SCHEDULEENACTMENTS REPEALED

THE UNITED PROVINCES EXCISE ACT, 19101

(U.P. Act IV of 1910 )

Amendment by the

U.P. Act III of 1914U.P. Act I of 1915

U.P. Act IV of 1919U.P. Act XXXVIII of 19202

U.P. Act II of 1923U.P. Act III of 19413

U.P. Act XIII of 19414

U.P. Act 7 of 1970U.P. Act 23 of 1970U.P. Act 4 of 1971U.P. Act 6 of 1972U.P. Act 30 of 1973U.P. Act 16 of 1974U.P. Act 5 of 1974U.P. Act 5 of 1976U.P. Act 9 of 1978U.P. Act 30 of 1978U.P. Act 13 of 1979U.P. Act 23 of 1983U.P. Act 23 of 1984U.P. Act 7 of 1985U.P. Act 19 of 1986U.P. Act 5 of 1989U.P. Act 1 of 1990

Adapted and modified by the Government of India (Adapatation of Indian Laws) Order , 1937

Adapted and modified by the Adaptation of Laws Order, 1950

(Received the assent of the Lieutenant- Governor on the 18th December, 1909 and of theGovernor - General on the 24th February, 1910, and was published1 under section 40 of the IndianGouncils Act, 1860, on the 12th June, 1910.)

Whereas it is expedient to consolidate and amend the law in force in the United provinces relatingto the import, export, transport, manufacture, sale and possession of intoxicating liquor and of intoxicatingdurgs:

SCHEDULEENACTMENTS REPEALED

(See Section 2)

Year

Number

Short title Extent of repeal

ACTS OF THE GOVERNOR-GENERAL IN COUNCIL

1868

XVI

The Excise (Spirits) Act,1868

…..

The whole so far as itaffects the (UttarPradesh)5

1894

VIII

The Indian Tariff Act, 1894 …..

Section 6 so far as itaffects the (UttarPradesh)5

1895

XII The Excise Act, 1895 …..

The whole so far as itaffects the (UttarPradesh)5

1906

VII The Excise (Amendment)Act, 1906

….

Ditto.

Amending U.P. Actscontents

No. and year of Acts.1. U.P. Act III of 19142. U.P. Act I of 19153. U.P. Act IV of 19194. U.P. Act II of 19235. U.P. Act III of 19416. U.P. Act XIII of 19417. U.P. Act 7 of 19708. U.P. Act 23 of 19709. U.P. Act 4 of 197110. U.P. Act 6 of 197211. U.P. Act 30 of 197212. U.P. Act 13 of 197313. U.P. Act 18 of 197414. U.P. Act 5 of 197615. U.P. Act 9 of 197816. U.P. Act 30 of 197817. U.P. Act 13 of 197918. U.P. Act 23 of 198319. U.P. Act 23 of 198420. U.P. Act 7 of 198521. U.P. Act 19 of 198622. U.P. Act 25 of 198923. U.P. Act 20 of 198924. U.P. Act 19 of 1990

LIST OF AMENDING U.P.ACTS

Sl. No. No.& Year of Act Published in

1. U.P. Act III of 1914 Gazette , 1914 , Pt. VII, P. 4192. U.P. Act I of 1915 Gazette , 1915 , Pt. VII, P. 13. U.P. Act IV of 1919 Gazette , 1919 ,Pt. VII, P. 6494. U.P. Act II of 1923 Gazette , 1923, Pt.VII, P. 1435. U.P. Act III of 1941 Gazette , 1941 ,Pt. VII-A, P. 36. U.P. Act XIII of 1941 Gazette , 1941 , Pt. VII-A, P.19-207. U.P. Act 7 of 1970 Gazette, Extra. ,dt.April 1, 19708. U.P. Act 23 of 1970 Gazette, Extra.,dt. June 6,19709. U.P. Act 4 of 1971 Gazette, Extra., dt. Jan. 6,197110. U.P. Act 6 of 1972 Gazette, Extra., dt. Jan. 23 , 197211. U.P. Act 30 of 1972 Gazette, Extra., dt. Aug. 6 ,197212. U.P. Act 13 of 1973 Gazette, Extra., dt. April 18 ,197313. U.P. Act 18 of 1974 Gazette, Extra., dt. July 6 , 197414. U.P. Act 5 of 1976 Gazette, Extra., dt. April 6, 197615. U.P. Act 9 of 1978 Gazette, Extra, dt. April 25, 197816. U.P. Act 30 of 1978 Gazette, Extraa., PT.-I(a) of the

