Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com Tamil Nadu Prohibition Act, 1937 10 of 1937 CONTENTS CHAPTER 1 :- PRELIMINARY 1. Short Title, Extent And Commencement 2. Repeals 3. Definitions CHAPTER 2 :- PROHIBITIONS AND PENALTIES 4. Prohibition Of The Manufacture Of, Traffic In, And Consumption Of Liquor And Intoxicating Drugs 4A. Punishment For Being Found In A State Of Intoxication 5. Punishment For Rendering Or Attempting To Render Denatured Spirit Fit For Human Consumption 6. Prohibition Of Advertisement 6A. Control And Regulation Of Molasses 6B. Regulation Of Transit Of Liquor 7. Punishment For Conspiracy 8. Punishment For Vexatious Search Or Arrest 9. Punishment For Vexatious Delay 10. Punishment For Abetment Of Escape Of Person Arrested, Etc 11. Punishment For Offences Not Otherwise Provided For 12. Punishment For Abetment Of Offence Against Act In Area To Which Act Is Not Extended 13. Drug Etc., Liable To Confiscation 13A. Liquor, Etc., Liable To Confiscation 14. Confiscation How Ordered 14A. Owner Of Animal, Vessel, Cart Or Other Vehicle Deemed To Be Guilty In Certain Cases 15. Offences Under Act To Be Cognizable 15A. Summary Trial Of Certain Offences 15B. Omitted 15C. Offences To Be Non-Bailable CHAPTER 3 :- EXEMPTION AND LICENCES 16. Power To Notify Exemptions 16C. Authorities For Bona-Fide Religious Purposes 17. Exemption Of Bona-Fide Travellers And Lawful Consignment 17A. Exemption Of Members Of Armed Forces, Etc 17B. Licence For Manufacture, Etc., Of Potable Liquor 17C. Exclusive Privileges Of Manufacture, Etc., May Be Granted 17D. Payment Of A Sum In Consideration Of The Grant Of Any Exclusive Or Other Privilege Or Fee On Licences For Manufacture Or Sale 17E. Licence For Export, Import, Etc 18. Licences For Bona-Fide Medicinal Or Other Purposes 1 8 A . E xcise Duty Or Countervailing Duty On Liquors And Intoxicating Drugs 18B. Excise Duty Or Countervailing Duty On Excisable Articles 18C. How Duty May Be Imposed 18D. Omitted 18E. Omitted 18F. Omitted 18G. Omitted 18H. Exemption From Payment Of Excise Duty, Countervailing Duty Or Fee 18I. Recovery Of Amount Due To The State Government 19. Licence For Tapping Of Sweet Toddy, Etc 20. Permits And Licences 20A. Matters To Be Taken Into Consideration By The Licensing Authority 20B. Co-Operative Societies To Be Given Preference 20C. Licence For Possession And Use Of Denatured Spirit In The Manufacture Of Specified Commodities, Etc 21. Form And Conditions Of Licences And Permits 21A. Power To Prescribe Limit Of Wastage Or Shortage Of Spirits 22. Section 22 23. Power To Cancel Or Suspend Licences And Permits 23A. Licence For Possession And Sale Or Issue Of Bottled Liquor To Cease 23B. Licences Granted For Selling Indian-Made Foreign Spirits To Cease To Be Valid 24. Penalty For Breach Of The Condition Of Licence And Permits 24A. Punishment For Adulteration, Etc., By Licensed Vendor Or Manufacturer 24B. Offences By Companies 24C. Penalty For Furnishing False Or Incorrect Information 24D. Power To Compound Offences CHAPTER 4 :- ESTABLISHMENT AND CONTROL 25. Appointment Of Officers And Withdrawal Of Powers 25A. Delegation Of Powers Of State Government 26. Prohibition Committees 27. Power Of State Government To Authorize Officers To Admit Persons Arrested To Bail CHAPTER 5 :- POWERS, DUTIES AND PROCEDURE OF OFFICERS, ETC 28. Issue Of Search Warrants 29. Powers Of Entry And Search Without Warrant 30. Power Of Entry And Inspection 31. Power To Use Force In Case Of Resistance To Entry 32. Arrest Of Offenders And Seizure Of Contraband Liquor And Articles Without Warrant 32A. Establishment Of Checkpost Or Barrier And Inspection Of Liquor While In Transit, Etc 33. Arrest Of Person Refusing To Give Name Or Giving False Name 34. Searches How To Be Made 35. Duty Of Officials Of All Departments And Local Bodies To Assist 36. Offences To Be Reported, Etc 37. Land Holders And Others To Give Information 38. Persons Arrested How To Be Dealt With 39. Persons Arrested To Be Admitted To Bail 40. Bond Of Accused And Sureties 41. Procedure In Case Of Default Of Person Admitted To Bail To Appear Before Prohibition Officer 41A. Obtaining Of Medical Certificates In The Case Of Persons Found In A State Of Intoxication 41B. Presumption That The Liquor Consumed Is An Illicit Variety 42. Power Of Police Or Prohibition Officer To Summon Witnesses 43. Terms Of Summons 44. Examination Of Witnesses 45. When Attendance Of Witness Be Dispensed With And Procedure In Such Cases 46. Power Of Police Or Prohibition Officer To Summon Suspected Persons 4 7 . L a w Relating To Criminal Courts As To Summoning Of Witnesses To Apply 48. Report Of Police Or Prohibition Officer To Give Jurisdiction To Competent Magistrate 49. Powers Of Police And Prohibition Officers To Cause Attendance Of Witnesses Before Magistrate 50. Procedure After Arrest 51. Police To Take Charge Of Articles Seized 52. Power Of District Magistrate To Transfer Cases 52A. Security For Abstaining From Commission Of Certain Offences 52B. Power To Release Certain Offender Of Prohibition On Good Conduct 52BB. Person Not To Be Released On Probation 52C. Procedure In Case Of Offender Failing To Observe Condition Of Bond 52D. Provision As To Bonds 52E. Removal Of Persons Convicted Of Certain Offences 53. Operation Of The [Code Of Criminal Procedure, 1973] 53A. Prohibition Officer Deemed To Be Police Officer For Certain Purposes CHAPTER 6 :- RULES AND REGULATIONS 54. Power To Make Rules 55. Publication Of Rules And Notifications CHAPTER 7 :- LEGAL PROCEEDINGS 56. Actions Against The Government, Etc 56A. Injunctions Not To Be Granted In Respect Of Sums Payable In Consideration Of The Grant Of Any Privilege Or Fee On Licences For Manufacture, Etc 56B. Bar Of Jurisdiction Of Civil Courts 57. Courts To Take Judicial Notice Of Appointments SCHEDULE 1 :- FIRST SCHEDULE SCHEDULE 2 :- SECOND SCHEDULE Tamil Nadu Prohibition Act, 1937 10 of 1937 An Act to introduce and extend the prohibition of the manufacture, sale and consumption of intoxicating liquors and drugs in the 2[State of Tamil Nadu.] WHEREAS it is expedient as early as possible to bring about the prohibition, except for medicinal, scientific, industrial or such like purposes, of the production, manufacture, possession, export, import, transport, purchase, sale and consumption of intoxicating liquors and drugs in the 2[State of Tamil Nadu]. AND WHEREAS it is desirable to give effect to the above mentioned policy by introducing it in certain selected areas in the 3[said State] and utilizing the experience gained therein for extending it to the other areas thereof; It is hereby enacted as follows :- Received the assent of the Governor on the 1st October 1937 and first published in the Fort St. George Gazelle, dated the 1st October 1937. 1 Substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order, 1969. 2 Substituted for the words "Province of Madras" by the Tamil Nadu Adaptation of Laws Order, 1970. 3 Substituted for the word "Province" by the Adaptation of Laws Order, 1950. CHAPTER 1 PRELIMINARY 1. Short Title, Extent And Commencement :- (1) This Act may be called the 1[Tamil Nadu] Prohibition Act, 1937. (2) It extends to the whole of the 2[State of Tamil Nadu]. (3) (a) This section and sections 3 and 6 shall come into force in the whole of the 2[State of Tamil Nadu] at once. (b) The rest of this Act shall come into force -- (i) in the district of Salem, at once; and (ii) in any other local area in the 2[State of Tamil Nadu] on such date as the 3[State] Government may, by notification, appoint. 1 Substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order, 1969. 2 Substituted for the words State of Madras ibid. 3 Substituted for the word Province" by the Adaptation of Laws Order, 1950. 2. Repeals :- From the date on which the provisions of this Act other than sections 1, 3 and 6 come into force in any local 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 1[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 2[Schedule I] with any subsequent statutory modifications thereof shall revive and come into force in such area with effect on and from such date. 3[Explanation.-- For the removal of doubts, it is hereby declared that if a notification is issued in pursuance of the foregoing proviso, in respect of any area which formerly formed part of the State of Pudukottai 4[***] the enactments mentioned in 5[Schedule I] with any subsequent statutory modifications thereof come into force into such area with effect on and from such date as may be specified in the notification]. 1 Substituted for the word Province" by the Adaptation of Laws Order, 1950. 2 This word and figure were substituted for the words The Schedule by Tamil Nadu Act VIII of 1958. 3 Explanation was added by Tamil Nadu Act XXXV of 1949. 4 The words "Banganapalle or Sandur" were omitted by the Tamil Nadu Adaptation of Laws Order, 1954. 5 Substituted for the words The Schedule by Tamil Nadu Act VIII of 1958. 3. Definitions :- In this Act, unless there is something repugnant in the subject or context-- 1[(1) "blending unit" means a unit where 2[***] Indian-made foreign spirits are manufactured;] (1-A) "bottle" means to transfer liquor from a cask or other vessel to a bottle, jar, flask 3[***] or pot or similar receptacle for the purpose of sale whether any process of manufacture be employed or not and includes re-bottling;] (2) "buy" or "buying" includes any receipt including gift; (3) "Collector" means a Collector of land revenue or any person appointed under clause (d) of section 25 to exercise all or any of the powers or to perform all or any of the duties of a Collector under this Act. 4[Explanation.-- Collector of land revenue includes Additional Collector and District Revenue Officer; (4) "Commissioner" means the Officer appointed under clause (a) of section 25; (4-A). 5[***] (5) "cultivation" includes the tending or protecting of a plant during growth and does not necessarily imply raising it from seed; 6[(5-A) "excisable article" means any alcoholic liquor for human consumption but does not include medicinal and toilet preparations mentioned in entry 48 of List I in the Seventh Schedule to the Constitution. (6) "export" means - (a) to take out of any local area to which this Act applies to any other local area in the 7[State] of 8[Tamil Nadu] to which this Act has not been extended; or (b) to take out of the 7[State] of 8[Tamil Nadu] otherwise than across a customs frontier as defined by the Central Government; 9[(6-A) "foreign liquor" 10[***] includes every liquor imported into India, other than 11[***] Indian-made foreign spirits, plain rectified spirits and denatured and methylated spirits;] (7) "import" means - (a) to bring into any local area to which this Act applies from any other local area in the 7[State] of 8[Tamil Nadu] to which this Act has not been extended; or (b) to bring into the 7[State] of 8[Tamil Nadu], otherwise than across a customs frontier as defined by the Central Government. 12[(7-A) "Indian-made foreign spirits" means spirits manufactured a n d compounded in India and made in colour and flavour to resemble gin, brandy, whisky or rum imported into India and includes "milk punch" and other liquors consisting of or containing spirits; 13[***]]. (8) "Intoxicating drug" means -- (i) the leaves, small stalks and flowering or fruiting tops of the Indian hemp plant (Connadis satival) including all forms known as bhang, siddhi or ganja; (ii) charas, that is, the resin obtained from the Indian hemp plant, which has not been submitted to any manipulation other than those necessary for packing and transport; (iii) any mixture, with or without neutral materials, of any of the above forms of intoxicating drug or any drink prepared therefrom; and (iv) any other intoxicating or narcotic substance which the 14[State] Government may, by notification, declare to be an intoxicating drug, such substance not being opium, cocoa leaf, or a manufactured drug, as defined in section 2 of the Dangerous Drugs Act, 1930 (Central Act II of 1930). (9) "liquor" includes toddy, 15[arrack], spirits or wine (denatured spirits), spirits, wine, beer, and all liquid consisting of, or containing alcohol; 16[Explanation.-- Denatured means subjected to all process prescribed by the State Government by notification for the purpose rendering unfit for human consumption]. (10) "local body" means the Corporation of 17[Chennai], any municipality constituted under the 18[Tamil Nadu] District Municipalities Act, 1920 (Tamil Nadu Act V of 1920) or any *local board, constituted under the 18[Tamil Nadu] Local Boards Act, 1920 (Tamil Nadu Act XIV of 1920); (11) "manufacture" includes every process, whether natural or artificial by which any fermented, spirituous, or intoxicating liquor or intoxicating drug is produced, prepared or blended, and also re- distillation and every process for the rectification of liquor; 19[(11-A) "molasses" means the heavy dark coloured residual syrup drained away in the final stage of the manufacture of gur or sugar containing, in solution or suspension sugars which can be fermented and includes any product formed by the addition to such syrup of any ingredient which does not substantially alter the character of such syrup; but does not include any article which the State Government may, by notification, declare not to be molasses, for the purposes of this Act; (11-B) "neer or padani" means juice drawn from a coconut, palmyra, date or any other kind of palm tree into receptacles treated so as to prevent any fermentation and not fermented;] (12) "place" includes also a house, shed, enclosure, building, shop, tent and vessel; ( 1 3 ) "police station" includes any place which the 20[State] Government may, by notification, declare, to be a police station for the purposes of this Act; (14) "prohibition officer" means the Commissioner, a Collector, or any officer or other person lawfully appointed or invested with powers under section 25; 21[(14-A) ***] (15) "rectification" includes every process whereby spirits are purified or are coloured or flavoured by mixing any materials therewith; (16) "sale or selling" includes any transfer including gift; 22[(17) "spirits" means any alcohol and includes any liquor containing alcohol and obtained by distillation whether such liquor is denatured or not; Explanation.