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Section 42: Payment of compensation

The Himachal Pradesh Excise Act, 2011State Act of Himachal Pradesh · Act 33 of 2012

(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 and without prejudice to any other punishment, the court when passing judgment in a case under section 41, may, if it is satisfied that death or injury has been caused to any person due to consumption of such liquor, order the person found guilty to pay, by way of compensation, an amount-

(a) not less than three lakh rupees to the legal representatives of each of the deceased, or

(b) not less than two lakh rupees to the person to whom grievous hurt has been caused, or

(c) not less than twenty thousand rupees to the person for any other consequential injury.

(2) Any person aggrieved by an order passed under sub-section (1) may, within ninety days from the date of order, prefer appeal in the High Court:

Provided that no appeal shall be entertained unless the amount of compensation ordered to be paid under sub-section (1) is deposited in the court:

1. Substituted vide H.P. Act No. 10 of 2024.

2. The words “which may extend to six months and with fine which may extend to one lakh rupees” substituted vide H.P. Act No. 10 of 2024.

3. Clause “(d)” inserted vide H.P. Act No. 10 of 2024.

THE HIMACHAL PRADESH EXCISE ACT, 2011 23

Provided further that the High Court may entertain appeal after expiry of the said period of ninety days if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time.

Where this provision sits

ActThe Himachal Pradesh Excise Act, 2011
Section42
Marginal notePayment of compensation
JurisdictionState of Himachal Pradesh
StatusIn force as published by the source

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