Legislative Supplt. dt. Oct.6, 197817. U.P. Act 13 of 1979 Gazette, Extra, Pt.-I-(a) of the

Legislative Supplt. dt. April 18,197918. U.P. Act 23 of 1983 Gazette, Extra,dt. Sept. 23,198319. U.P. Act 23 of 1984 Gazette, Extra,Pt.I-(a) of the Legislative

Supplt. dt.Oct.5,198420. U.P. Act 7 of 1985 Gazette, Extra, Pt.-I(a) of the Legislative

Supplt. dt. March 29.,198521. U.P. Act 19 of 1986 Gazette, Extra, Pt.-I,S. (Ka) dt,

Sept. 19,198622. U.P. Act 5 of 1989 Gazette, Extra,Pt.-I,S. (Ka) dt.

March 16 ,198923. U.P. Act 20 of 1989 Gazette, Extra, Pt,-I, S. (ka)

dt. Oct. 6, 198924. U.P. Act 19 of 1990 Gazette, Extra, Pt.-I, S. (ka)

dt. Jan. 20 ,1990

United Provinces Excise (Amendment ) Act, 1914(U.P. Act No. III of 1914 )

An Act to amend the united provinces Excise Act,1910, U.P. Act IV of 1910.

Where as it is expedient to amend the United Provinces Excise Act , 1910, U.P. Act IV of 1910 ,it is herebyenacted as follows :-

1. Short Title – This Act may be called the United Provinces Excise ( Amendment) Act , 1914.

2. Amendment of section 3(12) of the U.P. Excise Act IV of 1910 – For sub-section (12) of section 3of the United Provinces Excise Act ,1910 , the following sub-section shall be substituted, namely –

3. (12) “Intoxicating drug” includes “(a) cocaine, (b) Ganja, Bhang, Charas and every preparation anddmixture of the same and every intoxicating drink or substance prepared from any part of the hemp plant(cannabis sativa ), from grain or from other material and not included in the term “Liquor”, but it does notinclude opium or anything included within the meaning of that word as defined in the opium Act, 1978, (c)any other substances which the local Govt. may specify by notification , together with every prepration andadmixture of the same”3. Addition to section 3 of U.P. Excise Act IV of 1910 –After subsection (22)of section 3 of athe saidAct, the following sub-section shall be added, namely-“3. (23) Cocine incldes coca leaves, any alkaloid or substance prepared from the coca-plant and anypreparation or admixture of any of the above.”4. Amendment of section 5 of the United Provinces Excise Act IV of 1910- In section 5 of the saidAct the word, brackets and letter and (b) shall be insereted after the word, figures brackets and letter section3 (12)(a) .5. Amendment of section 69 of the U.P. Excise Act IV of 1910- For the last portion of section 60 ofthe said Act, that is to say the portion beginning with the word “shall be punished” and ending with thewords “or with both” the following shall be substituted , namely, “shall be punished, if the offence iscommitted in respect of cocaine, with imprisonment which may extend to one year, or with fine which mayextend to two thousand rupees, or with both, and in any other case with imprisonment which may extend tothree months or with fine which may extend to one thousand rupees or with both”.

The United Provinces Excise (Amendment ) Act, 1915(U.P. Act No. 1 of 1915).

