Regd. No. NW/CH-22 Regd. No. CHD/0092/2015-2017 Price : Rs 2.70 EXTRAEXTRAEXTRAEXTRAEXTRAORDINARORDINARORDINARORDINARORDINARYYYYY Published by AuthorityPublished by AuthorityPublished by AuthorityPublished by AuthorityPublished by Authority CHANDIGARH, THURSDAY, DECEMBER 21, 2017 (AGRAHAYANA 30, 1939 SAKA) ( cviii ) LEGISLATIVE SUPPLEMENT Contents Pages Part - I Acts The Punjab Excise (Second Amendment) Act, 2017.
(Punjab Act No. 21 of 2017) .. 225-227 Part - II Ordinances Nil Part - III Delegated Legislation Nil Part - IV Correction Slips, Republications and Replacements Nil Short title commencement.
PUNJAB GOVT. GAZ. (EXTRA), DECEMBER 21, 2017 (AGHN 30, 1939 SAKA) 225
PART I GOVERNMENT OF PUNJAB DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB NOTIFICATION The 21st December, 2017 No.31-Leg./2017.- The following Act of the Legislature of the State of Punjab received the assent of the Governor of Punjab on the 15th day of December, 2017, is hereby published for general information:- THE PUNJAB EXCISE (SECOND AMENDMENT) ACT, 2017.
(Punjab Act No. 21 of 2017) AN ACT further to amend the Punjab Excise Act, 1914.
BE it enacted by the Legislature of the State of Punjab in the Sixtyeighth Year of the Republic of India as follows:-
1. (1) This Act may be called the Punjab Excise (Second Amendment) Act, 2017.
(2) It shall come into force on and with effect from the date of its publication in the Official Gazette.
2. In the Punjab Excise Act, 1914 (hereinafter referred to as the principal Act), in section 26-A, in sub-section (1), at the end, for the sign ".", the sign ":"
shall be substituted and thereafter, the following proviso shall be added, namely:- "Provided that the above restriction shall not apply to the licensed liquor vends within the limits of Municipal areas.".
3. In the principal Act, for section 72, the following section shall be substituted, namely:- "72. All offences, punishable under this Act shall be bailable within the meaning of the Code of Criminal Procedure, 1973:
Provided that the offences punishable under clauses (i), (ii), (iv) and (v) and of possession of country liquor and foreign liquor in a quantity Offences to be bailable Amendment of section 26-A of Punjab Act 1 of
1914.
Substitution of section 72 of Punjab Act 1 of
1914.
PUNJAB GOVT. GAZ. (EXTRA), DECEMBER 21, 2017 (AGHN 30, 1939 SAKA) 226 exceeding twelve bottles of 750 milliliters capacity each, punishable under clauses (iii) and (viii) of the proviso to sub-section (1) of section 61, shall be non-bailable.".
4. In the principal Act, in section 78,-
(a) in sub-section (1), for the proviso, the following proviso shall be substituted, namely:- "Provided that when it is proved that the receptacles, animals or other articles specified in clauses (d) and (e) (except public undertaking vehicles) are not the property of offender, they shall not be liable to confiscation if the owner thereof establishes that he had no reason to believe that such offence was being or was likely to be committed.
Explanation.- “Public undertaking vehicles” means any vehicle owned/ run by,-
(i) the Central Government or a State Government;
(ii) any municipality or any corporation or company owned or controlled by the Central Government and one or more State Governments for the purpose of providing transport and goods services.”;
(b) in sub-section (2), for the second proviso, the following provisos shall be substituted, namely:- "Provided further that in cases where the quantity of liquor found at the time or in the course of detection of such offence exceeds twenty-seven bulk liters of country liquor and foreign liquor, the Magistrate shall order the confiscation of conveyance. However, in lieu of ordering confiscation of conveyance, the Magistrate may give the owner of the conveyance liable to be confiscated an option to pay an amount equal to the value thereof as estimated by the Magistrate:
Provided further that during pendency of trial, conveyance shall only be released on submission of security (in form of cash security or bank guarantee) equivalent to the value of the conveyance thereof.”; and
(c) in sub-section (4), for the words "ninety bulk liters he may", the words and sign "twenty-seven bulk liters, he shall" shall be substituted.
Amendment of section 78 of Punjab Act 1 of
1914.
5. In the principal Act, in section 81, for sub-section (1), the following subsection shall be substituted, namely:- “ (1) Any offence relating to type and quantity of liquor as specified in clauses (vi), (vii) and (viii) (except quantity of foreign liquor exceeding twelve bottles of 750 milliliters capacity each) of proviso to sub-section
(1) of section 61, may either before or after the institution of the prosecution, be compounded by such officers or authorities and for such amount as the State Government may, by notification in the Official Gazette, specify in this behalf.”.
VIVEK PURI, Secretary to Government of Punjab, Department of Legal and Legislative Affairs.
1401/12-2017/Pb. Govt. Press, S.A.S. Nagar PUNJAB GOVT. GAZ. (EXTRA), DECEMBER 21, 2017 (AGHN 30, 1939 SAKA) 227 Amendment of Section 81 of Punjab Act 1 of
1914.