-- "Denatured" means subjected to a process prescribed by the State Government by notification for the purpose of rendering unfit for human consumption.] 23[(18)***] (19) "toddy" means the fermented or unfermented juice drawn from a coconut, palmyrah, date or any other kind of palm tree; 24[***] 25[(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;] (20) "transport" means to move from one place to another within any local area to which this Act applies; 26[and] (21) any reference to a permit generally or to a permit granted under sections 18, 19 or 20 shall be construed as including a reference to an "authority" issued under section 16-A. 1 Clause (1) was re-numbered as clause (1-A) and new clause (1) was inserted by Tamil Nadu Act 23 of 1981. 2 The words "country liquor or" were omitted by Tamil Nadu Act 14 of 1993. 3 The word "sachet" was omitted by ibid. 4 Explanation was added by Tamil Nadu Act 68 of 1986. 5 Clause (4-A) was omitted by Tamil Nadu Act 14 of 1993. 6 Clause (5-A) was inserted by Tamil Nadu Act 23 of 1981. 7 Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. 8 Substituted for the word Madras by the Tamil Nadu Adaptation of Laws Order, 1969. 9 Clause (6-A) was inserted by Tamil Nadu Act 23 of 1981. 10 The words "except for purpose of section 21 A" were omitted by Tamil Nadu Act 2 of 1983. 11 The words "country liquor" were omitted by section 2(4) ibid. 12 Clause (7-A) was inserted by Tamil Nadu Act 23 of 1981. 13 Omitted by Tamil Nadu Act 14 of 1993. 14 Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. 1 5 The word "arrack" was substituted by Tamil Nadu Act 14 of 1993. 16 Explanation was added by Tamil Nadu Act VIII of 1958. 17 Substituted by Tamil Nadu Act 28 of 1996. 18 Substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order, 1969. * Now, the District Panchayat, Panchayat Union Council and Village Panchayat constituted under the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994). 19 Inserted by Tamil Nadu Act VIII of 1958. 20 Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. 21 Inserted by Tamil Nadu Act 9 of 1979 and omitted by Tamil Nadu Act 2 of 1989. 22 Substituted for the original clause (17) by Tamil Nadu Act VIII of 1958. 23 Clause (18) was omitted by Tamil Nadu Act VIII of 1958. 24 The word "and" was omitted by Tamil Nadu Act XVII of 1938). 25 Inserted by Tamil Nadu Act 2 of 1983. 26 The word "and" was added by ibid. CHAPTER 2 PROHIBITIONS AND PENALTIES 4. Prohibition Of The Manufacture Of, Traffic In, And Consumption Of Liquor And Intoxicating Drugs :- 1(1) Whoever -- ( a ) imports, exports, transports or possesses liquor or any intoxicating drug; or 2[(aa) imports, exports, transports or possesses liquor exceeding fifty litres but less than one hundred litres; or (aaa) imports, exports, transports or possesses liquor of one hundred litres and above; or] (b) manufactures liquor or any intoxicating drugs; or ( c ) except in accordance with the rules made by the State Government in that behalf cultivates the hemp plant {Cannabis sativa); or collects any portion of such plant from which an intoxicating drug can be manufactured; (d) taps any toddy-producing tree or permits or suffers to be tapped any toddy-producing tree belonging to him or in his possession; or (e) draws toddy from any tree or permits or suffers toddy to be drawn from any tree belonging to him or in his possession; or (f) constructs or works any distillery or brewery; or (g) uses, keeps or has in his possession any materials, still, utensil, implement or apparatus whatsoever for the tapping of toddy or the manufacture of liquor or any intoxicating drug, or keeps or has in his possession any materials which have undergone any process towards the manufacture of liquor or any intoxicating drug or from which any liquor or intoxicating drug has been manufactured; or (h) bottles any liquor for purposes of sale; or (i) sells liquor or any intoxicating drug; or 3[(j) consumes or buys - (i) any liquor other than such liquor as may be specified by the State Government, by notification, in their behalf; or (ii) any intoxicating drug; or] 4[(jj)knowingly expends or applies any money in direct furtherance or support of the commission of any of the acts specified in clauses (a) to (j)] (k) allows any of the acts aforesaid upon premises in his immediate possession, 5[shall be punished -- (a) in the case of offences falling under clauses (aaa), (b), (f) and (h), with rigorous imprisonment for a term which may extend to three years and with fine which may extend to ten thousand rupees; (b) in the case of offence falling under clause (aa), with imprisonment for a term which may extend to six months or with fine which may extend to two thousand rupees; and (c) in the case of offences falling under other clauses, with imprisonment for a term which may extend to three months or with fine which may extend to one thousand rupees] : Provided that nothing contained in this sub-section shall apply - (i) to any act done under, and in accordance with the provisions of this Act or the terms of any rule, notification, order, licence or permit issued thereunder; 6[***] (ii) to the possession, sale, purchase, use or consumption of duty- paid medicinal or toilet preparations for their bonafide medicinal or toilet purposes; 7[or] 8[(iii) to the transport or possession for personal consumption of the prescribed quantity of any liquor specified by the State Government under sub-clause (i) of clause (j).] 9[(1-A) Where in the case of an offence falling under clause (a), 10[clause (aa), clause (aaa),] clause (b), clause (h), or clause (i) of sub-section (1), 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 consumption 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 imprisonment for a term which may extend to ten years and with fine which may extend to seven thousand rupees. 11[***] (2) It shall be presumed until the contrary is shown-- (a) that a person accused of any offence under clauses 12[(a) to (jj)] of sub-section (1) has committed such offence in respect of any liquor or intoxicating drug or any still, utensil, implement or apparatus whatsoever for the tapping of toddy or the manufacture of liquor or any intoxicating drug or any such materials as are ordinarily used in the tapping of toddy or the manufacture of liquor or any intoxicating drug or any materials which have undergone 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 satisfactorily, and (b) that a person accused of any offence under clause (k) of sub- section (1) has committed such offence if an offence is proved to have been committed in premises in his immediate possession in respect of any liquor or intoxicating drug or any still, utensil, implement or apparatus whatsoever for the tapping of toddy or the manufacture of liquor or any intoxicating drug or any such materials as are ordinarily used in the tapping of toddy or the manufacture of liquor or any intoxicating drug or any materials which have undergone any process towards the manufacture of liquor or any intoxicating drug or from which any liquor or intoxicating drug has been manufactured. 1 This section was substituted for the original section 4 by Tamil Nadu Act VIII of 1958. 2 Inserted by Tamil Nadu Act 57 of 1998. 3 Inserted by Tamil Nadu Act 9 of 1979. 4 This clause was substituted by Tamil Nadu Act 12 of 1990. 5 Substituted by Tamil Nadu Act 57 of 1998. 6 The word "or" was omitted by Tamil Nadu Act 12 of 1990. 7 The word "or" was added by ibid. 8 This clause was added by ibid. 9 This sub-section was inserted by Tamil Nadu Act 9 of 1979. 10 Inserted by Tamil Nadu Act 57 of 1998. 11 Proviso was omitted by Tamil Nadu Act 2 of 1989. 12 Substituted by Tamil Nadu Act 9 of 1979. 4A. Punishment For Being Found In A State Of Intoxication :- 1Whoever 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, 2[shall be punished with imprisonment for a term which may extend to three months or with fine which may extend to one thousand rupees]. 3[***] 1 Section 4-A was substituted by ibid. 2 Substituted by Tamil Nadu Act 2 of 1989. 3 Proviso was omitted by ibid. 5. Punishment For Rendering Or Attempting To Render Denatured Spirit Fit For Human Consumption :- Whoever renders or attempts to render fit for human consumption any spirit whether manufactured in 1[***] India or not, which has been denatured 2[or any preparation containing such spirit] or has, in his possession, any spirit 3[or preparation containing spirit] in respect of which he knows or has reason to believe that any such attempt has been made 4[shall be punished with rigorous imprisonment for a term which may extend to three years and with fine which may extend to ten thousand rupees]. 5[***] For the purpose of this section, it shall be presumed until the contrary is proved that any spirit or preparation containing spirit which is proved on chemical analysis to contain any quantity of any of the prescribed denaturants is, or contains or has been, derived from, denatured spirit. 1 The word "British" was omitted by the Adaptation of Laws (Amendment) Order, 1950. 2 Inserted by Tamil Nadu Act XXXI of 1950. 3 These words were inserted by ibid. 4 Substituted by Tamil Nadu Act 57 of 1998. 5 Proviso was omitted by Tamil Nadu Act 2 of 1989. 6. Prohibition Of Advertisement :- Whoever prints or publishes in any newspaper, book, leaflet, booklet or any other single or periodical publication or otherwise displays or distributed any advertisement or other matter 1[***] soliciting the use of, or offering any liquor or intoxicating drug other than liquor, or drugs exempted under section 16, 2[***] shall be punished 3[with 4[***] imprisonment] 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 catalogues and price lists which may be generally or specially approved by the Commissioner; or 5[(b) to advertisements in medical journals, or to notices and literature circulated exclusively to members of the medical profession, if such advertisements, notices or literature relate to any liquor or intoxicating drug which has been specially approved as of medicinal value -- (i) by the Medical Council established by the Tamil Nadu Medical Registration Act, 1914 (Tamil Nadu Act V of 1914); or (ii) by any other Medical Council which has been established under any law for the time being in force 6[in any other State] or which has been recognised by the Government of such 7[***] State; or (iii) by such authority in respect of Indian medicine as may be notified by the 8[State] Government; or (c) to the normal circulation within the 8[State] of newspapers, periodicals and books printed and published in accordance with law outside the 8[State]; or (d) to any advertisement contained in a newspaper printed and published in the 8[State] before the first day of January 1938.] 1 The word Commanding was omitted by Tamil Nadu Act VIII of 1958. 2 The words and figures or specially approved as of medicinal value by the Medical Council established by the Tamil Nadu Medical Registration Act, 1914 were omitted by Tamil Nadu Act X of 1938. 3 Substituted by Tamil Nadu Act 9 of 1979. 4 The word rigorous was omitted by Tamil Nadu Act 2 of 1989. 5 Clauses (b) and (c) were re-lettered as (c) and (d) respectively and clause (b) was inserted by Tamil Nadu Act X of 1958. 6 Substituted for the words "in any other Province in British India or in any other State" by the Adaptation of Laws (Amendment) Order, 1960. 7 The words "Province or" were omitted by ibid. 8 Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. 6A. Control And Regulation Of Molasses :- 1(1) Except as otherwise provided in sub-sections (2) and (3), no person shall import, export, transport, sell or have in his possession any quantity of molasses. (2) The State Government may, by general or special 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 the transport of molasses.] 1 Inserted by Tamil Nadu Act VIII of 1958. 6B. Regulation Of Transit Of Liquor :- 1(1) Except as otherwise provided in sub-section (2), no person shall transit any liquor. (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 issue 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 escort at such scale as may be prescribed provided by the prescribed authority at the cost of the person who transits liquor. 1 Inserted by Tamil Nadu Act 2 of 1983. 7. Punishment For Conspiracy :- 1When two or more persons agree -- (i) to commit or cause to be committed any offence under sub- section (1) of section 4 or under section 5; or (ii) to evade or nullify the provisions of this Act, each of such person shall, notwithstanding that no act except the agreement was done by any of the parties thereto in pursuance thereof, be punished with imprisonment for a term which may extend to three months or with fine which may extend to one thousand rupees.] 