An Act further to amend the United Provinces Excise Act ,1910. Where as it is expedient futher toamend the United Provinces Excise Act,1910, it is hearby enacted as follows:-1. Short Title – This Act may be called the United Provinces Excise (Amendment ) Act, 1915.2. Amendment of sections 48, 56 and 58 of the United Provinces Excise Act, 1910-In section48,56,and 58 of the United Provinces Excise Act, 1910, the expression “officer of the Exicse Departmet”shall be substitued for the expression “excise officer and other officer” where-ever they occur.3. Amendment of sectin 49 of the United Provinces Excise Act, 1910-(1) In sectin 49, sub-section(1) of the said Act, for the opening words ending with the wors “investigate” the following shall besubsitituted , namely-

“A police officer not below the rank of an officer-in-charge of a police station and an officerof the Excise Department not below such rank as the local Government may prescribe may investigate”.

(2) In sub-section (2) of the same section for the words “every officer so empowered maywithin such limits” the words “any such officer may” shall be substituted.4. Amendment of section 53 of the United Provinces Excise Act,1910- (1) in section 53, sub-section (1) of the said Act, for the opening words and figures ending with the words and figures “or section65” the following shall be substituted, namely- “Whenever a Collector or an officer of the excise department not below such rank as the localGovernment may prescribe or a police officer not below the rank of an officer-in-charge of a police station

has reason to believe that on offence punishable under section 60, section 61, section 62, section 63 orsection 65,” and for the words “an excise officer” in the proviso the words” “Any officer” shall besubsitituted. (2) In sub-section (2) of the same section for the words “every Collector or other excise officer” thewords “Collector or other officer” shall be subsitituted.5. Retrospective effect of the Act for the purpose of validating things done – so for as may benecessary to validate any thing hither-to-done, the United Provinces Excise Act, 1910, as amended by thisAct, shall be deemed to have been in force from the date of the comencement of the Act.6. Amendment of section 3 of the United Provinces Excise Act, 1910- For section 3(9) of theUnited Provinces Excise Act, 1910, the following clause shall be substituted namely-

“ Denatured “means” rendered unfit for human consumption in such manner as may beprescribed by the local Govt. by notification in this behalf”.

“When it is proved that any spirit contains any quantity of any substance prescribed by the localGovernment for the purpose of denaturetion the court may presume that such spirit is or contains or hasbeen derived from senatured spirit.”7. Amendement of section 62 of the United Provinces Excise Act , 1910- For section 62 of theUnited Provinces Excide Act 1910 the following section shall be substituted, namely-

“Whoever renders or attepts to render fit for human consumption any spirit (whethermanufactured in British India or not ) which has been denatured or has in his possession any denaturedspiritwhich has been rendered fit for human consimption or in respect of which any ttempt has been madeto render it so fit shall be punished with imprisonment for a term which may extend to three months, orwith fine which may extend to one thousand rupees or with both.

United Provinces Excise (Amendment) Act, 1919(U.P. Act IV of 1919)

In Act furthure to amended the United Provinces Excise Act , 1910, U.P. Act IV of 1910. Where as itis expedient further to amended the United Provinces Excise Act, 1910, U.P.Act IV of 1910, it is herebyenacted as follows :-1. Short Title – This Act may be called the United Provinces Excise (Amendment) Act, 1919.2. Amendment of section 3 of United Provinces Act IV of 1910- In section 3 of the United ProvincesExcise Act ,1910, in definition (22) the word “room” shall be inserted after the word “shop”3. Amendment of sectin 51,54,69 and 70 of United Provinces Act IV of 1910- In section 51, 54, 69,and 70 (1) of the said Act, the word, figures, and letter “ Section 60-A” shall be inserted after the word andfigures “section 60.”4. Insertion of new section 60-A and 60-B in the United Provinces Act , IV of 1910- After section 60 ofthe said Act the following section shall be in inserted namely.

