

. . .

furthkr that where the licence For seMing, by retail, arrack

he 15th day of July 1985, and the licensee eoncerncd is not
contimxe to sell, by retail, arrack beyon& the 15th &y of July
e Tamil Nadu State Marketing Corporation Limited shall,
the sale, by retail, of arrack-

(C) by both the methods specified in items (A) and (S).

...,z%*-J&=x- 5"-:: :--i;

'
1 -
~.-;I-"-_
--" ----.-----
-- -- -
1.
2-
-:
-.

Without prejudice to the prsvisisrps contained in seetion 54, thr.

ment may make rules for the purposss of carrying into
rovisions of sub-section (I-A) of section 17-@ snd this
. .-,, .'
 LatestLaws.com

rrLlhITi, XADU COVERXS1k:NT GAZET'TJC EXrl'32AORJ)LNAny 17

.~ ~ - 1
1-

3. irilnzii N a d ~Act X of 1937.-In sectio

/?ilzcv?l!itzent of sectio~t%A,
24-A of the pritlc;pal \st ;? TFI: opening st:ntcnce, after the words
" manufi~cturc of liquoc under this Act ", th: words " or whoever being
an elnplojrec of the Tamil Nada State Marketing Corporation Limited,
or whoi:vcr being ali agent appointed by the said Coypoi-ation for selling
on its behalf, by retail, arrack " shall be inserted.

(By order of the Governor)

S. VADNELU, .
Cammi.rsioner arzd Secretary . to Govei-nme
Law Department.
 LatestLaws.com

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDlNARy1 5 1 .. :'

.- - 4'
-- --
j The follccring Act of the Tamil Nadu Legislature received the
assent of the Gcvernor m the 17th February 1986 and- is hereby
published for general information :-

ACT No. 16 OF 1986 -l

- .
An Act further to olncnd the ?krniZ Nadu Prohibition Act, 1937. *

.-
BE it enacted by the Legislature of the State of i'nil Nada in the
Thirty-seventh Year of the Iiepul~lioof Indii as follows :-
1. Short titk n~zdcomrnencerneni.-(1) This Act may be called-
the Tamil Nadu Prohibitioh (Arneadment) Act, 1986.
( 2 ) It shall be deemed to have con~einto force on the 8th day
of October 1985.
2. Amewd~nent of section 22-C, Tamiln'Nadu Act X of 1937.-..
. .

In section 22-C of the Tamil Nadu Prollibition Act, 1937 (Tamil

Nadu Act X of 1937) (hereinafter referred'to as theprincipal Act)$
in sub-section ( I 1,- I 1

(I) in the first proviso,-

(i) in clause (a), for the expressim '"5th day of October ,

1985 ", the expression " 15th day of November 19M " shall be substi-
tu,ted ;

!I; ( j i ) in clause (b),-

. ,.

s expression " 15th day of October 1985 ", the

'

f ~ the
(a) ...- ..;
expression " 15th day of November 1985 " shaIl be substituted ; . .

(6) for :he expression " 16th day of October 1985 ",I the
.
.
exprsssio~l" 16th day of November 1955 " shall be substituted; ,
.-
1:

.:
!
-
,
'>
w:'

>
;.
(2) the following proviso shall be added at the end, namely :- ..-i.
I .-
..
.:>..
J .
.

Provided also that where the licence 'for selling, by retail,

" - , 3
.%
arrack is valid on the 15th day of Octobet 1985, and the licensee . .:-
i -a\'

concerned is not willing to continue. to sell, by retail, arrack beyond ,:,a

..>.a
?:j
I
the 15th day of October 1985, it shall be open .to the licensee to
surrender his licence t o the licensing authority, and thereupon
Tamil Nadu State Marketing Corporation Limited shall arrange
the s~le,by retail. of arrack by my of the methods specified in
{A) 4B) or (CI of the immediately preceding proviso.,*. . ,
 LatestLaws.com

, -
S;I"TAMII,
... :.
I , * ;,,
MDU G O ? T I ? N M ~ T GAZETTE EXIT AORDINARY

.;, :! . . .
4;' .' ., ., , .
- 3. . ~ e p e darid saving.--,(l) Ths Tamil Nadu Prohibition (Secoud
Amendsilent) Ordinance, 1385 (Tamil Nadu Ordinance 7 of 1.985j is
hereby repealed.
(2) Notwithstanding such repeal, anything done or any action
taken under the principal Act, as amended by ihe said Ordinance,
shall,be deemed to have been donz or taken undcr ;he principal Act,
as amended b,y this Act.
..;!I : ,

(By order of the Governw.1

-- . . .. S. VADXVEL,U,
Cornmissioner and Secre!ary ;'oGovernment,
.
,
,
I . i ; , , ',
Law Depai-trncnr.
 LatestLaws.com

Y-7-T- -
IRegigterkd NO, ~2
4

- . . IPric. 1 30 pi;
*

T A M I L NADZI.
GOVERNMENT GA'ZETTE
EXTRAORDIN A RY ~ u s r , r , ; ~sy ..,,,,,,, t

-
MADRAS, WEDNESDAV, J U N E 4, f 986

---
VAlKASl 21, ATCHAYA, THlRUVAL LUVAR AAN~U-2017
, --- -

TIpnil Nadu Acts md OrdinuraeQl

--

nre received tbe

hereby published - -
fur general information :-
ACT No. 33 OF 1986.

An Act furlher to amend tlza ihmil Nadrl ~roh(birionAct, 1937. -

DE it enacted by the Legislature of the State of Tamil Nadu in the

: Thirl)t-sevenlh Y e x of the Republic of India as foll~v~s:-
j. Shovl liile.--b'Ihis Act may be called the Tamil Nadu ~rdhibi
t ion (Sccond A~nenclrnent) Act, 1986.
2. Afil.endt~lelztof sacblbrl 3, Tbwtil Nudu Act .Y-of 1937.-In
section 3 of the Tamil Nadn ~rohibjtjonAct, 1937 (Tamil Nadu Act,
X fl 1937) (hereinafter rebrred to as the principal. Act), in clause. :
(I), with effect on and. from the 1st day of January 1987, the words
" wrack or " shall be omitted, . . - ,

(AGroup)w-2 EX.(2SSi--I [ 175 ] -I .. ,

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LatestLaws.com

176 TAMIL NADU GOVERNMENT GAZETTE -EXTRAORDTNARY

--
-- ---- ----. -.. , .

' 3. Ajylendmcnl oJ stclion 17-C, 'l'a~nilNadu ACS X 01 1937.-In

section 17-C of the principal Act,-
(1) during the period commencing crn the 16th day of July
'1986 and ending with the 31st. day bf December 1986,-
(a) in iub-section (I), in clause (h), br the words " or toddy
but not arrack ", the words " toddy or arrack " shall he substituted :
(b) in sub-section (i A),-
(i ) in ,clatjse (a j,:
(A) in item (i), the word " and " occurring at thc end
shall be vmltted ;
(B) itcm (ii) shaU be omitted ;
(5)in L ~ U S( b~) , for the expressbn "licences by the
Commissioner for the exercise of the exclusive privilege referred to
in items (i) and (ii) of clause ( a ) and such licences ", the expression
'license by the Commissioner for the exercise of the exclusive
privilege. ref erred tc~ih itern (i) of clause (a)and sucll licence " shall
be substiluted ;
(iii) clause ( d ) shall be omitted ;
-

(2) with effect on and from the 1st day of January 1987, for
sub-scctions ( I ) and (1-A), the following sub-sectiolls shall be substi-
, 'tuted, namely:- <'

"(1) It shall be lawful for the State Government to grant

to any person or persons on such conditions and for such period as
they may deem fit the exclusive or other privilege-
(a) of manufacturing Indian-made foreign spirits, or
(b) of selling by retail Tndian-made foreign spirits, within
any local area.

