—~— )92/2012-2014 Price : Rs 2.70 Regd. No. NW/CH-2 2 Funjab Government Gazertt EXTRAORDIN ARY Published by Authority | CHANDIGA RH, TUSE DAY, MAR CH 323 2016 PUNJAB VIDHAN SABHA SECRETARI AT NOTIFICAT ION The 21st March, 2016 No. 22-PLA-2 0 16/235.-The Punjab Excise (Amend ment) Bill, 2016 is for general information under the proviso to rule 121 of the Punjab Vidhan Sabha eg eee ee [Le hereby published Rules of Procedure and Conduct of Business in the (Punjab Legislative Asse mbly):- pill No. 22-PLA-2016 THE PUNJAB EXCISE (AMENDMEN T) BILL, 2016 A BILL further to amend the Punjab Excise Act, 1914.
Be it enacted by the Legislature of the State of Punjab in the Sixtyseventh Year of the Republic of India as follows =
1. |< This Act may be called the Punjab Excise Amendment) Act, 2016. Short title and
(2) It shall come into force on and with effect from the Ist day of commencement, April, 2016.
2. Inthe Punjab Excise Act, 1014 (hereinafter referred to as principal Act), insertion of new after section 26, anew section 26-A shall be inserted, namely:- section 26-A in Punjab Act | of "96-A. (1) The location of the liquor vends shall be regulated by the 1914.
Location of the Government:
liquor vends.
(437) Amendment of section 31 of Punjab Act | of
1914.
PUNJAB GOVE. GAZ. (EXTRA).
(CHTR 2, 1938 SA 438
Provided that this section vends situated in areas adjoin MARCH 22, 2016 KA) w shall be applicable only to liquor ng the National Highways and State Highways for consumption, off the premises.
(2) No licence for sale of liquor shall be ‘within the road reservation of National High granted to a liquor vend situated ways and State Highways and beyond road reservation neither the liquor vends nor their entry points shall be visible or directly accessible from the National
(i) Explanation.- Highways and State Highways.
"Visibility" means existence of any signboard, direction mark, display of stock of liquor, display of rates or any direct/indirect invitation such Highways; and
(ii) to the commuter travelling on "Directly Accessible" means such liquor vend shall not be directly approachable from the National Highway and State Highway.
(3) The restrictions referred to in sub-s ection (2) shall not apply to the liquor vends situated in the areas adjoining to National highway and State Highway, passing through the limits of Municipal Corporation/Municipal Council/ Municipal Committee/ Notified Area Committee/Nagar Council/Cantonment Board or any other Authority having a population of twenty thousand or more.”.
3. In the principal Act, in section 31, after the word "duty" wherever o¢curring, the words "or extra license fee and be inserted.
other chargeable levies" shall PUNJAB GOVT. GAZ. (EXTRA), MAR CH 22. 2016 439 (CHTR 2, 1938 SAKA) ~ STATEMENT OF OBJECTS AND REASONS Section 26-A; There has been some confusion on account of absence of specific provision with respect to location of the liquor vends in the Punjab Excise Act. It has resulted in multiple litigation also. Th have been complaining of lack of clarity on this issue.| It is the duty of the n such a manner that e liquor contractors State Governmen t to regulate the availability of liquor 1 a proper balance is maintained between the availability of licensed liquor to public on one hand and prevention of sale of illicit, smuggled or unlicensed liquor by pootleggers on other hand. Most of the towns cities, urban areas in the State of Punjab have come up on the highways in tibbon shape. State of Punjab has more than one highway pas sing through most of the towns, cities, location of liquor vends need to be regulated in such a lic in cities, towns and urban areas. Thus, manner that licensed liquor is available to general pub areas without much hassle and at the same time it is not easily available/ accessible to persons com muting from one city to other on highways.
Every year, in the Excise Policy, the State Governm ent prescribes a limit prohibiting location of the liquor vends from the schools, colleges, religious places etc. In most of the cities, elevated highways have been constructed whereas the markets continue to exist there under. State Government has noticed spurt in availability of unlicensed liquor at Dhabas, tea-shops situat ed on the highways and such liquor is being sold without payment of excise duty.
Even illicit liquor is being sold, resulting into huge loss of revenue to the State and it poses great danger to public health. In these circumstances , taking into consideration the entire situation, the State Governe mnt has decided to make _amendments to the Punjab Excise Act, 1914 throu this Bill so as to define jocation of the liquor vends, and bring clarity and c rtainty for the benefit of one and all.
Section-31; Presently the excise duty is not leviable on liquor as per excise policy. However various fee and levies are being charged under different nomenclatures.
In order to bring in clarity and to safeguard revenue of the State, the words or extra licensee fee and other © argeable levies are being proposed to be added in the Principal Act in Chapter V, in section 31.
Hence, these amendment s to the Bill.
SUKHB SINGH BADAL, Deputy C ief Minister, Punj ab.
i oo 440 PUNJAB GOVT. GAZ. (EXTRA), MARCH 22, 2016 (CHTR 2, 1938 SAKA) FINANCIAL IMPLICATIONS There is no direct financial implication in the proposed amendments in the Punjab Excise Act, 1914, These amendments would have an indirect positive impact on future excise revenue receipts of State exchequer.
CHANDIGARH: SHASHI LAKHANPAL MISHRA THE 21st MARCH, 2016 SECRETARY.
0978/03-2016/Pb. Govt. Press, S.A.S. Nagar