Penaityfor use of place for commision of an offence respecting cocaine – “60-A Any owner,occuier,or person having the use of any place , who used such place for the commission or for abetting thecommission of an offence unser this Act in respect of cocine are knowing or having reason to believe thatsuch place is being used for the aforesaid purpose permit it to be so used, shall be punishable withimprisionment for a term which may extend to one year, or with fine which may extend to two thousandrupees or with both.Security for abstaining from cocaine offences-60-B(1) Whenever any person is convicted of any offenceunder this Act in respect of cocaine before a High Court , a Court of Session , or the Court of a DistrictMagistrate, a Sub Divisional Magastrate or Magistrate of the first class and such court is of opinion that itis necessary to required such person to execute a bond for abstaining from offences under this Act inrespect of cocaine , such court may, at the time of passing sentence on such person, order him to execute abond for a sum which having regard to his means shall not be execusive with or without sureties forabstaining from such offence during such period , not exceeding three year, as it thinks fit to fix.(2) If the convection is set aside on appeal or otherwise , the bond so executed shall become void.(3) An orser under this section may also be made by an appellate court , when disposing of an appeal or theHigh Court when exercising its power of revision.(4) The proceeding subsequent to the making of any order under this section shall be regulated as nearly asmay be by the provisions of sections 120,122,123,124,125, and 126 of the code of Criminal Procedure,1973, as if such order had been made under section 106 of the said Code, and the provisions of section 513,

514, and 515 of the said Code shall apply when a bond is executed or required to be executed under thissection.

The United provinces Excise (Amendment) act , 1923(U.P. Act No. II of 1923)

An Act further to amended the United PROVINCES Excise Act, 1910. Whereas it is expedient furtherto amend the United Provinces Excise Act, 1910, it is hereby enacted as follows :-1. Short Title – This Act may be called the United Provinces Excise (Amendment) Act, 1923.2. Amendment of section 3 of the U.P. Act IV of 1910- In section 3 of the United Provinces ExciseAct, 1910( here-in-after referred to as “the said Act” clause (4) shall be omitted.3. Omission of section 10 of the U.P. Act IV of 1910- Section 9 of the said Act shall be omitted.4. Amendment of section 10 of the U.P. Act IV of 1910 –(1) In this section 10, sub-section (2) of thesaid Act the following shall be substituted for clause (a) namely :-“(a) Appoint an officer here-in-after referred to as the Excise Commissioner who shall to the oders of thelocal Government, have the control of the administration of the Excise Department .” (2) In clause (b) before the word “appointed” the words “constitute a licensing bord or” shall be inserted. (3) An clause (f) the word “to the Chief Revenue Authority or” shall be omited. (4) In clause (h) the words and comma "the Chief Revenue Authority” shall be omitted.5. Amendment of section 11, sub-section (2) of the U.P. Act IV of 1910- In section 11, sub-section (2)of the said Act the commas and the words “or, if there be a chief revenue authourity, the chief revenueauthourity” after the words “the local Government” shall be omitted.6. Amendment of section 23 of U.P. Act IV of 1910 – In section 22 of the said Act for the word“sprit” theword “liquor” shall be substituted and for the words “sixteen years” shall be substituted.7. Amendment of section 23 of U.P. Act IV of 1910 – An section 23, subsection (1) of the said Actfor the words “foregin liquor or country apirit” the word “liquor”, for the word “child” the word“person”, for the words “forteen years” the words “Eighteen years” shall be substituted.8. Amendment of section 29 of the U.P. Act IV of 1910 – In section 29 of the said Act, for the words“chief revenue authourity” the words “excise commissioner” shall be substituted.9. Amendment of section31 of the U.P.Act IVOF 1910-In section 31, clause (c), of the said Act forthe words,”the chief revenue authourity” the words “Excise Commissioner” shall be subsituted.10. Insertion of new section 36-A in the U.P. Act Ivof 1910- After section 36 of the said Act thefollowing shall be inserted, namely- “36-A No person to whom licence has granted under this Act shall have any claim to the renewal of suchlicence or any claim for compensation on the determination or nonrenewal thereof”.11. Amendment of section 40 of the U.P.Act IV of 1910- In sectin 40, sub-section (2) clause(a) of thesaid Act, the words and comma”the chief revenue Authourity”, shall be omitted.12. Amendment of section 41 of the U.P. Act IV of 1910-In section 41 of the said Act, for thewords”the chief revenue authourity may make rules” the words”the Excise Commissioner, subject to theprevious sanction of the local Government, may make rules,” shall be substituted.13. Amendment of section 60 of the U.P. Act IV of 1910-In section 60 of the said Act as amended bythe United Provinces Act III of 1914, for the last portion begininng with the words shall be punisheddown to end of the section the following shall be substituted , namely- “shall be punished ,if the offence is committed in respect of cocine, with imprisonment which mayextend to two years or with fine or with both and in any other case of imprisonment which may extend toone year or with fine or with both”.14. Amendment of section 60-A of U.P. Act IV 1910 as amended by U.P. Act IV of 1919- In section60-A of the said Act as amended by the U.P. Act IV of 1919, for the words”one years” the words “twoyears” shall be substituted and the words and the comma”which may extend to rupees two thousand”shall be omitted.15. Amendment of section 61 of the U.P. Act IV of 1910- (1) In clause (a) of section 61 of the saidAct for the words “sprit” the word “liquor” and for the words “sixteen years” the words”eighteen years”shall be substituted.