(L.4) (a:) Notwithstanding anything contained in this Act,

the Tamil Nadu State htdrketing Corporation Limited, which is a
corporation wholly owned and controlled by the State Government,
shall have the exclusive privilege of supplying, by wholesale, ~ndian-
mailc f o r e i ~ nspirits, for the whole of the State of Tamil Nadu and
IIO ibllll~.l' Ilr:rstrll ::111111 111. ~111illcdIu any pl-ivilege of sllpplying, by
w l l ' J ~ ~ s I~ ~ l ~ , I'orcig~lspirits for lllc wllole or any part of
the State.

-... - -. --. .
- - --
'.
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4 1

.. . . . . .

TAMIL NADU GOWRNMENT GAZETTE EXTRACZDINARY 177

+ - -
(b) Notwithstanding anything contained in this Act, Tamil
Nadu State Marketing Corporation Limite'd shall be granted the
licence by the Commissioner for the exercise of the exclusive privi-
lege referred to in clause (a) and. such licence shall be subject ta the
rules made by the State Government in this behalf and to such condi-
sddy tions and restrictions as the Commissioner m.ay, from time to time,
ited : spccify.
( c ) The Tamil Nadu State Maiketing Corporation Limited
shall, as soon as may be, afaterthe grant of the licence u n d ~ clause
r
(b) for the exercise of the exclusive privilege referred to in clauie
end (a). opzn i t s branches in the State in such places and subject to such
conditions as the Commissioner may specify.:
Provided that the said Corporation shall open not less than
the one branch i ~ ieach district. ",
I to
sion d u X of 1937.--
4. Amendmenl of section -18-C, ~ a r n i l ~ ~ aAci
sive With effect on and from the 1st day of January 1987, in section 18-C
hall of the principal Act, clause,(d) shall be omitted,.

5. Omissiort of secttons 111-L), 18-8, 18-F, 18-Gand 19-A, Tamil

Nadu Act X of 1937.-With effect .on and from the 1st day of #Tanuqry
1987, sections 1843, IS-E, 18-F, .18-G and 19-A of the principal Act
-

for sllall be omitted.

sti-
6.. Amendmcni' of section 21, Tanril Nadu Acr X of 1937.-With
ant effcct on and from the 1st day of January 1987, in section 21 of the
as principal Act, the figures and letter "19-A" shall be omitted.

of section 22, Tunlil Nadu Act X of 1937.-With

7. /Irilcndtne~~t
clfcct on and .from the 1st day a-January 1987, in section 22 of the
principal Act, the figures and letter " 19--4 " shall be omitted.

8 . Omission of &ion 22-C, Tnmil Nadu Act X of 1937.-(1) , -

With effect on and &om the 16th day of July 1986; section 22-C of
ct, thc principal Act shall be omitted.
a
It, (2) The TamiI Nadu A,nack (Retail Shops) Rules, 1985,, are
n- herkby repealed with effect on and from the 16th day of July 1986 :
7d
3 Y Provided that such repeal shall not affect any offence- ,

of committe~l. or any fine,.penalty, forfeiture or other liabj!ity iricurred

before the 16th day of July 1986.
I '.
 LatestLaws.com

Fr ,
174 JhMa, $'/,~fl; f/.,*m:iGCT
.
J, .r .r-A,- -.----- .
5.~2 --- ZzZ C-zZ ?-
z T z-4-

9. Insertion of new section 23-B in Tamzl Nadu Act X of 1937.-

1C be inserted, namely:- the principal Act, thefoUowingsectionshd
After.section23-Aof
! '-
. . .
" 23-B. L;i'certces, etc., granted for manufacluring supplying or
I
&ling smack ,and toddy to cease to be valid.-(l) Notwith$anding
. anything mntained in this Act or in any judgment, decree or order
of any court,-
- .
- - (a/ every liwmt: granted in respect of any privilege,-
(il of rnanufacturing arrack ;
i (iil of supplying by wholesale, arrack ;
(iii) of.sellhg, by retail, : and
(ivj d manufacturing and selling by retail, toddy
cesse' to be valid on 'the expiry of the 31st day of December
1986:
!
1 provided that no thing contained in this sub-section shall
iffect any liability in respect of such privilege incurred before the
I st day of ~ a n u a r y1987.
(2) Notwithstanding anything contained in this Act or in
any judgment, decree or order of any court, every application made
for the grant or renewal of any lice~icereferred .to in sub-section
,' 5
1 ) and pending before 'the Commissioner or before the State
Governmentoranyothpauthorityon fie. 31st day of December
. .
i 1986 and every actioq taken, or enquiry made, in respect of any
such application, sl~allabate and all fees in connection with such
, 1. application (including -tFe application fee and the licence fee, if
1 I- any), already paid shall be refunded.
!I
.

(3) A11 rules made under t b ~ sACE for rhe grant of any
.I! ;: -
licence in respect of any p r i v i l e g e
1; of rn-anufacturing arrack ;

1'
(a)
. (6) of supplying, by wholesale, arrack;
( c ) of selling. by retail, arrack; and
!'
*
(dl of manufacturing and selling, by retail, toddy
I

are hereby repealed with effect on and from the 1st day of January
!
1987 :
I .
I Provided that such repeal shall not affect any offence
committed, Qr any fine, penalty or any f0rfeitur.e incurred before
the 1st day of January 1987.

.- -
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TAMIL NADU GOVERNMENT GAZETTE EXTRA OR DIN ARE^ 179

(4) Every licence for selling, by retail, toddy which is valid

on the 30th day of September 1986 shall continue to be valid upto
md inclusive of the 31st day of December 1986, subject to the same
lcrus and conditions on which the licence was granted, if the -
k n s e e concerned intimates in writing on or before the 1st day of

accordance with the Tamil Nadn Toddy and Ar-rack Shops (Disposal
0 Auction) Rules, 1981..".
.*

(-1) with effect on and from the 16th day of July 1986, in
he opening sentence, the words "or whoevei being an agent - -
appointtd b y the Said Corporation for selling 011 its bchalf, by
ctaii, atrack'' shall be omitted;

(i) clause ( b ) shall be omitted ;

(ii) in clause (c), after item (i), tLc following item shd
' k inserted, aalnely :-

S. VADIVEL~,
Comnrisshner nnd Secretory to Co verrmrent,
Law Deparf rn e/nf .
- I
I:

- - -.- ---
;I
I

1
~ D T E MQ
I ) P U L I L ~ S E E DBY TBE DIRBCTOlt OIP STATIONERP AND PRmTMQ
I

I
 LatestLaws.com

.. . .... .
--.-, .. ,.

1
4
N o . 7261 MADRAS, TUESDAY, DECEMBER 9, 1986
KARTHlGAl 24, ATCHAYA, THIRUVALLUVA~ AANDU-2017 '
I
I
-

The following Act of the Tamil Naclu LegislatirE Aibjj'%%i$d

the asse~dof the Governor on the 8th December 1986 and is- - hereby
published fur general information :-- ..---

ACT No. 68 O F 1986.