2[Provided that if the agreement relates to an offence under clause (aaa), clause (b), clause (f) or clause (h) of sub-section (1), or punishable under sub-section (1-A) of section 4, each of such persons shall be punished with rigorous imprisonment for a term which may extend to three years and with fine which may extend to ten thousand rupees.] 1 Substituted by Tamil Nadu Act 2 of 1989. 2 Proviso was added by Tamil Nadu Act 57 of 1998. 8. Punishment For Vexatious Search Or Arrest :- Any officer or person exercising powers under this Act, who -- (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 (d) maliciously and falsely lays information leading to a search, seizure, detention or arrest; or (e) in any other way maliciously exceeds his lawful powers, shall be punished 1[with 2[***] imprisonment] which may extend to six months, or with fine which may extend to five hundred rupees, or with both. 1 Substituted by Tamil Nadu Act 9 of 1979. 2 The word rigorous was omitted by Tamil Nadu Act 2 of 1989. 9. Punishment For Vexatious Delay :- Any officer or person exercising powers under this Act, who vexatiously and unnecessarily delays forwarding to a Prohibition Officer or to the officer in-charge of the nearest police station as required by section 38, any person arrested or any article seized under this Act, shall be punished with fine which may extend to two hundred rupees. 10. Punishment For Abetment Of Escape Of Person Arrested, Etc :- Any officer or person exercising powers under this Act who -- (a) unlawfully releases or abets the escape of any person arrested under this Act, or abets the commission of any offence against this Act, or (b) acts in any manner inconsistent with his duty for the purpose of enabling any person to do anything whereby any of the provisions of this Act may be evaded or broken, and any other officer of the 1[State] Government or of a local body who abets the commission of any offence against this Act, shall be punished 2[with 3[***] imprisonment] which may extend to six months, or with fine which may extend to five hundred rupees, or with both. 1 Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. 2 Substituted by Tamil Nadu Act 9 of 1979. 3 The word rigorous was omitted by Tamil Nadu Act 2 of 1989. 11. Punishment For Offences Not Otherwise Provided For :- Whoever is guilty of any wilful act or intentional omission in contravention of any of the provisions of this Act or of any rule, notification or order made thereunder and not otherwise provided for in this Act, shall be punished 1[with 2[***] imprisonment] which may extend to six months or with fine which may extend to five hundred rupees or with both. 1 Substituted by Tamil Nadu Act 9 of 1979. 2 The word rigorous was omitted by Tamil Nadu Act 2 of 1989. 12. Punishment For Abetment Of Offence Against Act In Area To Which Act Is Not Extended :- Where any offence against this Act is committed in any area to which it has been extended, whoever, commits, or attempts to commit, or abets the commission of any of the acts making up the offence shall be liable to be punished thereof, whether such commission, attempt or abetment takes place within or outside such area. 13. Drug Etc., Liable To Confiscation :- 1In any case in which an offence has been committed 2[against this Act, or the rules made thereunder] 3[in relation to drug, the drug] material, still, utensil, implement or apparatus in respect or by means, of which the offence has been committed shall be liable to confiscation along with the receptacles, packages, coverings, animals, vessels, carts or other vehicles used to hold or carry the same. 1 Marginal heading was substituted by Tamil Nadu Act 68 of 1986. 2 Substituted by Tamil Nadu Act 2 of 1983. 3 Substituted by Tamil Nadu Act 68 of 1986. 13A. Liquor, Etc., Liable To Confiscation :- 1Whenever an offence in relation to liquor has been committed, which is punishable under this Act or the rules made thereunder, the following things shall be liable to confiscation, namely :-- (1) any liquor, material, still, utensil, implement, apparatus in respect or by means, of which such offence has been committed; (2) any liquor lawfully imported, exported, transported, manufactured, held in possession or sold along with, or in addition to, any liquor liable to confiscation under this section; (3) any receptacle, package or covering in which anything liable to confiscation under clause (1) or clause (2), is found, and the other contents, if any, of such receptacle or package or covering and any animal, cart, vessel or other conveyance used for carrying the same: Provided that, if anything specified in clause (3) is not the property of the offender, it shall not be confiscated if the owner thereof had no reason to believe that such offence was being or was likely to be committed.] 1 Inserted by Tamil Nadu Act 68 of 1986. 14. Confiscation How Ordered :- (1) When the offender is convicted or when the person charged with an offence against this Act is acquitted, but the court decides that anything is liable to confiscation, such confiscation 1[shall be ordered by the court]. 2[(2) Where, during the trial of a case for an offence against this Act, the court decides that anything is liable to confiscation, the court shall order the confiscation : Provided that no animal, vessel, cart or other vehicle shall be confiscated under sub-section (1), 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 omission of such an offence]. 3[(3) When an offence against this Act has been committed but the offender is not known, or cannot be found, or when anything liable t o confiscation under this Act and not in the possession of any person cannot be satisfactorily accounted for, the case shall be inquired into and determined by the Collector or other Prohibition Officer-in-charge of the district or by any other officer authorized by the State Government in that behalf who 4[shall order such confiscation : 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.] 5[(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 is satisfied that an offence has been committed against this Act and whether or not a prosecution is instituted for such offence, he may, without prejudice to any other punishment to which the offender is liable under this Act, order confiscation of any animal, vessel, cart or other vehicle used in the commission of such offence : Provided that, before passing an order of confiscation, the owner or the person from whom such animal, vessel, cart or other vehicle is seized, shall be given -- (i) a notice in writing informing him of the grounds on which it is proposed to confiscate the animal, vessel, cart or other vehicle; (ii) an opportunity of making a representation in writing within a reasonable time, not exceeding fourteen days, as may be specified in the notice, against the grounds of confiscation; and (iii) a reasonable opportunity of being heard in the matter : Provided further that the owner or the person from whom such animal, vessel, cart or other vehicle is seized shall be given an option to pay, in lieu of its confiscation, an amount not exceeding the market price of such animal, vessel, cart or other vehicle. (5) Any person aggrieved by an order of confiscation under sub- section (4) may, within one month from the date of the receipt of such order, appeal to the court of session having jurisdiction.] 1 Substituted by Tamil Nadu Act 9 of 1979. 2 This sub-section was substituted by ibid. 3 The original sub-section (2) of section 14 was re-numbered as sub-section (3) by Tamil Nadu Act VIII of 1958 which was subsequently substituted by Tamil Nadu Act 9 of 1979. 4 Substituted by Tamil Nadu Act 9 of 1979. 5 Substituted by Tamil Nadu Act 24 of 1990. 14A. Owner Of Animal, Vessel, Cart Or Other Vehicle Deemed To Be Guilty In Certain Cases :- 1Where 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 and such owner shall be liable to be proceeded against and punished accordingly unless he satisfies the court that he had exercised due care in the prevention of the commission of such an offence.] 1 Inserted by Tamil Nadu Act 9 of 1979. 15. Offences Under Act To Be Cognizable :- All offence under this Act shall be cognisable and the provisions of the 1[Code of Criminal Procedure, 1973 (Central Act 2 of 1974)] with respect to cognizable offences shall apply to them. 1 Substituted by ibid. 15A. Summary Trial Of Certain Offences :- 1Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), the State Government may confer on -- (i) any Judicial Magistrate of the first class, or (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 1974), power to try summarily in accordance 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 2[***] imprisonment for a term not exceeding six months, or with fine, or with both, but as a result of such trial no sentence except a sentence of fine shall be imposed. 1 Substituted by ibid. 2 The word "rigorous" was omitted by Tamil Nadu Act 2 of 1989. 15B. Omitted :- 1[***] 1 Section 15-B was omitted by Tamil Nadu Act 2 of 1989. 15C. Offences To Be Non-Bailable :- 1(1) The offences punishable under this Act with rigorous imprisonment for a term which may extend to three years and upwards shall be non-bailable and the provision of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) with respect to non-bailable offences, shall apply of those offences. (2) Nothing contained in sections 27. 28. 29. 32. 38 and 39 shall be construed as enabling a person to be admitted to bail, if the offence alleged to have been committed by such persons is one referred to in sub-section (1)]. 1 Sybstutyted bt Tanuk Bady Act 9 of 1979. CHAPTER 3 EXEMPTION AND LICENCES 16. Power To Notify Exemptions :- (1) The 1[State] Government may, by notification and subject to such conditions as they think fit, exempt any specified liquor or intoxicating drug or article containing such liquor or drug from the observance 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. 2[(2) Whoever commits a breach of any of the conditions subject to which the exemption is notified under sub-section (1), 3[shall be punished with imprisonment for a term which may extend to three months or with fine which may extend to one thousand rupees]. 4[***] 1 Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. 2 Substituted by Tamil Nadu Act 9 of 1979. 3 Substituted by Tamil Nadu Act 2 of 1989. 4 Proviso was omitted by ibid. 16C. Authorities For Bona-Fide Religious Purposes :- 1The 2[State] Government shall make suitable provision for issuing, Authorities to person and institutions for the possession and use of such liquor as may be required by them for any bona fide religious purpose in accordance with ancient custom, under such terms and conditions, and penalties for infringement, as may be prescribed.] 1 Inserted by Tamil Nadu Act XVII of 1938. 2 Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. 17. Exemption Of Bona-Fide Travellers And Lawful Consignment :- Until the 1[State] Government by notification otherwise direct, the provisions of this Act shall not be deemed to apply -- (a) to liquor in the possession of bonafide travellers for their own personal use while passing through any local area in which this Act is in force; or (b) to lawful consignments of 2[liquor carried into any such local area or of] intoxicating drugs carried 3[***] through or into any such local area. 1 Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. 2 Substituted by Tamil Nadu Act 24 of 1990. 3 The words "by a railway administration" were omitted by Tamil Nadu Act XII of 1948. 17A. Exemption Of Members Of Armed Forces, Etc :- 1(1) The *[State] Government may, by notification and subject to such conditions as they think fit, exempt members of the armed forces of the 2[Union] or of any other armed forces raised or maintained by the 5[Union] or attached to or operating with any of its armed forces and the member of the medical or other staff attached to any of the armed forces aforesaid, from all or any of the provisions of this Act. 3[(2) Whoever commits a breach of any of the conditions subject to which the exemption is notified under sub-section (1), 4[shall be punished with imprisonment for a term which may extend to three months or with fine which may extend to one thousand rupees]. 5[***] * Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. 1 Inserted by Tamil Nadu Act XXVI of 1949. 2 Substituted for the words "Dominion of India" by the Adaptation (Amendment) Order, 1950. 3 Substituted by Tamil Nadu Act 24 of 1990. 4 Substituted by Tamil Nadu Act 2 of 1989. 5 Omitted by ibid. 17B. Licence For Manufacture, Etc., Of Potable Liquor :- 1The State Government, or subject to their control, the Collector may,] subject to such conditions as may be prescribed, issue licence to any person or any institution 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 and institutions who hold permits or licences for sake of such liquor; (ii) for other purpose permitted under this Act; or (b) for the import, export or transport of liquor for human consumption. 1 Sections 17-B and 17-C were substituted by Tamil Nadu Act 23 of 1981. 