(2) In clause (b) of section 61 of the said Act for the word “child” the words “person under the age ofeighten years” shall be substituted.16. Amendment of section 79 of the U.P. Act IV of 1910- In section 79 of the said Act and themarginal note for the words “Chief Revenue Authourity” the words “Excise Commissioner” shall besubstituted.

THE UNITED PROVINCES EXCISE (AMANDMENT)ACT, 19411

UNITED PROVINCES ACT NO. III OF1941

(PREPARED BY HIS EXELLENCY THE GOVERNOR OF THE UNITED PROVINCES INEXERCISE OF THE POWER ASSUMED BY HIM BY THE PROCLAMATION, DATED THE 3RD

NOVEMBER , 1939,ISSUED UNDER SECTION 93 OF THE GOVERNMENT OF INDIA ACT, 1935)

(Recived the assent of the governor of the United Provinces, On the 24th January, 1941, and published inthe United Provinces Gazette, on the 1st February, 1941.)

An Act to Amend the United Provinces Excise Act, 1910

Preamble – WHEREAS it is expedient further to amend the United Provinces Excise Act, 1910,U.P. Act IV of 1910, for the purpose of promoting , enforcing and carrying into effect the policy ofprohibition ; AND WHEREAS it is expedient to indemnify the Crown and all person in respect of certin Acts ; AND WHEREAS by the proclamation , dated the third day of November 1939, promulagated undersection 93 of the Government of India Act,1935, the Governor of the United Provinces has assumed tohimself all powers vested by or underthe aforesaid Act in the Provincial Legislature ; AND WHEREAS the continuance in force of the said Proclamation has been approved by aresolution passed by both Houses of Parliament. NOW, THEREFORE, in exercise of the powers aforesaid , the Governr is pleased to make thefollowing Act ;1. Short Title – This Act may be called the United Provinces Excise (Amendment)Act, 1941.2. Amendment of preamble of U.P. Act IV of 1910-In the preamble of UnitedProvinces Excise Act, 1910, U.P. Act of 1910, (hereinfter referred to as the said Act) after the word“drugs” the following paragraph shall be inserted namely :“AND WHEREAS in order topromote, enforce and carry into effect the pollicy of prohibition , it isnecessary to authorize the Provincial Government to prohibit the import, export, transport, manufacture,sale and possession of liquor and of intoxicating drug in the United Provinces or in any specified area orthereof.3. For sub-section (4) of section 20 of the said Act following sub-section shall be substituted, namely:

“(4) Notwithstanding anything contained in the foregoing sub-section , the [State Government ]1 may bynotification prohibit the possession by any person or class of persons or , subject to such exceptions, if anyas may be specified in the notification , by all persons in all [Uttar Pradesh ]1 or in any specified area orareas thereof , of any intoxicant either absolutely or subject to such conditions as it may prescribe .”