.
- . ib oj17crld rltc Tdmi'i hrad&r
rin Act jlcrmther Pi&ib'iiZ - Ac?, Y '

.-. - --
4 . -
1437. .=

EE it kdacted by the Legislative Assembly of thS Sfate bf T d Nadu

-
in the Thirty-seventh Year of the Republic- of India a3 follows, :- -

1. Short title and conmzencie~tieni.-'(IF This Act may be E l e-d

the Tamil N a d u Prohibition (Third Amendment)' Act, 1986. I

I
(2) Sections 5, 6, 7, S and sub-sectial (1) o se& 9 sliall
come into Soxce on such date as the State Government may,, by q m
caiioc , appinfj and tbe othcr sections shall come into Io?&
. at :onc6,
.
- ,.

( A C ~ O Usv-2-1
D~ C 449 f
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. -.> >_ -_
- _--.
..- .,-.
.A-

f 2. 'Amendment.of secti0.n 3, Tamil Nadu Act X of 1937.-~o

, :..-.

.. g
- 1
w 3 of thc T d - 1Nadu Prohibition Act 1937 (Tamil Nadu Act
X of 1937) (hereinaftcp referred to as the principal Act), to
:. 4 @a%? (3), ~ B Qbugwing Explanation shdl be added, namely :-
' 1:
.
I;' Z !
;

: :. 1I .
., I -
'
' - " ~ x ~ h n d i o n l f i 1 j e c e ' oofr land revenue ' includes Additio~al
:-1. jC#@tqf
+;
..
. . - . and. . Dstrict Revenue mcer;
,I
1
-
,
".
, I :
- I
.-- . 3. XmZidmieir of secrio~13, Tamil N& ~ c X
t of 1937.-lo
I ,

.I
"- a 1 0 1 313 of the prin~ipalAct,-

1
.-
(I) fbt th6 marglnd heading, the following marginal heading
shgJl'be 'substituted, aamely: -
( 2 ) for the words "ths liquor, dmg ' I , the words " in relation to
the drug " shall bo substituted.
.".
4. Imiirtlon of new .sicthk 13-A tn Tarid Nadu Act X of 1933.-
After section 13 of the principal Act, thc following
. section shall bz
...* . ,'. .
-
. - ,

iqserted, nam'e1y:- I. , . . <<'

I , . :
' ' P L - I - .

-,

fC13-A.Liqkor, etc., Zhblti to cbnficu~ian,-Whenever an

offince in relation to Wuor has been committecl, which is punishable
uq&r this Act or the d e s made thcrel~ndcr,the following things shall
: :&:mx?blt c b n ~ ~ a t i ~lama:-
(, .;,- ,...-
-n,.
: ' r -.- - .-
. *
.
, r
- '(1) any liquor, inaterid, $tiB, T~thLsiI,implcincit, ipparat us
in %spEcf or by means, of which such offeccd has been ranlrnittz~:
(2) any 1iqu.x lawfully ,importad, ixoorfed, transported,
I
r

manufactured, hdd in possession or sold along kith, or tl addition

ts, .'many :liquor liable to ma8scat ion under this section ;
(3 ) any iecephc16, &ka&i 6: c G E h 6 ; 5 which anything
E
liableto confiscation under clause (1)' or dause ( 2 ) , is found, and
:
! tbq ~tthcrcontents, if any, of such receptacle or package or covering
: and any animal, cart, vessel or dthcr conveyance used for carrliint the
: ' SBmB : . . , 5 . '.. I ., j.) ! !..~r.)-!n~;<i~~'
-Tim. 1 r ipm 1 . I:b ' 8

I: FrGvided mat, if a i i ~ h i n gspwified in claus6 (3) is nor ibt

..
i!
:
,

..
8 .

, @ Z gof . the offender, . it shall not be confiscated if

thereof ha'd . no %asan to bdi& thqt such offiencs wai b
limy to be cemmitted. ".
--- --. --- ..-- -. .
. .. - -
-- . ,
.
'-C -_. -

/
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5 . Antetzdmrnt of secliorz 21, Tamil Nadu Act X of 1937.-1-n

section 21 of the principal Act, in clause (I ), for the expression "on
suclz c~nditionsa d ", the following shall be substitutec!, namely :--
" on such terms and conditions including- ,.

( a ) the conditiorl for deposit of such sum as may be

prescribed as security for the observance of the: terms and conditions
of any such licence or permit ; -
( b ) the condition for forfeiture gf the whole or part of the
sum so deposited for contravrn tion of any term or condition on which-
the licence or permit ha:; been y:anted ;
(c) the condition fc7r the re~l.cnishmei~iof the sum so,
forEejted within such time as may be prescribed ; and ".
'
. .

6. W r t i o n of new secfiorr.21-A iLv,TmnU Nadu Act X of 1937,-

After:-section21 of the principal Act, 'the following section shall be
inserted, namely:-
" 21-A. Power Iimii. clf ~vastagcor ihorfage bf
to prescribe
spirits.--The Sbte Government may, with a view to prevent or check
t11e misuse of spirits, prescribe the Emit of-
( a ) wastage of spirits i n the distillery, blending unit, brewirj
or ware-house licenced or established under this Act ; or
an i
1ble 'j ( b ) shortage of spirits in hansport :
hall i . - .
Provided that different limits may be prescribed for diEerEni
varieties of spirits. ".

7. -4mendtr1ent of section 23, Tamil IVad~iAct X oJ 1937.-Iii :

b~ib-section( 1 ) of section 23 of the .principal Act, after clause ( c ) ,
the following clause shall be inserted, namely:-
" (CC) if the holder thereof has furnished false or inCOrrZ3 4
information in connection with the obtaiiiin g or renewal of such licence
or permit; or ''.
:ring 8. Insertion of i e ~ vsectioiz 24-C irz Taikil Nadu Act X of 1937.-
: the After section 2 4 4 of the principal Act, the following section shall b6
ik' TI*, inserted, namely :-
" 23-C. Pei~sZtyfor furrzishing false or incurred informaiio'n.-
:ihe U%okver, bcing the holder of any licence or permit in respect of liquoi
wner under this Act, furnishes anv irift~rmation3n connection with the
IT' a S obtaining or r.ene~mlof licence or p e f i t . under this Act, yhich is
either false or which he b o w s or has reasou tp believe lo be incorreot,
.. . .-
 LatestLaws.com
a
- LatestLaws.com
DL
, -
; LuEEfi;:
ALL
:
-..c.
' : E:
.
:: : rt
L L L . . L ~ F F .I . , L

- 9. Ametzdme~ztof section 54, Tamil Nadri Act X of 1937.--Jn

section 54.of the prbcipal Act,-

. ' _
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2
t

TAMIL NADU GOVERNMENT GAZETTE EXTRAOKDlNARY

The following Act of the Tamil Nadu Lcgislstive flsscmbly rcceivd the
.. .. assent of the Governor on the 25th February 1989 and is bereby: pubIished
for general information :-

I ACT NO.1 OF 1989. I

A?&Act further to amend the Tamil Xadu Prohibition Act, 1937.