17C. Exclusive Privileges Of Manufacture, Etc., May Be Granted :- 1[(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 2[***] Indian-made foreign spirits, or; (b) of selling by retail 2[***] Indian-made foreign spirits, within any local area. (1-A) (a) Notwithstanding anything contained in this Act, the Tamil Nadu State Marketing Corporation Limited, which is a Corporation wholly owned and controlled by the State Government, shall have the exclusive privilege of supplying, by wholesale, 2[***] Indian-made foreign spirits, for the whole of the State of Tamil Nadu and no other person shall be entitled to any privilege of supplying, by wholesale, 2[***] Indian-made foreign spirits for the whole or any part of the State. (b) Notwithstanding anything contained in this Act, the Tamil Nadu State Marketing 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) The Tamil Nadu State Marketing Corporation Limited shall, as soon as may be, after the grant of the licence under clause (b) for the exercise of the exclusive privilege referred to in clause (a) open its 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 one branch in each district.] 3[(1-B) (a) Notwithstanding anything contained in this Act, the Tamil Nadu State Marketing Corporation Limited, which is a Corporation wholly owned and controlled by the State Government, shall have the exclusive privilege of selling, by retail, Indian-made foreign spirits, for the whole of the State of Tamil Nadu and no other person shall be entitled to any privilege of selling, by retail, Indian-made foreign spirits for the whole or any part of the State. (b) Notwithstanding anything contained in this Act, Tamil Nadu State Marketing 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 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 carry on the business of sale, by retail, of Indian made foreign spirits 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 retail, Indian-made foreign spirits -- (A) either directly by the said Corporation; or (B) through Co-operative Societies appointed by the said Corporation as agents to act on its behalf and on such terms and conditions as the said Corporation may specify; or (C) by both the methods specified in sub-items (A) and (B) of this item. (iii) Any dispute between the said Corporation and the Co-operative Society, appointed as its agent, in respect of any matter shall be referred to the Commissioner or an officer not below the rank of District Revenue Officer specially empowered by the State 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 of selling, 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, Indian-made foreign spirits shall not apply to such agent.] 1 Substituted by Tamil Nadu Act 33 of 1986. 2 The words "country liquor or" was omitted by Tamil Nadu Act 14 of 1993. 3 Inserted by Tamil Nadu Act 31 of 2003 with effect from 26th October 2003. 17D. Payment Of A Sum In Consideration Of The Grant Of Any Exclusive Or Other Privilege Or Fee On Licences For Manufacture Or Sale :- 1The State Government may, by rules, levy a sum or fee or both in consideration of the grant of any exclusive or other privilege under section 17-C and also fee on licences granted under section 17-C. 1 Section (17-D) and (17-E) were inserted by Tamil Nadu Act 51 of 1981. 17E. Licence For Export, Import, Etc :- (1) The State Government or subject to the control of the State Government, the Collector, may issue licences to any person or in respect of any institution whether under the management of the Government or not, for the export, import, transport or possession of any liquor or article containing such liquor on the ground that such liquor or article is required by such person or in respect of such institution for bona fide purpose. (2) Section 18 shall, in so far as it relates to any liquor or article containing such liquor, cease to be in force with effect on and from 1st May 1981.] 18. Licences For Bona-Fide Medicinal Or Other Purposes :- The 1[State] Government or subject to the control of the 1[State] Government, the Collector, may issue licences to any person or in respect of any institution whether under the management of Government or not, for the manufacture, export, import, transport, sale or possession of any liquor or drug, on the ground that such liquor, drug or article is required by such person or in respect of such institution for a bona fide medicinal, scientific, industrial or such like purpose. 1 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. 18A. Excise Duty Or Countervailing Duty On Liquors And Intoxicating Drugs :- 1(1) An excise duty or countervailing duty of such amount as the 2[State] Government may, by notification in the Fort St. George Gazette*, specify, from time to time, shall, if they so direct, be levied on all liquors and intoxicating drugs permitted to be imported, exported, transported, manufactured, issued from any manufactory or institution or sold, under the provisions of this Act or any rule, notification, licence or permit issued thereunder. (2) Such duty may be levied in any one or more of the ways prescribed in the rules made under this Act. (3) Nothing in this section shall authorize the levy of any duty which, as between goods manufactured or produced in the 2[State] and similar goods not so manufactured or produced, discriminates in favour of the former or which, in the case of goods manufactured or produced outside the 2[State], discriminates between goods manufactured or produced in one locality, and similar goods manufactured or produced in another locality.] 1 Section 18-A was inserted by Tamil Nadu Act XIX of 1948. 2 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. * Now, Tamil Nadu Government Gazette. 18B. Excise Duty Or Countervailing Duty On Excisable Articles :- 1(1) Notwithstanding anything contained in section 18-A, with effect on and from the date of the commencement of the Tamil Nadu Prohibition (Amendment) Act, 1981, an excise duty or countervailing duty at such rate not 2[exceeding rupees one hundred and twenty-five per proof litre] as the State Government may, from time to time, by notification specify, shall be levied 3[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; (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. (2) Nothing in this section shall authorise the levy of any duty which, as between excisable articles manufactured or produced in the state and similar excisable articles not so manufactured or produced, discriminates in favour of the former or which in the case excisable articles manufactured or produced outside the State discriminates between excisable articles manufactured or produced in one locality and similar excisable articles manufactured or produced in another locality. 4[(3) Section 18-A shall, in so far as it relates to matters specified in this section, cease to be in force with effect on and from 1st May 1981.] 1 Sections 18-B to 18-G were inserted by Tamil Nadu Act 23 of 1981. 2 Substituted by Tamil Nadu Act 24 of 1998. 3 Inserted by Tamil Nadu Act 51 of 1981. 4 Sub-section (3) was added by Tamil Nadu Act 51 of 1981. 18C. How Duty May Be Imposed :- The excise duty or the countervailing duty under section 18-B may be levied in one or more of the following ways :-- (a) by duty of excise to be charged in the case of spirits or beer either on the quantity produced in, or passed out of a distillery, blending unit, brewery or warehouse licensed or established under this Act, or in accordance with such scale of equivalents, calculated on the quantity of materials used or by the degree of attenuation of the wash or wart, as the case may be, as may be prescribed. 1[***] 2[***] (e) by import, export or transport duties assessed in such manner as the State Government may direct : Provided that where there is & difference 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 licences at the close of the former period. 1 Clauses (b) and (c) were omitted by Tamil Nadu Act 51 of 1981. 2 Clause (d) was omitted by Tamil Nadu Act 33 of 1986. 18D. Omitted :- 18E. Omitted :- 18F. Omitted :- 18G. Omitted :- 1[18-D to 18-G - Omitted] 1 Sections 18-D, 18-E, 18-F and 18-G were omitted by ibid. 18H. Exemption From Payment Of Excise Duty, Countervailing Duty Or Fee :- 1The State Government may, by notification subject to such conditions, if any, as the State Government may specify in such notification,-- (1) make an exemption, reduction in rate or other modification in regard to the excise duty, countervailing duty or any fee payable by or under this Act by any person or class of persons; and (2) cancel or vary such exemption, reduction or other modification.] 1 Section 18-H was inserted by Tamil Nadu Act 51 of 1981. 18I. Recovery Of Amount Due To The State Government :- 1(1) Notwithstanding anything contained in this Act or in any other law for the time being in force and without prejudice to any other mode of recovery which is being taken or may be taken, any amount due to the State Government under any of the provisions of this Act or the rules made thereunder along with interest, at such rate as may be specified by the State Government, -- (a) by deducting the amount due with interest from any money owing to the person which may be in the hands or under the control or disposal of any officer of the State Government; or (b) by recovering the amount due with interest by attachment and sale of excisable articles belonging to the person from whom such amount is due. (2) If the amount due to the State Government with interest cannot be deducted or recovered in the manner provided for in sub-section (1) or the money so deducted or recovered is not sufficient to satisfy the amount and interest so due, the officer empowered may prepare a certificate signed by him specifying the amount with interest due or, as the case may be, the balance of the amount due from the person and send it to the Collector of the district in which such person resides or carries on business and the Collector, on receipt of such certificate, shall recover the amount with interest specified therein as an arrear of land revenue from the said person. (3) Notwithstanding anything contained in any law for the time being in force and subject to the prior claim, if any, of the State Government in respect of land revenue, any amount due to the State Government with interest shall be a first charge upon the property or interest in the property of the person from whom the amount is due.] 1 Section 18-1 was inserted by Tamil Nadu Act 23 of 1989. 19. Licence For Tapping Of Sweet Toddy, Etc :- Subject to the control of the 1[State] Government, the Collector or any officer empowered by him may issue -- (a) 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 (b) permits for the possession, transport or sale of such 2[neera or padani.] 3[***] 1 Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. 2 Substituted for the word sweet toddy by Tamil Nadu Act VIII of 1958. 3 Omitted by Tamil Nadu Act 33 of 1986. 20. Permits And Licences :- The 1[State] Government or any officer empowered by them in this behalf may issue,-- (a) permit authorising any person 2[to consume and possess for personal consumption any liquor other than those specified by the State Government under sub-clause (i) of clause (j) of sub-section (1) of section 4] or intoxicating drug; 3[(b) licences to any institution to possess liquor and issue it to such of its members as hold permits under clause (a); 4[***] (c) licences to any person incharge of a restaurant car attached to a railway train to possess liquor and serve it to bonafide passengers travelling by the train; 5[(d) licences to any person to possess liquor and issue it to persons or institutions who hold permits or licences under this Act, or who have been exempted under this Act from so much of the provisions of section 4, sub-section (1), 6[clause (a), (aa), (aaa) or (j)] as relates to the possession, consumption of buying of liquor.] 1 Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. 2 Substituted by Tamil Nadu Act 12 of 1990. 3 Clause (b) was omitted and clauses (c) and (d) were re-lettered as clauses (b) and (c) respectively by Tamil Nadu Act XVII of 1938. 4 The word and was omitted by Tamil Nadu Act XII of 1948. 5 Substituted by Tamil Nadu Act XLVI of 1949 for clause (d) which was added by Tamil Nadu Act XII of 1948. 6 Substituted by Tamil Nadu Act 57 of 1998. 20A. Matters To Be Taken Into Consideration By The Licensing Authority :- 1Subject to the provisions of section 20-B, in considering an application for the grant of a licence or permit under this Act, the authority competent to grant such licence or permit, as the case may be, shall have regard to the following matters, namely :-- (a) the suitability of the applicant for the grant of licence or permit, as the case may be; 2[***] (c) such other matters as may be prescribed. 3[Explanation.-- It is hereby declared that, in judging the suitability of the applicant for the grant of licence or permit, as the case may be, the authority competent to grant such licence or permit shall have regard to the following factors, namely :-- (a) solvency of the applicant; (b) whether the 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 and conditions of any licence or permit granted under the provisions of this Act or of any rule made thereunder; (c) whether the applicant has been convicted of any offence punishable under this Act or of any cognisable and non-bailable offence or of any offence under the Dangerous Drugs Act, 1930 (Central Act II 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 XLV of 1860); (d) whether the applicant carries on any other business which is likely to prevent him from giving his due attention to the purpose for which the licence or permit under this Act is sought for; (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 or of any taxes or other amounts due to the State Government; (f) any other matter relevant to the purpose for which the licence or permit under this Act is sought for.] 1 Sections 20-A and 20-B were inserted by Tamil Nadu Act I of 1975. 