4. Indemnity in respect of certain acts – No proceedings, civil or criminal , shall be instituted against theGovernment or any act in good faith done, or purporting to be done, or authorized to be done, under or byvirtue of or in pursuance of any notification issued or purporting to be issued before the commencement ofthis Act under sub-section (4) of section 20 of the said Act.

THE UNITED PROVINCES EXCISE ( SUPPLEMENTARY AMENDEMENT ) ACT ,1941

(UNITED PROVINCES ACT NO. XIII OF 1941)

(PREPARED BY HIS EXCELLENCY THE GOVERNOR OF THE UNITED PROVINCES INEXERCESE OF THE POWERS ASSUMED BY HIM BY THE PROCLAMATION , DATED THE 3RD

NOVEMBER ,1939, ISSUED UNDER SECTION 93 OF THE GOVERNMENT OF INDIA ACT , 1935 )

(Received the assent of the Governor General on the 6th November ,1941, and was published in theUnited Provinces Gazette, dated the 15th November , 1941.)

An Act to supplement the United Provinces Excise Amendment Act 1941, U.P. Act IV of 1941.

Preamble- WHEREAS section 3 of the United Provinces Excise ( Amendment )Act 1941, U.P. Act IVof 1941 in so far as it relates to dangerous drugs, a matter included in the Concurrent Legislative List in theSeventh Schedule to the Government of India Act ,1935, is repugnant to the provisions of an existing IndiaLaw relating to such matter, namely the United Provinces Excise Act, 1910 and the rules made thereunder ,and is consequently void by reason of the fact that the first mentioned Act was not reserved for theconsideration of the Governor General or for the signification of His Mafesty’s pleasure as required by sub-section (2) of section 107 of the said Government of India Act ;

AND WHEREAS it is necessary to rectify the aforesaid defect ;

AND WHEREAS it is also necessary to protect the Provincial Government officer of the Crown andauthorities and persons acting under the orders of the said Government or of such officers, from liability inrespect of anything in good faith ordered or done or purporting to have been ordered or done under theprovisions of the said Prohibition Act ;

AND WHEREAS the Governor of the United Provinces has , by the proclamation dated the 3rd day ofNovember, 1939, promulgated under section 93 of the Government of India Act, 1935, assumed to himself allpowers vested by or under the said Act in the Provincial Legislature ;

And whereas the continuance in force of the said proclamation has been approved by resolutions passedby both Horsed of Parliament :

NOW,THEREFORE , in exercise of the powers aforesaid , the Governor is pleased to make thefollowing Act ;

1. Short Title – This Act may be called the United Provinces Excise (Supplementary Amendment )Act 1941.

2. U.P. Act II of 1941 to apply to Dangerous Drugs – The provision of the United Provinces Excise (Amendment ) Act ,1941 (hereinafter referred to as the said Act ) in regard to intoxicating drugs shallapply to every intoxicating drugs as defined in the United Provinces Excise Act, 1910, U.P. Act IVof 1910, although such drug may also bi a dangerous drug .

3. Indemnity – No suit or other legal proceeding whatsoever whether civil or criminal shall he in anycourt of law against the [State Government]1, any officer of the Government or any authority orperson acting under the orders of the said Government or of any such officer, for or in respect of anyact, matter or thing in god faith ordered or done or purporting to have been ordered or done under theprovision of the said Act before the commencement of this Act on the ground that such act, ,after orthing was in excess of the powers conferred by the law as then in force, if the same could lawfully beordered or done under the said Act after the commencement of this Act.

THE UNITED PROVINCES EXPIRING LAWS CONRINUANCE ACT, 1948(U.P.ACT NO. XIII OF 1948)

( PASSED BY THE U.P. LEGISLATIVE ASSEMBLE ON THE 6 TH MARCH 1948, ANDBY THE U.P. LEGISLATIVE COUNCIL ON THE 20 TH MARCH ,1948 )

Received the assent of the Governor General on the 30th March,1948, under section 76 of theGovernment of India Act, 1935. as adapted by the India (Provisional Constitution ) Order, 1947, andwas published in the United Provinces Gazette Extraordinary, dated 1st April ,1948.