BE it eaacted by the Lejzislative Assembly of the State of Tamil Nadu in the
Fortieth Year of the Rel~ubiicof India as followe :-

Short dtle anc 1. (1) This Act may be called the Tamil Nadu Prohibition :(Amend-
OoPPmencement. ment) Act, 1989. .- L 4' -
(2) It shall come into forcc at once.
Amcndmenr 01 2. In rscction :18-Bof the Tamil Nadu Prohibition Act, 1937, in s ~ b Tan111
- t<ac?, ;.,
raiOn section (I), for the expression "not exceeding rupees thirty", the expression X of 1937.
"not exceeding rupees sixty " shall 1jc su1)stitut~d.
(By order of tho Governor)
P. JE~ASINGE PETER,
-. - , Secretary to Gouernment, Law Departtn.ent.
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TAMIL NADU GOVERNIMEN'P GAZETTE EXTRAORDINARY

- _ __ -- . ----_ -l-______ -.-.-

The follo~vingAct of the Tamil Nadu Legislative Assembly received the

assent of tlil: Governor on the 25th February 1989 and is hereby published
for general information :-

ACT No. 2 O F 1989.

> An Act jurther to
i amend the, Tatnil Nudl6 Prohibition Act, 1937.
BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the
Fortieth P e a r of the Republic of India as follows :--

1. (1) This Act may be called the Tamil Nadu Prohibition (Second short title ,md
Amendment) Act, 1989. commcncem,r
(2) It shall come into force a t once.
J i! N a d Act
~ X 2. Izl section 3 of the Taniil Nadu Prohibition Act, '1937 (hereinafter kmendmenr or
~ j i19.37. referred to as the principal Act), clause (14-21) shall be omitted. section 3.
3 . In scc.tion 4 of' the principal Act,- Amendment ot
section 4.
(1) in sub-section ( I ) ,for the portion I~cginningwith the words " shall
be punished " and encling with the words " i n any other case w;+'* rigorous
imprisonment for a tcnn ~vhichma.y extend to three yea-. s n d with fine which
may extend to three thousand rupees ", the fdlowing shall be substituted,
namely :-
" shall be punished-with imprisonment for a term which may extend to
three ~nonthsor wit11 fine which may extend to one thousand rupees " ;
(2) in sub-section (1-A), the proviso shall be omitted.
4. I n section 4-A of the principal Act,- Amendment of
section 4-A.
(1) for the expression " shall be punished with rigorous imprisonment
for a tern1 which may extend to three years and sith fine which may extend to
three thousand rupees ", tlle expression " s h d l be punished with imprisonment
for a tern1 which may extend to three months or with finc which may extend
to one thonsancl lupces " shall be substituted ;
(2) the proviso shall be omitted. I
Amcndrmnt or
.-,. 111 s(lc.tjo11 5 of the principal Act, in the oponing paragraph,- >section5.
I (1) for the expression " shall be punished with rigorous imprisonment
a tcr111whic.11 ]nay txtcnd to five years and with fine which may extend to .
i
,013

P scvcn t110uh;in tl I.nllc'c'h ", thc c~spl.cssion" shall bc punished with imprisonmmt
l'or a tcr111wl1i~al1]nay cstcncl to three rnontlis 01%with fine which may extend
a ~ u p c c s" i;hall he sul~stitutect.
t o c,ncl tl~cr~sa.~cl

( 2 ) the p r o ~ i s othereunder shall be omitted.

6. I n scctionv 6, 8, 10, 11, 15-A, 24-C and 52-I3 of the principal Act, the hendmentcf
sections 6.8, 10,
Ivord " rjgctrous vrhere\?er it occurs, shall be omitted.
)'
11, 1 5 4 2 4 4
, and 52-d
7 . For secation 'i o f the principal Act, the fol;otving section shall be subeti- Substitutfen of
tnt( 11. I I : I ~ I .I ( ~ . ~ smtion 7.
t 'i. Plrnish7,ttnt for conspiracy.--When two or more persons agree--
f "

i (i) i,o c.o~n~,ritor clausc, to be conirnitted any offence under sub-sectioo

B ( 1 ) c r i ' st~chtiori4 or ~ ~ n c i esection
r 5 ; or
1

(ii) to evade or nulli t'?. the proviaions 01 thin Act,

,
each nf sllc*h person< shall, notwithstanding that no act except the agreement
was donc>1):. any of Lhc partiex thereto in pursuance thereof, be punished with
irnpri\oilll~cntfor a term \vhich may extend to three months or with fine which
l i ~ a ycxtond to one thousmd rupees. ". ..._= A
L.
.-
-
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4 -
TAMIL NADU GOVERNMENT
--- *-. - EXTRAORDINARY
CJAZE71'1;
- -- .- - - - .
-
.

nission of s e e 8. Section 15-11 of the principal Act shall ornitted.

tion IS -U.
nendment of 9. Ill scc4tion I(i of the ~srincipidAct, in ~111)-scc+tion
(2) -
section 16
( 1 ) for the expression " shall be punished with rigorous imgrison~i~enl
for a tern1 which may extend to thrce years and with fine which may estend
I
to three thousand rupees ", the. expression " shall 1)e punis'hcd wit11 i~:ip~.ison-
ment for a t c r ~ nnhich may extend to three ~nonthlsor wit11 fine I\l i i l . 1 1 iiiny
extend to one thousand rupees " shall I)c substituted ;
(2) the proviso shal! be omitted.
mendment of 10. I n section 17-A of thc principal Act, in sul)- clcstion ( 2 ) , -
soction 17-A.
(1) for the express on " sl~tlllbc punisli~tJ~ ~ i t rigoroll,
ll I I I I i; )O ~T I I , I ~ ~ T I !
for a term which may extend t:, threc years and u itl. fine ~ \ I ~ i c h t ltc111dt o I I I : ~ ~ ~

three thousand rupees ", tile expression " shall be punished n-it11 in~pll-l)~:nlcnt
. for a term which may extend to three months or with fine ~vhichrrtay c.xtcntl
to one tho~lsandlupecs " hall be substituted ;
..
(2) the proviso shall be omitted.

mendmat of
11. I n section 24 of the principal Act, in t 1 1 ~~vl)c,ningpi~i.;~gt.;~l)h,-
section 24. (1) the word " iniigorous" shall be ornittct(1 ;
(2) the proviso tliereunder shall be omitted.
I

,mendment of 12. In section 24-A 01 the principal Act,-

section 24-A.
(1) for the expression " shall l)c punishtd ~vithrigorous inlpriscm~~lrnt",
the expression " shall be punished with imprisonment " shall 1)c msubstitntcd ;
(2) the proviso shall \)a omitted.
nsertion of new 13. After section 2 4 4 of the principal Act, the following seetion sliall bt
section 24-D. inserted, namely :-
" 24-D. Power to coatpound offences.--(1) Any Prohibition Officer
specially e~npoweredby the State Government in this behalf may accept, from
any person who has cortllnittcd or is reasonably snspcctccl of llariilg vornmitted
an offence under this Act 01, the rules made thereunder other than an offence
under section G or section 52-E by way of composition of such offence a sun1
of money not ,--tapeding two thousand rupees but not less than five hundred
rupees.
(2) On payment of snch sum of money to such officer, the accused
person, if in custody, shall l)c dischai.ged and no i'u~.tlicr1)roc.ocdings in rc.;pcct
of the offence shall be taken against such person.

Disposal of RIA- 14. Every proceeding including an appeal pending before any court 03
of this Act shall he decided in accordance with
ding proceedings. the date of the con~rnenvom~nt
the provisions of tlic principal Act, as amended by this Act.
1-
A

-,
.