2 Clause (b) was omitted by Tamil Nadu Act 42 of 1982. 3 Explanation was added by Tamil Nadu Act 42 of 1982. 20B. Co-Operative Societies To Be Given Preference :- Where any co-operative society registered or deemed to have been registered under any law in force for the time being, makes an application for the grant of a licence under clause (d) 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. 20C. Licence For Possession And Use Of Denatured Spirit In The Manufacture Of Specified Commodities, Etc :- 1Notwithstanding 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 Government 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 manufacturers of spirit based products who are registered with the Director-General of Technical Development, Government of India or the Director of Industries and Commerce, 2[Chennai]; (ii) for the possession and sale, whether wholesale or retail, or denatured spirit or of Varnish (French Polish) except to the units of any department of the State Government 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 force for the time being. 1 Section 20-C was inserted by Tamil Nadu Act 32 of 1978. 2 Substituted for the word "Madras" by Tamil Nadu Act 28 of 1996. 21. Form And Conditions Of Licences And Permits :- Every licence or permit granted under sections 6-A, 1[17-B, 17-C, 18, 19 2(***) or 20] shall -- (1) be granted on payment of such fees, if any, for such period, and subject to such restrictions and limitations and 3[on such terms and conditions including -- (a) the condition 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 of the whole or part of the sum so deposited for contravention of any term or condition on which the licence or permit has been granted; (c) the condition for the replenishment of the sum so forfeited within such time as may be prescribed; and] (2) be in such form and contain such particulars as the 4[State] Government may direct either generally or in any particular case. 1 This expression was substituted by Tamil Nadu Act 23 of 1981. 2 Omitted by Tamil Nadu Act 33 of 1986. 3 Substituted by Tamil Nadu Act 68 of 1986. 4 Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. 21A. Power To Prescribe Limit Of Wastage Or Shortage Of Spirits :- 1The State Government may with a view to prevent or check the misuse of spirits, prescribe the limit of -- (a) wastage of spirits in the distillery, blending unit, brewery or ware-house licensed or established under this Act; or (b) shortage of spirits in transport: Provided that different limits may be prescribed for different varieties of spirits]. 1 Section 21-A was inserted by Tamil Nadu Act 68 of 1986. 22. Section 22 :- 23. Power To Cancel Or Suspend Licences And Permits :- (1 ) 1[The State Government or the Collector or the prescribed authority, as the case may be,] may cancel or suspend any such licence or permit -- (a) if any fee payable by the holder thereof be 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 any one acting with his express or implied permission on his behalf, of any of the terms or conditions of such licence or permit; or (c) if the holder thereof is convicted of any offence against this Act, or of any cognizable and non-bailable offence; or 2[(cc) if the holder thereof has furnished false or incorrect information in connection with the obtaining or renewal to such licence or permit; or] (d) if the conditions of such licence or permit provide for its cancellation or suspension at will; or (e) if the purpose for which the licence or permit is granted ceases to exist. 3[(2) The State Government may cancel or suspend any such licence or permit 4[issued by Collector or the prescribed authority] for any of the aforesaid reasons. (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 an opportunity to state his objection within a reasonable time, not ordinarily exceeding fourteen days, and any representation made by him in this behalf shall be duly taken into consideration before final orders are passed]. 5[(4) Notwithstanding anything contained in sub-section (3) in so far as it relates to suspension of any such licence or permit, where a prima facie case has been made out, the State Government or the Collector or the prescribed 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 a case, it shall not be necessary to give an opportunity to the holder of the licence or permit to state his objections]. 1 Substituted by Tamil Nadu Act 23 of 1981. 2 Inserted by Tamil Nadu Act 68 of 1986. 3 Sub-section (2) and (3) were substituted for the original sub- section (2) by Tamil Nadu Act VIII of 1958. 4 Substituted by Tamil Nadu Act 23 of 1981. 5 Sub-section (4) was added by Tamil Nadu Act 51 of 1981. 23A. Licence For Possession And Sale Or Issue Of Bottled Liquor To Cease :- 1[ (1) Every licence for possession and sale or issue of bottled liquor under the Madras Liquor (Licence and Permit) Rules, 1960, shall cease to be in force on the expiry of the 30th day of September 1981 : Provided that such cessor shall not affect the previous operation of-- (i) the said licence; and (ii) anything done or any action taken in pursuance of the said licence; and (iii) every proceeding by way of investigation or otherwise made or taken by the State Government or other authority in respect of the said licence and any such proceeding shall be continued or enforced as if this sub-section had not been enacted. (2) Every person who held the licence which has ceased to be in force under sub- section (1) may apply for the grant of privilege and licence under the Tamil Nadu Indian-Made Foreign Spirits (Supply by Wholesale) Rules, 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 possession of any holder of a licence which has ceased to be in force under sub-section (1)]. 1 Section 23-A was inserted by Tamil Nadu Act 51 of 1981. 23B. Licences Granted For Selling Indian-Made Foreign Spirits To Cease To Be Valid :- (1) 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 licence granted in respect of any privilege of selling, by retail, Indian-made foreign spirits shall cease to be valid on the expiry of the 31st day of May 1992 : Provided that nothing contained in this sub-section shall affect any liability in respect of such privilege incurred before the 1st day of June 1992. (2) The State Government may make rules for the refund of the proportionate fee and for the disposal of the unsold stock of Indian-made foreign spirits 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 for selling, by retail, Indian-made foreign spirits and pending before the State Government or before the Commissioner or any authority on the 12th day of May 1992 and every action taken or enquiry made in respect of such application, shall abate and all fees in connection with such application (including the application fee and the licence fee, if any) already paid shall be refunded]. 1 Section 23-B was inserted by Tamil Nadu Act 47 of 1992. 24. Penalty For Breach Of The Condition Of Licence And Permits :- In the event of any breach by the holder of such licence or permit or by his servants or by any one acting with his express or implied permission on his behalf, of any of the terms or conditions of such licence or permit, such holder shall, in addition to the cancellation or suspension of the licence or permit granted to him, 1[be punished with 2[***] imprisonment] for a term which may extend to three years, and with fine which may extend to three thousand rupees. 3[***] 1 Substituted by Tamil Nadu Act 9 of 1979. 2 The word rigorous was omitted by Tamil Nadu Act 2 of 1989. 3 Proviso was omitted by ibid. 24A. Punishment For Adulteration, Etc., By Licensed Vendor Or Manufacturer :- 1[ Whoever, being the holder of licence or permit for the sale or manufacture of liquor under this Act, 2[or whoever being an employee of the Tamil Nadu State Marketing Corporation Limited 2[***] - 4[***] (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 into intoxicating quality or strength, when such admixture shall not amount to the offence of adulteration under section 272 of the Indian Penal Code (Central Act XLV of 1860); or (ii) any illicit liquor; or 5[(aa) ***] 6[(b) ****] (c) sells or keeps or exposes for sale, -- (i) as foreign liquor, liquor which he knows or has reason to believe to be liquor other than foreign liquor; or 7[(i-a) as Indian-made foreign spirits, liquor which he knows or has reason to believe to be liquor other than Indian-made foreign spirits; or] (ii) as illicit liquor, liquor which he knows or has reason to believe to be illicit liquor; or (d) dilutes or permits to be diluted any liquor sold or manufactured by him with any matter whatsoever; or (e) makes the cork of any bottle or any bottle, case, package or other receptacle containing 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 the intention of causing it to be believed that such bottle, case, package or other receptacle contains foreign 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 Penal Code (Central Act XLV of 1860); or (f) 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 intention of causing it to be believed that such bottle, case, package or other receptacle contains foreign liquor, when such act shall not amount to the offence of selling goods marked with a counterfeit trade mark under section 486 of the Indian Penal Code (Central Act XLV of 1860) shall be punished with imprisonment for a term which may extend to three years and with fine which may extend to three thousand rupees. 8[***] 1 Sections 24-A and 24-B were inserted by Tamil Nadu Act 23 of 1981. 2 Inserted by Tamil Nadu Act 29 of 1985. 3 Omitted by Tamil Nadu Act 14 of 1993. 4 Omitted by Tamil Nadu Act 33 of 1986. 5 Omitted by Tamil Nadu Act 14 of 1993. 6 Omitted by Tamil Nadu Act 33 of 1986. 7 This item was inserted by Tamil Nadu Act 33 of 1986. 8 Proviso was omitted by Tamil Nadu Act 2 of 1989. 24B. Offences 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 company, 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 person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a company and it is proved that the offence, has been committed with the consent or connivance of, or it attributable to, 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 of that offence and shall be, liable to be proceeded against and punished accordingly. Explanation.-- For the purposes of this section,-- (a) company means any body corporate and includes a firm or other association of individuals, and (b) director in relation to a firm means a partner in the firm]. 24C. Penalty For Furnishing False Or Incorrect Information :- 1[Whoever, being the holder of any licence or permit in respect of liquor under this Act, furnishes any information in connection with the obtaining or renewal of licence or permit under this Act, which is either false or which he knows or has reason to believe to be incorrect, shall in addition to the cancellation or suspension of the licence or permit granted to him in respect of such liquor, be punished with 2[***] imprisonment for a term which may extend to three years and with fine which may extend to two thousand rupees. 1 Section 24-C was inserted by Tamil Nadu Act 1 of 1986. 2 The word "rigorous" was omitted by Tamil Nadu Act 2 of 1989. 24D. Power To Compound Offences :- 1[ (1) Any Prohibition Officer specially empowered by the State Government in this behalf may accept, from any person who has committed or is reasonably suspected of having committed an offence under this Act or the rules made thereunder other than 2[the offence under clauses (aaa), (b), (f), and (h) of sub-section (1), and offence punishable under sub-section (1-A) of section 4 and offences under section 6 and section 52-E] by way of composition of such offence a sum of money not exceeding 3[ten thousand rupees but not less than one thousand rupees]. (2) On payment of such sum of money to such officer, the accused person, if in custody, shall be discharged and no further proceedings in respect of the offence shall be taken against such person. 1 Section 24-D was inserted by ibid. 2 Substituted by Tamil Nadu Act 57 of 1998. 3 Substituted by ibid. CHAPTER 4 ESTABLISHMENT AND CONTROL 25. Appointment Of Officers And Withdrawal Of Powers :- The 1[State] Government may, from time to time, by notification, - - (a) appoint an officer to exercise all the powers of a Collector under this Act in all local areas in which it is in force and to have the control of the administration of the provisions of this Act in such areas; (b) appoint any person other than the Collector of land revenue to exercise within a district all or any of the powers and to perform all or any of the duties of a Collector under this Act, either concurrently with or in exclusion of the Collector of land revenue, subject to such control as the 1[State] Government may, from time to time, direct; (c) withdraw from the Commissioner or the Collector of land revenue any or all of the powers conferred on him by this Act; ( d ) appoint paid or honorary officers with such designations, powers and duties as the 1[State] Government may think fit; (e) order that all or any of the powers and duties assigned to any person under clause (d) shall be exercised and performed by any existing Government official or any other person; and (f) delegate to any Prohibition Officer all or any of their powers under this Act. 1 Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. 