THE ABKARI (AMENDMENT) ACT, 1995 [1] An Act further to amend the Abkari Act, 1077. "WHEREAS it is expedient further to amend the Abkari Act, 1077 (1 of 1077) for the purposes hereinafter appearing; BE it enacted in the Forty-sixth Year of the Republic of India as follows:" 1 . Short title and commencement"This Act may be called the Abkari (Amendment) Act, 1995. (2) It shall come into force at once. 2 . Amendment of section 26."In section 26 of the Abkari Act, 1077 (1 of 1077) (hereinafter referred to as the principal Act), after clause (b), the following clause shall be inserted, namely:" "(bb) if the holder thereof or his servant, or anyone acting with his express or implied permission on his behalf, sells or stores for sale liquor in any place other than the licenced premises; or". 3 . Amendment of section 55."In section 55 of the principal Act," (a) clause (c) shall be omitted; (b) in clause (i),for the words "sells liquor", the words "sells or stores for sale liquor" shall be substituted; (c) for clauses (1) and (2) the following clauses shall be substituted, namely:" "(1) for any offence, other than an offence falling under clause (d) or clause (e), with imprisonment for a term which may extend to two years and with fine which shall not be less than twenty-five thousand rupees; and (2) for an offence falling under clause (d), or clause (e) with imprisonment for a term which may extend to one year or with fine which may extend to ten thousand rupees or with both Explanation. "For the purpose of this section and section 64A, "intoxicating drug" means any intoxicating substance, other than a narcotic drug or psychotropic substance regulated by the Narcotic Drugs and Psychotropic Substances Act, 1985 (Central Act 61 of 1985), which the Government may by notification declare to be an intoxicating drug". Omission of section 55A. "Section 55A of the principal Act shall be omitted. Amendment of section 58. "In section 58 of the principal Act, for the words "with fine which may extend to three thousand rupees or with imprisonment for a term, which may extend to six months, or with both" the words "with a fine which shall not be less than rupees fifteen thousand and with imprisonment for a term which may extend to one year" shall be substituted. Insertion of new section 64A. "After section 64 of the principal Act, the following section shall be inserted, namely:" "64A. Penalty for allowing land, building, room, etc., for manufacture, sale or storing for sale of liquor or intoxicating drug. "Notwithstanding anything contained in this Act, or in any other law for the time being in force, any owner or occupier or person having control of, any land, building, room, space or enclosure, permits any person to use such land, building, room, space or enclosure for manufacture, sale or storing for sale of liquor or intoxicating drug in contravention of this Act or of any rule or order made thereunder or of any licence or permit obtained under this Act shall be punishable with fine which shall not be less than twenty-five thousand rupees unless he proves to the satisfaction of the court that all due and reasonable precautions were taken by him to prevent such use.". Amendment of section 6 7."For section 67 of the principal Act, the following section shall be substituted, namely:" "67. Power to compound offences."Any Abkari Officer specially empowered in that behalf may accept from any person," (a) whose licence or permit is liable to be cancelled or suspended under clauses (a) end (b) of section 26 or who is reasonably suspected of having, committed an offence under clause (2) of section 55, sections 56, 57 or 63, a sum of money not less than ten thousand rupees; and (b) whose licence or permit is liable to be cancelled or suspended under clause (bb) of section 26 or who is reasonably suspected of having committed an offence under clause (1) of section 55 or sections 58 or 64A, a sum of money not less than twenty-five thousand rupees, in lieu of such cancellation or suspension or by way of compensation for the offence which may have been committed, as the case may be. On the payment of such sum of money to such officer, the accused person, if in custody, shall be discharged and no further proceedings shall be taken against such person.". 8 . Amendment of section 67A."In section 67A of the principal Act," (a) in sub-section (1) for the words "not exceeding two thousand rupees" the words, "of rupees five thousand" shall be substituted; (b) to sub-section (1), the following proviso shall be added, namely:" "Provided that if the holder of such licence or permit sells or stores for sale liquor in any premises, other than the licensed premises; such penalty shall not be less than twenty-five thousand rupees.". 9 . Repeal and Saving."(1) The Abkari (Amendment) Ordinance, 1995 (13 of 1995) is hereby repealed. (2) Notwithstanding such repeal anything done or 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 Act. |