An Act to continue certain expiring laws promulgated by His Excellency the Governor of theUnited Provinces by virtue of section 93 of the Government of India Act,1935.

Whereas the Acts mentioned in the Schedule (hereinafter called the “principal Act”) werepromulgated by His Excellency the Governor of the United Provinces by virtue of the proclamationunder section 93 of the Government of India Act, 1935, dated the 3rd November ,1939, as amended fromtime to time :

AND WHEREAS the principal Acts are in so far as they are in force and are temporary in theirduration, limited to expire on the 31st March ,1948.

AND WHEREAS it is expedient to provide for the continuance, as in this Act mentioned , of theprincipal Acts and of the enactments amending and affecting the same ;

It is hereby enacted as follows :

1. Short title and commencement – This Act may be called the United Provinces Expiring LawsContinuance Act, 1948.

2. Continuance in force of Acts mentioned in Schedule –(1) The Principal Acts mentioned in column 1of the Schedule shall subject to the modification and to the extent specified in column 2, bepermanent Acts.(2) Any unrepealed enactments which are temporary in their duration shall in so far as they amendor affect the Principal Act continued by the foregoing provision of this Acts be continued in likemanner whether they are mentioned in the Schedule or not.

1. for publication see U.P. Gazette Extraordinary , dated April 1, 1945

Schedule

Short title How far continued and the amendments

thereto

* * * * * *The U.P. Excise (Amendment) Act, 1941 The whole Act. (U.P. Act III of 1941) ** * * * * The U.P. Excise (SupplementaryAmendment ) The whole Act.Act, 1941 (U.P. Act XIII of 1941)

THE UTTAR PRADESH EXCISE (AMENDMENT AND VALIDATION) ACT, 1970(U.P. ACT NO. 7 OF 1970 )

*[ Authoritative English Text of the Uttar Pradesh Excise (Sanshodhan Tatha Vaidhikaran )Adhiniyam,1970 ]An Act further to amend the U.P. Excise Act 1910 and to validated certain actions taken thereunderIT IS HEREBY enacted in the Twenty-first Year of the Republic of India as follows :-

1. Short title – This Act may be called the Uttar Pradesh Excise (Amendment and Validation) Act,1970

2. Amendment of section 28- Section 28 of the U.P. Excise Act 1970 (hereby called the principalAct ), shall be re-numbered and be deemed always to have been re-numbered as sub-section (1)thereof , and after sub-section (1) as so re-numbered, the following sub-section shall be insertedand be deemed always to have been inserted namely :-“(2) The State Government shall, in imposing an excise duty or a countervailing duty as aforesaidand in fixing its rate, be guided by the directive principals specified in Articls 47 of theConstitution of India.(3) Such duty shall not exceed the maximum as provided hereinafter

(a) Countervailing duty on excisable articles imported in accordance with the provisions of sectin 12(1) :-

Item no. Description of excisable article Maximum rate of duty

Rs.1. Country liquor (excepting tari ).. ..

20 per litre.2. Liquor manufactured in India and sophisticated or Coloured so as to resembse in flavour or colour

liquor imported into India ; and rectified spirit-(a) Ale, beer, porter, cider and other fermented liquors …. ..2 per litre(b) Perfumed sprit (other than medicinal and toilet preparation .. …

15 per litre.© Wines … …. ….. …..

8 per litre(d) Liquors , cordials, mixtures and other preparations containing spirit not otherwise specifies (other than drugs and medicines)… …. ….. ……70 per litre.(e) Brandy, gin, whisky, rum, rectified spirit and other sorts of spirit not otherwise specified … …. 60 per litre of alcohol.

3. Ganja … … …. ….300 per kg.

4. Bhang … …. …. … … …..14 per kg.

(b) Excise or countervailing duty on excisable articles exported in accordance with the provisions ofsection 13 :-

Item no. Description of excisable article Maximum rate of duty

Rs.