25A. Delegation Of Powers Of State Government :- 1[ (1) The State Government may, by notification, authorize the Commissioner or any other officer sub-ordinate to them to exercise any of the powers vested in them under this Act except the power to make rules and to issue notifications. (2) The exercise of any power delegated under sub-section (1) shall be subject to such restrictions and condition as may be specified in the notification and subject also to control and revision by the State Government.] 1 Section 25-A was inserted by Tamil Nadu Act 23 of 1981. 26. Prohibition Committees :- 1(1) The State Government may, for the whole of the 2[State of Tamil Nadu] and the Collector of a district may, for such area in the district as the State Government may, by general or special order, determine in this behalf, constitute prohibition committees to assist them or him in carrying out the objects of this Act. (2) Every member of a prohibition committee shall observe the working of this Act and report thereon and on every matter connected therewith 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 in 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 commission 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 3[Code of Criminal Procedure, 1973 (Central Act 2 of 1974)]. 1 Substituted for the original section 26 by Tamil Nadu Act VIII of 1958. 2 Substituted for the expression "State of Madras" by the Tamil Nadu Adaptation of Laws Order, 1969. 3 Substituted by Tamil Nadu Act 9 of 1979. 27. Power Of State Government To Authorize Officers To Admit Persons Arrested To Bail :- The 1[State] Government may, by notification, and subject to such conditions as may be prescribed in such notification, empower all or any of the officers or classes of officers or person mentioned in section 32 through out the 1[State] or any local area, to admit a person arrested under that section to bail to appear, when summoned or otherwise directed, before a Police or Prohibition Officer or Magistrate having jurisdiction to enquire into the offence for which such person has been arrested, and may cancel or vary such notification. 1 Substituted for the word Province" by the Adaptation of Laws Order, 1950. CHAPTER 5 POWERS, DUTIES AND PROCEDURE OF OFFICERS, ETC 28. Issue Of Search Warrants :- If any Collector, Prohibition Officer or Magistrate, upon information obtained and after such inquiry as he thinks necessary, has reason to believe that an offence under sub-section (1) of section 4 has been committed, he may issue a warrant for the search for any liquor, intoxicating drug materials, still, utensil, implement or apparatus in respect of which the alleged offence has been committed. Any person who has been entrusted with the execution of such a warrant may obtain and search, and if he thinks proper, arrest any person found in the place searched, if he has reason to believe such person to be guilty of any offence under this Act: Provided that every person arrested under this section shall be admitted to bail by the person arresting, if sufficient bail be tendered for his appearance either before a Magistrate or before a Police or Prohibition Officer, as the case may be. Before issuing such warrant the Collector, Prohibition Officer or Magistrate shall examine the information oath and the examination shall be reduced in writing in a summary manner and be signed by the informant and also by the Collector, Prohibition Officer or Magistrate. 29. Powers Of Entry And Search Without Warrant :- Whenever a Collector, any Prohibition Officer not below such rank as the 1[State] Government may determine, any Police Officer not below the rank of Sub-Inspector, any Officer in-charge of a police station, or any other paid or honorary officer authorized by the 1[State] Government in this behalf has reason to believe that an offence under sub-section (1) of section 4 has been committed and that the delay occasioned by obtaining a search warrant under section 28 will prevent the execution thereof, he may, after recording his reasons and the grounds of his belief, at any time by day or night enter and search any place and may seize anything found therein which he has reason to believe to be liable to confiscation under this Act; and may detain and search and, if he thinks proper, arrest any person found in such place whom he has reason to believe to be guilty of any offence under this Act: Provided that every person arrested under this section shall be admitted to bail by such officer as aforesaid, if sufficient bail be tendered for his appearance either before a Magistrate or before a Police or Prohibition Officer, as the case may be. 1 Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. 30. Power Of Entry And Inspection :- 1The Collector, any Prohibition Officer not below such rank as the State Government may determine or any Police or other paid or honorary officer authorized by the State Government in this behalf, may enter and inspect at any time by day or by night, any place in which it is reasonably suspected-- (a) that any toddy is drawn, or the manufacture of any other liquor or of any intoxicating drug is carried on; or (b) that any liquor or intoxicating drug is kept for sale or stored; or (c) that an offence under 2[****] section 5 has been, or is being committed; and may examine, test, measure or weigh any material still, utensil, implement, apparatus, liquor or intoxicating drug found in such place.] 1 Substituted for original section 30 by Tamil Nadu Act XXXI of 1951. 2 The expression "section 4-A" was omitted by Tamil Nadu Act VIII of 1958. 31. Power To Use Force In Case Of Resistance To Entry :- If any officer empowered to make an entry under sections 28, 29 or 30 cannot otherwise make such entry, it shall be lawful for him to break open any outer or inner door or window and to remove any other obstacles to his entry into any such place. 32. Arrest Of Offenders And Seizure Of Contraband Liquor And Articles Without Warrant :- Any Prohibition Officer, any officer of the Police or Land Revenue Departments, and any other person authorized in that behalf-- (a) may arrest without warrant any person found committing an offence punishable 1[under section 4, sub-section (1) 2[***], or section 5 3[or section 7 or section 24 or any offence punishable with rigorous imprisonment for three years and upwards]; (b) may seize and detain any liquor, drug or other article which he has reason to believe to be to confiscation under this Act; and (c) may search any person, vessel, vehicle, animal 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 27 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 sufficient bail be tendered for his appearance before a Police or Prohibition Officer or Magistrate having jurisdiction to inquire into the case : 4[Provided further that where any toddy or wash or any sonti soru is seized under this section by any officer or person, such officer 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 jurisdiction to inquire into the case 5(***). 6[Provided also that where any 7[illicit arrack] is seized under this section by any officer or person, such officer or person may, in the presence of a Prohibition Officer or any Police Officer not below the rank of Inspector, -- (i) take two samples of the 7[illicit arrack] or such quantity and in such manner as may be prescribed, and (ii) destroy or cause to be destroyed the 7[illicit arrack] and send the pots or other receptacles in which the 7[illicit arrack] was kept together with the samples taken and a certificate from the Officer in whose presence the samples were taken and the 7[illicit arrack] was destroyed, as to the total quantity of 7[illicit arrack] seized, t h e total quantity taken as samples and the total quantity destroyed, to the Magistrate having jurisdiction to inquiry into the case. The Magistrate shall, upon the receipt of the samples, retain one in his court and send the other to such Officer as may be prescribed for chemical analysis.] Explanation.-- For the purposes of this section, -- "sonti soru" means a liquid prepared from rice or starch which is in the process of vinous or alcoholic fermentation or in which such fermentation has ceased; and "wash" means a mixture of water and saccharine materials which is in the process of vinous or alcoholic fermentation or in which such fermentation has ceased. 1 Substituted for the expression "under sub-section (1) of section 4" by Tamil Nadu Act XXXI of 1951. 2 The expression "section 4-A" was omitted by Tamil Nadu Act VIII of 1958. 3 Added by Tamil Nadu Act 9 of 1979. 4 Added by Tamil Nadu Act VIII of 1958. 5 Omitted by Tamil Nadu Act 9 of 1979. 6 Proviso was inserted by Tamil Nadu Act 51 of 1981. 7 Substituted by Tamil Nadu Act 14 of 1993. 32A. Establishment Of Checkpost Or Barrier And Inspection Of Liquor While In Transit, Etc :- 1[(1) If the State Government consider that with a view to prevent or check the import, export, transport or transit of liquor without obtaining a licence or permit as required under the provisions of this Act, it is necessary so to do, they may, by notification, direct the setting up of check post or the erection of barrier or both, at such place or places as may notified. (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-charge of the checkpost or barrier or any other officer empowered by the State Government in this behalf, the driver or any other person in-charge of any animal, vessel, cart or other vehicle, as the case may be, and keep it stationery so long as may reasonably be necessary and allow the Prohibition Officer or officer in-charge of the checkpost, or barrier or the Officer empowered as aforesaid to inspect the licence or permit obtained under the provisions of this Act. (3) Any Prohibition Officer or any other officer specially empowered in this behalf, may at any place require the driver or any other person in-charge of any animal, vessel, cart or other vehicle who imports, exports, transports or transits the liquor to stop the animal, vessel, cart or other vehicle or keep it stationery so long as may reasonably be necessary for the purpose of satisfying himself that a licence or permit has been duly obtained in respect of such import, export, transport or transit of liquor and the conditions of such licence or permit and the provisions of this Act and the rules 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 has been obtained and the provisions of this Act and the rules made thereunder or the notification or order issued thereunder are complied with, the said officer shall release the animal, vessel, cart or other vehicle with the liquor carried, or (b) that the licence or permit as required under the provisions 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 making 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 required, give his name and address and the name and address of the owner of the animal, vessel, cart or other vehicle as well as those of the consignor and consignee, if any, of the liquor carried on such animal or in such vessel, cart or other vehicle, as the case may be. (6) The driver of vessel, cart or other vehicle, shall, on demand by the said officer, produce for inspection his driving licence. (7) If it appears to the said officer that the driver or the person in-charge 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 vessel or of the consignor or of the consignee, if any, of the liquor carried on such animal or in 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.] 1 Section 32-A was inserted by Tamil Nadu Act 2 of 1983. 33. Arrest Of Person Refusing To Give Name Or Giving False Name :- A n y person who may be accused or reasonably suspected of committing an offence against this Act and who on demand made by any Prohibition Officer or any officer of the Police or Land Revenue Departments or by any other person authorized in that behalf refuses to give his name and residence or who gives a name or residence which such officer or person has reason to believe to be false, may be arrested by such officer or person in order that his name and residence may be ascertained. 34. Searches How To Be Made :- All searches under the provisions of this Act shall be made in accordance with the provisions of the 1[Code of Criminal Procedure, 1973 (Central Act 2 of 1974)]. 1 Substituted by Tamil Nadu Act 9 of 1979. 35. Duty Of Officials Of All Departments And Local Bodies To Assist :- Officials of all departments of the 1[State] Government and of all local bodies shall be legally bound to assist any Prohibition or Police Officer in carrying out the provisions of this Act. 1 Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. 