(BJ- order of the Governor)

. @.-; ' ! - P . .TEPASTXGI-I I'ETER,
. . i *
2. . La20 Dcl)nt'Ime)it.
Secretarg to Governl)~ei~t,

w --
-- mWW ANf) PUBLISHED
- .-
BY THE DIWCTOR OF STATIQNERY AND P B r n i N G , MADIW.
0 N BEHALF BF TH&yioaWENTOF TAMIL NrUTV
,ns
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

-- -
115

l'he follo~~ing
Act of tho Tamil Nadu Legislative Assembly receivd thc
assent of thc Governor on the 22nd October 1991 and is hereby pubi~shed for
geneml information :-

ACT No. 37 O F 1991.

Nadu Prohibition Act, 1937.
1311: it enacted by the Legislative Assembly of the State of Tamil N d u in the
Oorty-second Year of the Republic of India as foIloms :-
1 Nadu Prohibition (Amendment) short t i t ! ~
and commencc-
cncnL
(2) It shall be deemed to have come into force on the 5th day of
September 1991.
2. In section' 18-B of the TamiI Nadu Prohibition Act, 1937 (hereinafter .4mendment of
refcrred to a s the principal Act), in sub-section ( I ) , for the expression "not ~~c~~~ IR-B
exceeding rupees sixty ", the expression " not exceeding xypees seventy " shall
he substituted.
3. Notwithstanding anything contained in the principal Act or in any Vaiidati=
judgment, decree o~ order of a court, anything done or any action taken or
any duty levied and collected under section 18-B of the principal Act, as
cmended by section 2 of this Act, at any time on or after the 5th day of Sep-
tember 1991 a d before the date of publication of this Act in the Tantil Nady
Goverizmn.t Galzette, shall be deemed to hae been valrdly stont, or taken or
!cvicd tlnd c~ollectedunder tho principal Act, w amended by bhis Act.

(By order of the Governor)

P. JEYASINGH PETER,
Secretary to Governwtent,
Law Department.

"Irou2 ) IV-2 -
EX. (500) 2
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ACT NO. 47 OT 1992-

\ 'I " '.
+
r ? ' + ' X S

Airl o t l u r i ~ ~ r a d ~' ~ & k $ N& i'ro)$bhio)t Act; 1937.

(2) It && be deemed to have come into force on the 22th day- of
. . .

Inscrtioo of 3. After section 23-8of the principal Act, the following section shall be
now 'inserted, namely :-
W B . b

23-B. Licencm granted for seUing Indian-made foreign .vikts io

cease to be ua&j.-(l) NotwiWmding anything contained in 1lli.s Act or in
my rule made thereunder or in any judgment, decree or order of any court
I or other authority, every licenca granted in respect of my privilege of selling
by retail, Indid-made foreign spirits shall cease to be valid on the expiry
of the 31st day of &lay 1992 :

Provided that nothing contained in 'this sub-section shall &ect my

liability in respect of such privilege incurred beford the 1st day of June 1992.
- (2) m e State Government may make rules for 'the refund of t l ~
proportionate fee and for the disp& of the unsold stock of Indian-made
foreign apirits in the possession of any holder of the licence which has ceased
' to be in force under sub-section (1).
(3) Notwithstanding anything contained in this Act or in any rule
made thereunder or in any judgment, decree or order of any court or other
authority, every application made for ,the renewal of any licence fnr s~lling,
hy retail, Indian-made foreign spirits and pending before the State Govern-
ment WP before the Commissioner or any other authority on the 12th day of
May 1992 and every a-+,iontaken or enquiry mad4 ia respect of such appli-
., vation, shall abate and all fees in connection with such application (including
the application fee and the licence fee, if any) already paid shall he

(3) Kotwithstanding su3h repeal, anything done or a n y taken

under the principal Act as amended by the said Ordinance, shall be decnled
to have been done or taken under the principal Act, as amended hy tIlis Act.

(By order of the Govei.nor)

f'
4
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TAM3;L NADU 00VERNMLN'I' GAZETTE EX'l'KAORDlNARY 195

---- ---------
The following Act of the Tamil Nadu Legislative Awembly receivcd the
t l 1 ~Governor on tlie 14th October 1992 a d is herelly published for
i ~ < * ~ i of
it
general information. :-

1 ACT KO. 48 (411 1992.

I ,-It1 Act Lo untend t / ~ eTantiZ ATadu Prohibition (Third Amendment) Act, 1986.
BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the
Forty-third year of the Republic of India as follows :-
1. (1) This Act may be called the Tamil Nadu Prohibition (Third short title
-1mendment) Amendmest Act, 1992. and
commencement.
(2) It shall be deemed to have come into force on the 9th day of
kcenzber 1986.
2. I n section 1 of the-Tamil Nadu Prohibition (Third Bmendment) A d ,
adu
:ot Nadu
68 of 19% (hereinafter referred to as the 1986 Act), for wh-section (2), the
,: tl1nv:inp sub-xction shall be substituted, namely :- .
* ~ ~
" (2) (a) Section 6 and mhection (1) of section 9 shall be deemed
to hare come into force on the 12th day of May 1981.

(b) Sections 5, 7 and 8 shall come into force on such dote as thc
Stnt v Government may, by notification, appoint.".

5. In section 9 of the 1986 Act, in &uw (m)proposed t~ be inserted by -IItof

sub-section (I.), for the words " twice the normal' rate of cxcisc: duty or fee e.,
that. would be payable on the quantity of the spirits lost in esccss of the
prcwrikd limits ", the words " slixteen rupees per proof litre " sl~ollbe sub-
qtitrrtcd.
I .,\fter section 9 of the 1986 Act, the following section shall be added,
na nlely : -
" J(J. i/'nlidation.-Notwithst.wding anything conlained in any law for '
the time l~ringin force or in any judgment, decree, or ordrr o i any ceourt,
tribunal o r other authority, any rule mnde or anything done or any action
taken by the State Government or by any officer or authority. in relation to
~~rastageor shortage of spirits in the distillery, blending unit, brewery or
warehous licensed or established under the principal Act or in relation to
qhortxge i8f spirits in transport, as the case may be, at an:- timc on or after
the 12th day of May 1981 and before the date of the publication of this Act
in thc Tawti1 Nndu Government W t t e , ahall be deemed to be, and to have
always been, validly made or done or taken under the principal Act, as
amended by this Act. ".

(By'order of the Governor)

MD. ISMAIb?
flecretaq to Government, Lazo Depwtmenf.
 LatestLaws.com

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 37

" .
$@'it 6y the Leej;rtlative 2bembly of the State of Tamil Nadu in
o@B Year of the ~ep&bl&'aP
- India as follnws -
f%$~c?%ay be &&"the
+ b Tamil Nadu Plhhibition ( b e n d - 'Shart title slid
commencement
k'd* $ze *,/ - -
"A;.

ur <
P
%
'

It &@.b5'detlmed to ha$* come into force on the 16th day of

, \

> . &", -5
', t$.

