The Mizoram Liquor Total Prohibition (Amendment) Act, 2007. Complete Act - Bare Act

(Act No. 4 of 2007)

[Received the assent of the Governor of Mizoram on 5th April, 2007]

An Act to further amend the Mizoram Liquor Total Prohibition Act, 1995(Act no. 10 of 1995) (hereinafter referred to as the principal Act) and to regulate manufacture, sale, possession and consumption of wine in Mizoram in relaxation of the provisions of the Principal Act, and for matters connected thereto.

It is enacted by the Legislative Assembly of the State of Mizoram in the Fifty eighth year of the Republic of India as follows:-

(1) This Bill may be called the Mizoram Liquor Total Prohibition (Amendment) Act, 2007

(2) It shall have the like extent as the Principal Act.

(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

(1) In the principal Act, in sub-section (I) of section 2 after clause (g), the following clauses shall be inserted, namely-

"(ga) 'grape' means fruit of Vitis vinifera; (gb) 'guava' means fruit of psidium guhva;"

(2) In the principal Act, in sub-section (1) of section 2 after clause (j) the following proviso shall be inserted, namely-

"Provided that it shall not include wine made from grapes and guavas under a licence from the Government. which shall not contain more than such percentage of alcohol as may be prescribed by the Government."

(3) In the principal Act, in sub-section (1) of section 2 after clause (q), the following clause shall be added, namely-

"(r) 'wine' means fermented juice of grape or guava."

(4) In the Principal Act, in sub-section (1) of section -2, the clauses namely, (fi) and (ki) shall be re-lettered as (fa) and (ka) respectively.

In section 13 of the principal Act the following shall be added, namely "or, (c) alter or attempt to alter wine or have in his possession wine with more than the prescribed content of alcohol."

After section 26 of the principal Act the following section shall be inserted, namely "Licence for manufacture etc. of wine

26-A. Subject to general conditions of section 26 and with prior approval of the Government, the Commissioner or any other officer duly authorised by him may grant licence and permit for

(i) manufacture of wine;

(ii) wholesale and retail vending of wine;

(iii) transport and export of wine within and outside the state."

After section 26A in the Principal Act, a new section shall be inserted as follows, namely-

"provisions for manufacture, possession, sale, consumption, etc, of wine 26B. Notwithstanding anything contained in section 7, for the purposes of manufacture" possession, sale, consumption, iffiport, transport, export of wine and all other matters connected thereto, the provisions of Mizoram Excise Act, 1973 (Mizoram Act No.7 of 1974) as amended from time to time shall apply with effect from the appointed day."

In sub-section (2) of section 70 of the Principal Act, new clause shall be inserted as follows namely -

"(cc) for regulating manufacture, possession, sale, transportation and consumption of wine, and grant, cancellation and renewal of licence for the purpose, and for prescribing procedure and conditions for the purpose;"