36. Offences To Be Reported, Etc :- Every official employed by the 1[State] Government or by any local body, other than a Police or Prohibition Officer, shall be bound to give immediate information at the nearest police station or to a Prohibition Officer of all breaches of any of the provisions of this Act which may come to his knowledge; and all such officials shall be bound to take all reasonable measures 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 be committed. 1 Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. 37. Land Holders And Others To Give Information :- All zamindars, proprietors, tenants, under-tenants and cultivators who own or hold land or house property on or in which there shall be any tapping for toddy or manufacture of liquor or intoxicating drugs shall, in the absence of reasonable excuse, be bound to give notice of the same to a Magistrate or to a Prohibition Officer or to an officer of the Police or Land Revenue Departments immediately the same shall have come to their knowledge. 38. Persons Arrested How To Be Dealt With :- (1) When any person is arrested under the provisions of sections 28, 29, 32 or 33, the person arresting him shall, unless bail shall have been accepted under the provisions of sections 28, 29 or 32, forthwith forward him to the nearest police station or to a Prohibition Officer, with a report of the circumstances under which such arrest was made. (2) Procedure of police station Officer.-- On any such person being brought to a police station as aforesaid, the officer in-charge thereof shall either admit him to bail to appear when summoned, before himself, or before the Prohibition Officer, if any, or any Police Officer within the limits of the jurisdiction of which Prohibition or Police Officer the offence, with which he is charged is suspected to have been committed, or in default of bail, shall forward him in custody to such officer. (3) Procedure of Police or Prohibition Officer empowered to enquire.-- On any such person being brought in custody before a Prohibition or Police Officer as aforesaid or appearing before such officer on bail or when such officer as aforesaid has himself made the arrest, such Officer shall hold such enquiry as he may think necessary and shall either release such person or forward him, in custody to, or admit him to bail to appear 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, he shall if sufficient bail be tendered for the appearance of the person arrested, admit such person to bail to appear on any subsequent day before himself or any other officer having jurisdiction to inquire into the case. 39. Persons Arrested To Be Admitted To Bail :- It shall be the duty of any officer arresting any person under the powers conferred by section 28 or 29 and of any officer in-charge of a police station or any Police or Prohibition Officer before whom a person arrested is brought or appears under the 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. Bond Of Accused And Sureties :- (1) Before any person is released on bail, a bond in such sufficient but no excessive sum of money as the officer admitting him to bail thinks proper shall be executed by such person and by one or more sureties, conditioned that such person shall attend in accordance with the terms of the bond and shall continue to attend until otherwise directed by the Police or Prohibition Officer before whom he was bailed to attend, or by the Magistrate, as the case may be : Provided that the officer admitting any such person to bail, may, in his discretion, dispense with the requirement of a surety or sureties to the bond executed by such person. (2) The 1[State] Government shall, from time to time, determine the form of the bond to be used in any local area. 1 Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. 41. Procedure In Case Of Default Of Person Admitted To Bail To Appear Before Prohibition Officer :- When by reason of default of appearance of a person bailed to appear before a Police or Prohibition Officer, such officer is of opinion that proceeding should be had to compel payment of the penalty or penalties mentioned in the bond of the person bailed or of the surety or sureties, he shall forward the bond to the Magistrate having jurisdiction to inquire into or try the offence of which the person bailed was accused, and the Magistrate shall proceed to enforce the payment of the penalty or penalties in the manner provided by the 1[Code of Criminal Procedure, 1973 (Central Act 2 of 1974)] for the recovery of penalties in the like case of default or appearance by a person bailed to appear before his own Court. 1 Substituted by Tamil Nadu Act 9 of 1979. 41A. Obtaining Of Medical Certificates In The Case Of Persons Found In A State Of Intoxication :- 1[ (1) Any officer authorized to arrest a person for an offence punishable under section 4(1)(j) in so far as it relates to consumption of liquor or any intoxicating drug who has reason to believe that any person has consumed liquor or any intoxicating drug, may produce such person for examination, before any medical officer authorised by the State Government and request the medical officer to furnish a certificate on his finding whether such person has consumed any liquor or intoxicating drug or is in a state of intoxication or not. (2) Any medical officer before whom such person is produced shall be bound to examine such person and furnish to the officer by whom such person has been produced a certificate as to the state of such person, and if any form has been prescribed for the purpose, in such form. (3) If the person produced is a woman, the examination shall be carried out by a woman medical officer authorized by the State Government. (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 any person who under this section is required to undergo medical examination resists or refuses to allow himself to be produced before or to be examined by the medical officer, it shall be lawful to use all means necessary to secure the production and examination of such person. (6) Resistance to production or refusal to allow examination under this section shall be deemed to be an offence under section 186 of the Indian Penal Code (Central 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 to allow himself to be examined by such medical officer. (8) Any document purporting to be a certificate signed by a medical officer authorized by the State Government may be used as evidence of the facts stated therein in any proceeding under this Act or under sections 272 to 276 of the Indian Penal Code (Central Act XLV of 1860) but the court may at the instance of the accused order the attendance for cross examination of the medical officer who issued the certificate. 1 Inserted by Tamil Nadu Act VIII of 1958. 41B. Presumption That The Liquor Consumed Is An Illicit Variety :- 1[ Where in any trial of an offence punishable under section (4)(1)(j), it is proved that a person has consumed liquor or any intoxicating drug, it shall be presumed, until the contrary is proved, that such liquor or intoxicating drug is an illicit variety.] 1 Inserted by Tamil Nadu Act 9 of 1979. 42. Power Of Police Or Prohibition Officer To Summon Witnesses :- Any Police or Prohibition Officer holding an inquiry in the manner provided in section 38 may summon any person to appear before himself to give evidence on such inquiry or to produce any document relevant thereto which may be in his possession or under his control: Provided that no such officer shall so summon any person to appear before him if the journey to be made for complying with such summons exceeds ten miles by road or fifty miles by rail or such other limits as the 1[State] Government may fix. 1 Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. 43. Terms Of Summons :- 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 shall him to appear before the said officer at a stated time and place. 44. Examination Of Witnesses :- Persons so summoned shall attend as required and shall answer all questions relating to such inquiry put to them by such officer. Such answer shall be reduced to writing and shall be signed by such officer. 45. When Attendance Of Witness Be Dispensed With And Procedure In Such Cases :- It shall be lawful for a Police or a Prohibition Officer, instead of summoning to appear before him any person who, from sickness or other infirmity, may be unable so to do, or whom by reason or rank or sex, it may not be proper to summon, to proceed to the residence of such person and thereto require him to answer such questions as he may consider necessary with respect to such inquiry; and such person shall be bound so to answer accordingly, and the provisions of section 44 shall apply to such answers. 46. Power Of Police Or Prohibition Officer To Summon Suspected Persons :- Any Police or Prohibition Officer may after recording his reason in writing, summon any person to appear before him whom he has good reason to suspect of having committed an offence under this Act. On such person appearing before such officer, the procedure prescribed by sections 38 to 45 shall become applicable. The officer may also, if he considers it necessary for the investigation of the case, exercise the powers conferred by sections 42 to 45 before summoning the persons suspected. 47. Law Relating To Criminal Courts As To Summoning Of Witnesses To Apply :- The law for the time being in force as to summonses and compelling the attendance of persons summoned in criminal courts shall, so far as the same may be applicable, apply to any summons issued by a police or Prohibition Officer and to any person summoned by him to appear under the provisions of this Act. 48. Report Of Police Or Prohibition Officer To Give Jurisdiction To Competent Magistrate :- When a Police or Prohibition Officer forwards in custody any person accused of an offence under this Act to the Magistrate having jurisdiction to inquire into or try the case, or admits any such person to bail to appear before such Magistrate, such 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 1[Code of Criminal Procedure, 1973 (Central Act 2 of 1974)]. 1 Substituted by Tamil Nadu Act 9 of 1979. 49. Powers Of Police And Prohibition Officers To Cause Attendance Of Witnesses Before Magistrate :- When a Police or Prohibition Officer forwards in custody any person accused of an offence against this Act to the Magistrate having jurisdiction to inquire into to try the case or admits him to bail to appear before such Magistrate, such officer shall exercise all the powers conferred by the 1[Code of Criminal Procedure, 1973 (Central Act 2 of 1974)]. On an officer in-charge of a police station in respect to causing the appearance before such Magistrate of such persons acquainted with the facts and circumstances of the case as he considers it necessary, then such Magistrate shall examine as witnesses for the prosecution of such case. 1 Substituted by Tamil Nadu Act 9 of 1979. 50. Procedure After Arrest :- 1Any person arrested for an offence under this Act shall be informed, as soon as may be, of the grounds for such arrest and shall be produced before the nearest Magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the Court of the Magistrate; and no such person shall be detained in custody beyond the said period without the authority of a Magistrate]. 1 Substituted for the original section 50 by the Adaptation (Amendment) Order of 1950. 51. Police To Take Charge Of Articles Seized :- 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 superior officer, 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-charge of the police station. 52. Power Of District Magistrate To Transfer Cases :- The District Magistrate shall have power to transfer any case under this Act pending inquiry or trial before any Magistrate or Officer in the district to any other Magistrate or Officer therein. 52A. Security For Abstaining From Commission Of Certain Offences :- 1[ (1) Whenever any person is convicted of an offence punishable under 2[clause (a)], 3[clause (aa), clause (aaa)], clause (b), clause (c), clause (e), clause (f), clause (g), clause (h), clause (i), clause (jj) of section 4(1) and the court convicting him of opinion that such person habitually commits or attempts to commit, or abets the commission 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 sentence on such person, order him to execute a bond for a sum, proportionate to his means, with or without sureties, for abstaining from the commission of such offence during such period, not exceeding three years as it thinks fit to fix. (2) The bond shall be in the form contained in Schedule II, and the provisions of the 4[Code of Criminal Procedure, 1973 (Central Act 2 of 1974)] shall in so far as they are applicable, apply to all matters connected with such bond as it if were a bond to keep the peace ordered to be executed under section 106 of that Code. (3) If the conviction is set aside on appeal or otherwise, the bond so executed shall become void. (4) An order under this section may also be made by an Appellate Court or by the High Court when exercising its power of revision. 1 Sections 52-A to 52-D were inserted by Tamil Nadu Act VIII of 1958. 2 Substituted by Tamil Nadu Act 9 of 1979. 3 Inserted by Tamil Nadu Act 57 of 1998. 4 Substituted by Tamil Nadu Act 9 of 1979. 