M , - & ~ k k d?iS- =ti& 3 of the Tamil NUu Prohibition Act, 1937 (hereinafter Amendmc2t of
-- A- ----Am1 A A\ '12", ....,r:--

-* . A,*, 1- -
" sachet " shall
~

(%-A!, thd word be omitted ;

f
shall beauitkd;
(4) in c l k s e ( 6 4 ) ) the expression " country liquor " shaU be
.on$ tted ; \

( 5 ) in clause (7-41, the e x p r ~ o n" but does not include country

liquor " shall be omitted ;
(6) in clause (9), fo11 the e x p m m '"country liquor ", the exprcs-
sion " arrack " shall he substituttd.
3.,ln section Iri-C of the principal Act,- Amendment of
section 174. '
(1; in sub-section (I),-
1 ( a ) in clause (a), the expresqion .' countrg. liquor or yy shall 11e
mitted ; r *+!. .
( b ) in ,dause ( b 1, the e x p r e ~ i o n" country liquor or " shall be
*
1 (2) in sub-section (1-A), in c l a u s ~(a). the errgrexb~an " country
i
i liquor or ", occnring ip ti\-o plxes, shall bc o m i t t d ;
(3) sub-section (I-B) shall be omitted.
4. h section 24.A of th,e principal Act,- Amendment of
section 24-A.
(1)'in the spening portion, the expression " or the Tamil Nadu
Spirit Corp6ttion i'llimitcd " shall be omitted ;

k (2) claus2 ( n o ) shall be omitted.

5. In srcticf 32 of the prhcipal Act, in the third proviso, for rhe

exwreaion " illicit country liquor ", whereve: it occurs, the exp~*ession
F!jc~r-~-'
------- :-!-i
?mr~..dment
pcfion 32.
'
44
iYicit arraek '' shall he s1xbstituted. I
 LatestLaws.com
LatestLaws.com

(By order of the Governor)

 LatestLaws.com
LatestLaws.com

ACT No. 57 OF 1998.

A N ACT FURTHER TO AMEND THE TAMIL NADU PROHIBITION ACT, 1937.

BE it enacted by the Legislative ~ s s e r n bof

l ~ the State of Tamil Nadu in the
Forty-ninth Year of the Republic of India as follows :-

1. (1) This ~ c mayt be called the; Tamil Nadu Prohibition (Second Short titie: and
Amendment) Act, 1998. commence-
ment.

(2) It shall come into force at once.

(1) in sub-section (1) ,-

fi) after clause (rt), the following clcluses sl~allbe inserted, namcly :-
"(da) ilnports, exports, transports or possesses liquor cxczeding fifty litres
but less than one hundred litres ; or
(am) imports, exports, transports or posscsscs liquor of onc Ilunc!rcd litres
and above :or ."
fii) for the portion begining with the words " shall be punished" and ending
with the words" one thousand rupees", the following s h ~ l be
l substituted, namely:--
"shall be punished ,-

(c) in the case of offences falling under other cla~scs,with imprisonment

for a term which may extend to three months cr with fine which may extend to one
thousand npees ." ;
(2) in sub-section (l-A), after the expression " clause (a)", the expression
"clause (aa), clause (nun)" shall be inserted.
3. Tn section 5 of the principal Act, for the portion beginning with 11% words Amcndnlent
"shall bc l~ullisllcd" and c~lcltngwllh t l ~ cwords " o17c t11ous:tmL l.upccs9', tjtc of section 5.
following shall be silbsiitutcd, namely :-

for a term wliich ~naycxtcnd lo

''shall bc puilisll~ciwith sigorolrs impi.iso~u~zcnt
'. three ycars and with fine which may cxtcnd to ten ~llousanclrupees."
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"a
200
.---- -- -
TAMIL NADU GOVERNMENT GP.ZEIT?'E EXr[ I! ,I. (~12D
_-_________- _ _ -- - --
__I__I_
---- ' -
]NARY
-- -- -- -

Amendment of 4. To section 7 of the princi~al~ c t , tllc followrng pr(,v,',~~ l i ~ !DLI I arltlctl,

section 7. namely :-.

"Provided th~ltif the ogieement rel~testo an offence under c!ausc ( d ( i ( . ) , clause (b)
clause (f), or clause (h) of sub-section (l), or punishable under sub-scct on (]-A), of
section 4, each of such persons shall be punished with rigorous jmprisonnlent for a
term which may extend to three years and with fine may exte~ldto ten thwsand
rupees.";
Amendment of 5. In section 20 of the principal Act, in clausc (d), f ~ > tsl ~ ccxgrcssict~z
section 201. "clause (a) or (j)", the expression " clause (a), (ad), (aocr), or !j)" shall bc
substituted.
Amendment of 6. In section 24-1)of the principal Act, in sub-section (I),-
section 24-D.

(i) for the explcssion " an offence under section 6 or scclion 52-E",
the expression " the offences under cla~ses(aaa), (b), (t) and (h) of sub-section (11,
and offence p~nishable under sub-section ( I - A ) of section 4 and offences
under sections 6 and 52-E" shall be substituted:
Amendment of (ii) for the expression " two thousand nipees but not less than five hundrea
section 52.A. rupees", the expression " ten thousand rupees but not less than one thousand rupees"
shall be substituted.
7. In section 52-A of the principal Act, after the exp~essioll " cla~rsc(u)".
the expression " clause (aa), c ~ u S(aUU),
~ " sllall be inserted.

Amendment of 8 In section 52-E of the principal Act, in sub-section (I), aftcr the
setion 52-E expression " clause (a)", the expression "clause (at(), clausc sllall
(trclcl)''
be inserted.
Amendment of 9. In Schedule 11 to the principal Act, a fler I he exprrssivn "4[1) ( a ) ',
Schedule II. occurring at two places, the expressjon " 4 f 1) (nc), 4 (1) c ' 5)1;111 be.
inserted.

(By order of the Governor)

A, K, RAJAN
Secretary to Government, Law Department:
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EXTRAORDINARY PURI I S H F RVAI

~ ITI-I~RIN II
9191 C H E W , SAI'URDAY, NOVEMBER 15, 2003
E Aippasi 29, Subhanu, Thiruvalluvar Aandu-2034

Part IV--Section 2
Tamil Nadu Acts and Ordinances.

E The following Act of the Tamil Nadu Legislative Assembly received the assent of the C
I
Governor on the 14th November,2003 and is hereby published far general informa:ion:-
e I I
j . . . ., I

ACT Noi 31 OF 2003. t i 1

.-
F e ;'I . . '#I' , I . ,

An Act further to amend the Tamil.Nadu Prohibition Act, 1937.

BEit etrac'tid b9,thi:Legislktivk Assembly of the State of Tamil Nadu in the Fifty-fourth ~ e k t
of the ~e~ub'11c
df9ndia7aifonohs:-
C' u ~i ,, ' ' ,Pi.
.,+ * ! t t ? i ~ t , i i I ~ ;-.3z>!k1t: , a _ a

it
1. (1) This Act may be called the Tamil Nadu Prohibition (Arfienbnt) Act, 2003;r Shott title and
f* commence=
I : , to have come into f o k e on the 26th day of October 2003.
e(2)d?~~lQe:deemed ment,

State Government, shall have the exclusive privilege of selling, by retail, Indian-made fofeigfl
spirits, fo: the whale of the State of Tamil Nadu aqd no other person shall be entitled to any
~ ~ v i l e g e , o f s e l i i n ~ietai13&dian-inad?
~bY foreis dpiria for the whole dr any part okthe State.
R 1
(b)Notwithstanding anythingcontained in this Act, Tamil Nadu state harketing
Corporation Limited shall be granted the licence by the Commissioner for the exercise of the
exclusive privilege referred to in clause (a) and such licence shall be subject to the rules made
by the State Government in this behalf and to such conditions and restrictions as the
Commissioner may, from time to time, specify.
(c) ( i )The Tamil Nadu State Marketing Corporation Limited shall, as soon as
1 may be, after the grant of the licence under clause ( b )for the exercise of the exclusive privilege
referred to in clause (a), fix, locate and open as many shops as may be necessary to effectively
I carry on the business of sale, by retail, of Indian made foreign spirits in the State ar~dthe said
Caporation in so fixing the shops, shall take into account the population of the locality, the
1 . needs ~f the locality and other relevant factors.
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1
.
.a
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(ii)The Tamil Nadu State Marketing Corporation Limited shall carry on the ..
v.

'business of selling, by retail, Indian-made foreign spirits-

,I
;F b (A) either directly by the said Corporation; or
II (B) through Co-operative Societies appointed by the said Corporation
I t as agents to act on its behalf and on such terms and conditions as the said Corporation may
d
1
specify; or
!
1 i (C) by both the methods specified in sub-items (A) and (B) ofthis item.
I \

(iii) Any dispute between the said Corporation and the Co-operative
I
Society, appointed as it$ agent, in respect of any matter shall L e referred to the Commissioner
or an officer not below the rank of District Revenue Officer specially empowered by the State

i Government in this behalf, whose decision thereon shall be final and such decision shall not
be called in question in any Court.
Explanation.-For the purposes of this Act, a Co-operative Society, appointed as agent
by the Tamil Nadu State Marketing Corporation Limited for selling on its behalf, by retail,
Indian-made foreign spirits shall not be deemed to be exercising any privilege ofselling, by retail,
Indian-made foreign spirits and accordingly the provisions of this Act relating to the grant of
such privilege and licence for selling, by retail, lndian made foreign spirits shall 'not apply to
such agent.".

I Insertion of
new section
3.Aftersection22-C ofthe principal Act, the following sectionshall be inserted, namely:-
22-D. "22-D. Licence grantedfor selling, by retail, Indian-made foreign spirits to cease to
be valid-(a) Notwithstanding anything contained in this Act or in any judgment, decree or
order of any Court, every licence granted or renewed in respect of any privilege of selling, by
retail, Indian-made foreign spirits (other than the licence granted or renewed for supply in hotels,
clubs and stores and depots run by the Defence Department, Government of India) and which
is valid on the 26th day of October 2003 shall cease to be valid on the expiry of the 28th day
of November 2003 on which date the validity of the said licence shall, under the existing rules,
expire and any licence renewed for any period beyond 28th day ofNovember 2003 shall cease

t
to be valid anct in s ~ c cascs
h all fccs (including the licence fee and the privilege amount) paid
for renewal of lice c e shall be refunded.

i
(b Notwithstanding anything contained in this Act or in any judgment, decree
or order of any Co rt, every application made for the grant or renewal of licence for selling, by
retail, Indian-mad foreign spirits and pending before the Commissioner or before the State
Government or an. other authority on the 26th day of October 2003 and every action taken, or
enquiry made, in respect of such application, shall abate and all fees in connection with such
dpplication (including the application fee and the licence fee, if any), already paid shall be
refunded.
, . (c) The Tamil Nadu Liquor (Retail Vending) Rules, 1989 and the Tamil Nadu
Liquor(Retai1 Vending in Bar) Rules, 2002 are hereby repealed witheffect fromthe 29thday of
November 2033:
Provided thar such repeal shall not affect any offence committed or any fine, penalty or
forfeiture incurredl before the 29th day of November 2003.
(4(i) Notwithstanding anything contained in sub-section (1-B) of section
17-Cand without prejudice to the provisions contained in section 54, the StateGovernment may
make rules for grant of licences to such hotels, clubs and stores and depots run by the Defence
Department, Government of India, as may be prescribed and for the purpose of can ying into
effect the provisions of this section and sub-section (I-B) of section 17-C.
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TAMIL NADU GOVERNMENT GAZETTE EXTRAOR111 NA RY

(ii)Within a period of one month commencing on and from the 29th day of ,
November2003,the StateGovernmentshall, on payment of the price, take over the entire stock - ,
of Indian-made foreign spirits, if any, which on the 29th day of November 2003, is in
possession of any holder of a licence which shall cease to be valid under clause (a).
Explanation.-For the purposes of item (ii) of this clause, the expression "stock of
' - Indian-made foreign spirits" shall include stocks in movement on the 29th day of November
kjd, :, 2003, consequenton;the ordersplaced by such holder with the suppliers in pursuance ofpermits
. ,. giiiqtktl by the Competent Authority under this Act.". i
4. ( 1) The Tamil Nadu Prohibition (Amendment) Ordinance, 2003 is hereby repealed.
I
Repeal and
anvino
i
I:

under the principal Act, as amended by this Act.

*. . e*.

(By order of the Governor)

A. KRISHNANKZTW NAIR,
Secr.etn,y to Govern mmt,
Law Department.

-
PRINTED AP(D PUBLISHED BY THE DIRECTOR O F STATIONERY AND PRINTING. CHFNNAI
ON BEHALF OF THE GOVERNMENI' OF TAMlL NADkJ
1
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I 2004
0
GOVERNMENT OF TAMIL NADU ['?~?gd.NO.TNIPMG (CCR)91712003-05.
[ Price : Re. 0.80 Paise. I

TAMIL NADU
GOVERNMENT GAZETTE
EXTRAORDINARY PIJBLISHED BY AUTHORITY
L 2
No. 401 CHENNAI, WECNESCAY, FEBRUARY 11, 2004
Thai 28, Subhanu, Thiruvalluvar Aandu-2035
-

I Part IV-Section 2

I Tamil Nadu Acts and Ordinances.

The following Act of the Tamil Nadu Legislative Assembly received the assent .
of the Governor on the 11th Februdry 2004 and is hereby published for general
information:-

ACT No. 2 OF 2004.

I An Act further to amend the Tamil Nadu Prohibition Act, 1937.

I
BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Fifty-fifth
Year of the Republic of India as follows:-
This Act may be called the Tamil Nadu Prohibition (Amendment) Short title and
1. (I)
Act, 2004. conimencement.

I (2) (a) Section 2,-

(i)in so far as it relates to sub-sections (1) and (2) of new
Tamil Nadu
Act X of section 22-CC of the Tamil Nadu Prohibition Act, 1937 (hereinafter referred to as the

!
1937. principal Act), shall be deemed to have come into fcrce on the 22nd day of
June 2001;
L
I

I
(ii) in sa far as it relates to sub-sections (3) and (4) of new
section 22-CC of the principal Act, shall be deemed to have come into force on the
-.
23rd day 6f April 2002.
i
I ( b ) Other provisions shall be deemed to have come into force on the
26th day of October 2003.
2. After section 22-C of the principal Act, the following section shall be Insertion of new
inserted, namely:- section 22-CC.
"22-CC. Repeal of rules.--(1) Notwithstand~nganything contained in any
judgment, decree or order of any court, rule 14 of the Tamil Nadu Liquor (Retail
Vending) Rules. 1989 is repealed with effect from the 22nd day of June 2001.
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8 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

--- --- .----

(2) Notwithstanding anyth~ngcor~~atllaci

,n ti,is Act or in any judgment,
decree or order of any court,---

. - (i) the liccnce granted for selling, by retail, Indian Made Foreign
Spirit on or after the 22nd day of June 2001, under !he Tamil Nadu Liquor
(Retail Vending) Rules, 16189, shall be deemed to have been granted without the
right of renewal; I,

(ii) any grant of renewal otd licence for selling-, by retail, lndian Made
Foreign Spirit on or after the 22nd day of June 2001, under the rule repealed under
sub-section (I) of this section shall be deemed to be a grant of licence for selling,
by retail, Indian Made Foreign S p ~ r ~without
t the right of renewal and shall cease to
be valid on the expiry of the 28th day of November 2003.