52B. Power To Release Certain Offender Of Prohibition On Good Conduct :- (1) Notwithstanding anything contained in the 2[Code of Criminal Procedure, 1973 (Central Act 2 of 1974) or the Probation of Offenders Act, 1958 (Central Act 20 of 1958)] when any person is found guilty of-- (a) any offence punishable under 1[section 6]; or (b) the commission, attempt to commit, or abetment of the commission of any of the acts making up any such offence as is referred to in clause (a) when such commission, attempt or abetment is punishable under section 12; 3[***]. (c) 3[***] and no previous conviction for any offence under this Act is proved against him, the court by which he is found guilty may, instead of sentencing him at once to any punishment release him on his entering into a bond, with atleast one surety to appear and receive sentence when called upon at any time 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 occupation 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 (1) is under twenty-four years of age, the Court may make a supervision of such probation officer appointed under the 4[Probation of Offenders Act, 1958 (Central Act 20 of 1958)] as may be named in the order during the period specified therein and imposing such other conditions for securing such supervision as may be specified in the order : Provided that the period so specified shall not extend beyond the date on which, in the opinion of the court, the offender will attain the age of twenty-five years. (3) A court making a supervision order under sub-section (2) shall require the offender, before he is released to enter into a bond, with atleast one surety, to observe the conditions specified in such order and such additional conditions with respect to residence, abstention from intoxicants and any other matters as the court may having regard to the particular circumstances of the case, consider fit to impose for preventing a commission of any offence under this Act by the offender. (4) A court making a supervision order shall furnish 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 may be made by any Appellate Court or by the High Court when exercising its powers of revision. 1 Substituted by Tamil Nadu Act 9 of 1979. 2 Substituted by ibid. 3 Omitted by ibid. 4 Substituted by Tamil Nadu Act 9 of 1979. 52BB. Person Not To Be Released On Probation :- Except as provided in section 52-B, not withstanding 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 Substituted by Tamil Nadu Act 9 of 1979. 52C. Procedure In Case Of Offender Failing To Observe Condition Of Bond :- (1) If the court before which the offender is bound by his bond under section 52-B to appear for sentence when called upon, or any court which could have dealt with the offender in respect of his original offence, has reason to believe that the offender has failed to observe any of the conditions of the bond executed by him, it may issue 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 atleast one surety, to appear on the date of hearing. (3) If the court after hearing the case is satisfied that the offender has failed to observe any of the conditions 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 revision. 52D. Provision As To Bonds :- The provisions of sections 1[121, 123, 124, 373, 446, 447, 448 and 449 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974)] shall, so far as may be, apply in the case of sureties given under this act. 1 Substituted by ibid. 52E. Removal Of Persons Convicted Of Certain Offences :- 1[ (1) When any person having been previously convicted thrice or more -- (i) of an offence falling under clause (a), 2[clause (aa), clause (aaa)], 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) 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 3[***] imprisonment on such person, also by order direct such person to remove himself after the expiry of such sentence outside the City of 4[Chennai] or any district in mofussil or other area specified in such order. (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. (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 himself from any area -- (i) fails to remove himself as directed; or (ii) having so removed himself, except with the permission in writing of the court mentioned in sub-section (1) enter the area within the period specified in 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. (7) Any person who is guilty of the breach of any order passed under sub-section (1) or if any of the conditions or restrictions specified in such order shall be punished with 5[***] imprisonment which may extend to three years or with fine, or with both]. 1 Inserted by ibid. 2 Inserted by Tamil Nadu Act 57 of 1998. 3 The word "rigorous" was omitted by Tamil Nadu Act 2 of 1989. 4 Substituted for the word "Madras" by Tamil Nadu Act 28 of 1996. 5 The word "rigorous" was omitted by Tamil Nadu Act 2 of 1989. 53. Operation Of The [Code Of Criminal Procedure, 1973] :- 1[Save as expressly provided in this Act, nothing contained therein] shall affect the operation of the 2[Code of Criminal Procedure, 1973 (Central Act 2 of 1974)]. 1 Substituted by Tamil Nadu Act 9 of 1979. 2 Substituted for the words "Nothing contained in this Act" by Tamil Nadu Act VIII of 1958. 53A. Prohibition Officer Deemed To Be Police Officer For Certain Purposes :- 1[ A Prohibition Officer shall be deemed to be a Police Officer within the meaning and for the purposes of section 125 of the Indian Evidence Act, 1872 (Central Act I of 1872)]. 1 Section 53-A was inserted by Tamil Nadu Act XLV of 1949. CHAPTER 6 RULES AND REGULATIONS 54. Power To Make Rules :- (1) The 1[State] Government may make rules for the purpose of carrying into effect the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing provision, the 1[State] Government may make rules- 2[(a) for the issue of licences and permits and the enforcement of the conditions thereof; (aa) prescribing the penalty for wastage or shortage of spirits in excess of the prescribed limits at such rate not exceeding 3[sixteen rupees per proof litre]. (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; 4[(bb) prescribing the ways in which the duty under section 18-A may be levied;] (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 to exercise any power or perform any duty under this Act; (e) prescribing the powers and duties of prohibition committees and the members thereof and the intervals at which the member of such committees shall make their reports; (f) regulating the delegation by the Commissioner or by Collectors or other district officers of any powers conferred on them by or under this Act; (g) regulating the cultivation of the hemp plant, the collection of those portions of such plant from which intoxicating drugs can be manufactured and the manufacture of such drugs therefrom; (h) declaring how denatured spirit shall be manufactured; (i) declaring in what cases or classes of cases and to what authorities appeals shall lie from orders, whether original or appellate, passed under this Act or under any rule made thereunder, or by what authorities such orders may be revised, and prescribing the time and manner of presenting appeals, and the procedure for dealing therewith; (j) for the grant of batta to witnesses, and of compensation for loss of time to persons released under sub-section (3) of section 38 on the grounds that they have been improperly arrested, and to persons charged before a Magistrate with offences under this Act and acquitted; (k) regulating the power of Police and Prohibition Officers to summon witnesses from a distance under section 42; 5(***). (l) for the disposal of articles confiscated and of the proceeds thereof; 6[(m) for the prevention of the use of the medicinal or toilet preparations 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 collection of duty on all kinds of liquor or drugs; 7[(nn) for exemption from, or suspension of, the operation of any rule made under this Act;] (o) for all matters expressly required or allowed by this Act to be prescribed.] 8[(2-A). A rule or notification under this Act may be made or issued so as to have retrospective effect on and from a date not earlier than,-- (i) the 1st September 1973, in so far as it relates to toddy; and (ii) the 1st September 1974, in so far as it relates to any liquor other than toddy;] 9[(iii) the 1st May 1981, in so far as it relates to the matters dealt with in sections 17-B, 17-C, 17-D, 17-E, 18-B and 18-C] : 10[Provided that a notification issued under sub-section (1) of section 16 may have retrospective effect from a date not earlier than 1st November 1972 : Provided further that the retrospective operation of any rule made or notification issued under this Act shall not render any person guilty of any offence in regard to the contravention of such rule or the breach of any of the conditions subject to which the exemption is notified in such notification when such contravention or breach occurred before the date on which the rule or notification is published, as the case may be.] 11[(3) All rules under this Act shall, as soon as possible after they are made, be placed on the table of 12[the Legislative Assembly] shall be subject to such modifications by way of amendments or repeal as the Legislative Assembly may make within fourteen days on which the House actually sits either in the same session or in more than one session]. 1 Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. 2 Inserted by Tamil Nadu Act 68 of 1986. 3 Inserted by Tamil Nadu Act 48 of 1992. 4 Substituted by Tamil Nadu Act XIX of 1948. 5 The word "and" was omitted by Tamil Nadu Act VIII of 1958. 6 Clauses (m), (n) and (o) were added by ibid. 7 Inserted by Tamil Nadu Act 1 of 1975. 8 Inserted by Tamil Nadu Act 1 of 1975. 9 Item (iii) was added by Tamil Nadu Act 51 of 1981. 10 Inserted by Tamil Nadu Act 68 of 1986. 11 Sub-section (3) was added by Tamil Nadu Act VIII of 1958. 12 Substituted by the Tamil Nadu Adaptation of Laws Order, 1987. 55. Publication Of Rules And Notifications :- All rules made and notifications issued under this Act shall be published in the Official Gazette and upon such publication, shall have effect as if enacted in this Act. CHAPTER 7 LEGAL PROCEEDINGS 56. Actions Against The Government, Etc :- No action shall lie against the 1[Government] or against any Prohibition, Police or other officer for damages in any civil court for any act bona fide done or ordered to be done in pursuance of this Act. 1 Substituted for the word "Crown" by the Adaptation of Laws Order of 1950. 56A. Injunctions Not To Be Granted In Respect Of Sums Payable In Consideration Of The Grant Of Any Privilege Or Fee On Licences For Manufacture, Etc :- 1[ Notwithstanding anything contained in the Code of Civil Procedure, 1908 (Central Act V of 1908) or in any other law for the time being in force, no court shall grant any permanent or temporary injunction or make any interim order restraining 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 licence under section 17-B]. 1 Section 56-A was inserted by Tamil Nadu Act 2 of 1983. 56B. Bar Of Jurisdiction Of Civil Courts :- 1[ No civil court shall have jurisdiction in respect of any matter which the Commissioner or other officer or the Tamil Nadu State Marketing Corporation Limited or other authority empowered by or under this Act has to determine and no injunction shall be granted by any court in respect of any action taken or to be taken by such Commissioner, officer, Corporation or other authority in pursuance of any power conferred by or under this Act.] 1 Section 56-B was inserted by Tamil Nadu Act 29 of 1985. 57. Courts To Take Judicial Notice Of Appointments :- A ll courts shall take judicial notice of all notification and orders conferring powers, imposing duties and making appointments under this Act. SCHEDULE 1 FIRST SCHEDULE (See section 2) Year Number Short title or subject Extent of repeal (1) (2) (3) (4) 1886 I [Tamil Nadu Acts] Tamil Nadu Abkari Act, 1886 The whole. 1905 I The Tamil Nadu Abkari (Amendment) Act, 1905. Do. 1913 I The Tamil Nadu Abkari (Amendment) Act, 1913 Do. 1915 I The Tamil Nadu Abkari (Amendment) Act, 1915. Do. ACTS OF THE TAMIL NADU LEGISLATURE 1929 XVII The Tamil Nadu Abkari (Amendment) Act, 1929. The Whole. 1930 II The Dangerous Drugs Act, 1930 So much of Schedule II as relates to the Tamil Nadu Abkari Act, 1886. 1 Original Schedule was numbered as Schedule I by Tamil Nadu Act VIII of 1958. 2 Substituted for the expression "Acts of the Governor of Fort St. George in Council" by the Tamil Nadu Adaptation of Laws Order, 1970. SCHEDULE 2 SECOND SCHEDULE BOND TO ABSTAIN FROM THE COMMISSION OF OFFENCES UNDER THE 2[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 3[4(1)(a), 4[4(1)(aa), 4(1)(aaa)], 4(1)(b), 4(1)(d), 4(1)(e), 4(1)(f), 4(1)(g), 4(1)(h), 4(1)(i) and 4(1))(jj)] of the 2[Tamil Nadu] Prohibition Act, 1937, for the term of. I hereby bind myself not to commit any such offence during the said term and, in case of my making default therein, I hereby bind myself to forfeit to the State of 2[Tamil Nadu] the sum of rupees. Dated this day of 19 (Signature) Where a bond with sureties is to be executed, add -- We do hereby declare ourselves sureties for the above named that he will abstain from the commission of any offence under sections 3[4(1)(a), 4[4(1)(aa), 4(1) (aaa)], 4(1)(b), 4(1)(d), 4(1)(e), 4(1)(f), 4(1)(g), 4(1)(h), 4(1)(i) and 4(1)(jj)] of the 2[Tamil Nadu] Prohibition Act, 1937, during the said term. 1 Schedule II was added by Tamil Nadu Act VIII of 1958. 2 Substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order, 1969. 3 Substituted by Tamil Nadu Act 9 of 1979. 4 These items were inserted by Tamil Nadu Act 57 of 1998.