.# (3) Notwithstanding anything contained in any judgment, decree or order

of any court, rule 5 of the Tam11Nadu Liquor (Retail Vending in Bar) Rules, 2002 is
I
repealed with effect from the 23rd day of April 2002. f;
(4) Notwithstanding anything contained in this Act or in any judgment,
decree or order of any court,--
(i) the licence granted for vending liquor in bar, on or after the
23rd day of April 2002, under the Tamil Nadu Liquor (Retail Vending in Bar) Rules,
2002, shall be deemed to have been granted without the right of renewal;

(ir) any grant of renewal of h e n c e for vending liquor in bar, on or

after the 23rd day of April 2002 under the rule repealed under sub-section (3) of this
section shall be deemed to be a grant of licence for vending liquor in bar without
the right of renewal and shall cease to be valid on the expiry of the 28th day of
November 2003.".
Amendment of 3. In s e c t i o ~2?-r>
~ of the principal Act, in clause (a),-
sectior 2 2 - 3
( 1 ) for the expression "every licence granted or renewed", the expression
"every licence granted or renewed [which is.deemed to be a grant of licence under
sub-sections (2) and (4) of section 22-CC]" shall be substituted;
(2) for the expression "ally licence renewed", the expression "any licence
renewed [which is deemed to be a gract of licence under sub-sections (2) and (4) of
section 22-CC]" shall be substituted.
Repeal and 4. (1) The Tamil Nadu Prohibition (Amendment) Ordinance, 2004 is hereby Tam11Nadu
saving. repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the
Ord~nance
1 of 2004. 1 l9

principal Act, as amended by the said Ordinance, shall be deemed to have been
done or taken under the principal Act, as amended by this Act.

(By order of the Governor)

A. KRISHNANKUTTY NAIR,
Secretary to Government,
Law Department

ip
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PRINTED AND PUBLISHED BY THE I)IHEC;TOR OF STATIONERY AND PRINTING,CHENNAI
ON BEHALF Or TYE (;OVEHNMENT OF TAMIL NADU
I
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ACT No. 22 OF 2007.

I
An Act further to amend the Tamil Nadu Prohibition Act, 1937.
BEit enacted by the Legislative Assembly of the State of Tamil Nadu in the Fifty-eighth Year
of the Republic of India as follows: -
1. (1) This Act may be called the Tamil Nadu Prohibition (Amendment) Act, 2007. Short tit'e
cornmence-
ment.
(2) It shall come into force on such date as the Sate Government may, by
notification, appoint.
2. In section 3 of the Tamil Nadu Prohibition Act, 1937 (hereinafter referred to as the Amendment of
pri:lcipal Act), in clause (7), in sub-clause (b), for the expression "otherwise thann, the section 3. '
expression "including the bringing" shall be substituted.
3. In section 17-C of the principal Act,- Amendment of
section 174.
(I) in sub-section (I), in clalrse (L), for the expression "Indian-made foreign
spirits", the expression "Indian-made foreign spirits and foreign liquor" shall be substituted;
(2) in sub-section (1-A), in clause (a), for the expression "Indian-made foreign
spirits" occurring in two places, the expression "Indian-made foreign spirits and foreign
liquor" shall be substituted.

(By order of the Governor)

S. DHEENADHAYALAN,
Secretary to Government-in-charge,
Law Department.
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The following Ar':I or' the - ''

Tamil Nadu Legislative Assembly received the assent of the
W U V ~ ~ ~ I U I UII the 25th May 2008 and is hereby published for general information:-

ACT No. 23 OF 2008.

An Act further to amend the Tamil Nadu Prohibition Act, 1937.

BE it enacted by the Leg slalive Assembly of the State of Tamil Nadu In the F~fty-n~nth
Year of the Republic of India as follows:-
shon title and 1. (1) This Act may be called the Tamil Nadu Proh~b~tion
(Amendment) Act. 2008.
cornrnence-
rnent. (2) It shall come into force on such date as the State Government may, by
notification, appoint.
Insertion of
new section 2. After section 18-B of the Tamil Nadu Prohibition Act. 1937, the following section TamilNadu
18-BB.
shall be inserted, namely:-
"78-BB. Special fee on import of excisable articles.-A special fee at
such rate not exceeding rupees four hundred and fifty per proof l ~ t r e ,as the
State Government may, from time to time, by notificat~onspecify. shall b e
levied o n all excisable articles permitted to be ~ m p o r t e dunder t h ~ sAct:'.

(By order of the Governor)

S. DHEENADHAYALAN,
Secretary to Government,
L a w Department.
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[Regd. No. TN/CCN/467/2012-14.

GOVERNMENT OF TAMIL NADU [R. Dis. No. 197/2009.
2014 [Price: Re. 0.80 Paise.

TAMIL NADU
GOVERNMENT GAZETTE
EXTRAORDINARY PUBLISHED BY AUTHORITY

No. 160] CHENNAI, TUESDAY, AUGUST 19, 2014

Aavani 3, Jaya, Thiruvalluvar Aandu2045

Part IVSection 2
Tamil Nadu Acts and Ordinances

The following Act of the Tamil Nadu Legislative Assembly received the assent of
the Governor on the 19th August 2014 and is hereby published for general information:

ACT No. 8 OF 2014.

An Act further to amend the Tamil Nadu Prohibition Act, 1937.

BE it enacted by the Legislative Assembly of the State of Tamil Nadu in
the Sixty-fifth Year of the Republic of India as follows:
1. (1) This Act may be called the Tamil Nadu Prohibition (Amendment) Short title and
commence-
Act, 2014.
ment.
(2) It shall come into force at once.
Tamil Nadu 2. In section 18-B of the Tamil Nadu Prohibition Act, 1937, for sub-section (1), Amendment of
Act X of 1937. section 18-B.
the following sub-section shall be substituted, namely:-
(1) Notwithstanding anything contained in section 18-A, an excise duty
or countervailing duty at such rate not exceeding
(a) rupees two hundred and fifty per proof litre, for ordinary brands;
(b) rupees three hundred per proof litre, for medium brands;
(c) rupees five hundred per proof litre, for premium brands,
as the State Government may, from time to time, by notification specify,
shall be levied only under this section on all excisable articles
(a) permitted to be imported under this Act;
(b) permitted to be exported under this Act;
(c) permitted to be transported under this Act;
(d) manufactured under any licence granted under this Act;
(e) manufactured at any distillery, blending unit or brewery licensed or
established under this Act;
[ 27 ]
IV-2(160)
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28 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(f) issued from a distillery, blending unit, brewery or warehouse licensed

or established under this Act; or
(g) sold in any part of this State.
Explanation. For the purpose of this sub-section,
(a) ordinary, medium and premium brands mean the Indian-made foreign
spirits brands classified as such by notification by the State Government;
(b) each case of Indian-made foreign spirits containing nine bulk litres or
less than nine bulk litres shall be considered as containing 6.75 proof litres
and excise duty shall be levied accordingly.

(By Order of the Governor)

G. JAYACHANDRAN,
Secretary to Government,
Law Department.

PRINTED AND PUBLISHED BY THE DIRECTOR OF STATIONERY AND PRINTING, CHENNAI

ON BEHALF OF THE GOVERNMENT OF TAMIL NADU