1. Country liquor (excepting tari and other fermented alcoholicbeverages)

0.70 paise per litre.2. Liquor manufactured in India and sophisticated or coloured

so as to resemble in flavour or colour liquor imported into India (excepting beer)0.70 paise per litre

3. Beer brewed in India 0.20 paise per litre.

4. Ganja 150.00 per kg.

5. Bhang4.00 per kg.

(c) Excise or countervailing duty on excisable articles transported :-

Item no. Description of excisable article Maximum rates of duty

Rs1. Country liquor (excepting tari ).. ..

20 per litre.2. Liquor manufactured in India and sophisticated or

Coloured so as to resembse in flavour or colourliquor imported into India ; and rectified spirit-(a) Ale, beer, porter, cider and other fermented liquors …. ..2 per litre(b) Perfumed sprit (other than medicinal and toilet preparation .. …15 per litre.© Wines … …. ….. …..

8 per litre(d) Liquors , cordials, mixtures and other preparationscontaining spirit not otherwise specifies (other thandrugs and medicines)… …. ….. ……70 per litre.(e) Brandy, gin, whisky, rum, rectified spirit and other sorts of spirit not otherwise specified ……. 60 per litre of

3. Ganja … … …. ….300 per kg.

4. Bhang … …. …. … … …..14 per kg.

(d) Excisable duty on excisable articles manufactured, cultivated or collected under any licence grantedunder section 17-

Item no. Description of excisable article Maximum rates of duty

Rs

1. Country liquor (excepting tari ).. .. 20 perlitre.

2. Liquor manufactured in India and sophisticated orcoloured so as to resembse in flavour or colourliquor imported into India ; and rectified spirit-(a) Ale, beer, porter, cider and other fermented liquors …. ..2 per litre(b) Perfumed sprit (other than medicinal and toilet preparation 15 per litre.© Wines … …. ….. …..8 per litre(d) Liquors , cordials, mixtures and other preparationscontaining spirit not otherwise specifies (other thandrugs and medicines)… …. ….. ……70 per litre.(e) Brandy, gin, whisky, rum, rectified spirit and other sorts of spirit not otherwise specified ……. 60 per litre of alcohol.

3. Ganja … … …. ….300 per kg.

4. Bhang … …. …. … … …..14 per kg.

(e) Excise duty on excisable articles manufactured in any distiliery established, or any distillery or brewerylicenced , under section 18-

Item no. Description of excisable article Maximum rates of duty

Rs1. Country liquor (excepting tari ).. ..

20 per litre.2. Liquor manufactured in India and sophisticated or

coloured so as to resembse in flavour or colourliquor imported into India ; and rectified spirit-(a) Ale, beer, porter, cider and other fermented liquors …. ..2 per litre(b) Perfumed sprit (other than medicinal and toilet preparation .. …15 per litre.© Wines … …. ….. …..

8 per litre(d) Liquors , cordials, mixtures and other preparationscontaining spirit not otherwise specifies (other thandrugs and medicines)… …. 70 per litre.(e) Brandy, gin, whisky, rum, rectified spirit and other sorts of spirit not otherwise specified ……. 60 per litre of alcohol

3. Amendment of section 46- In section 46 of the principal Act, for the second sentence thefollowing sentence shall be substituted and be deemed always to have been substituted , namely :-“Such duty shall be lived by a tax on each tree tapped or from which tari is drown, and its rateshall be fixed having due regard to the principles specified in sub-section (2) of section 28 andshall not exceed sixty rupees for a year or part thereof per tree.”

4. Validation- Notwithstanding anything contained in any judgment , decree or order of anyCourt or other authority to the country , any imposition levy or collection of any duty made orpurporting to have been made, and any action or thing taken or done in relation thereto, under the

provisions of the principal Acts before the commencement of this Act including , in particular, anydirection or notification issued or purporting to have been issued under section 28 or section 46 ofthe principal Act, shall be deemed to be, and to have always been valid and effective as if suchimposition , levy or collection had always been made or action or thing had been taken or doneunder the principal Act as amended by this Act , and accordingly ;

(a)all acts , proceedings or things done or taken by the State Government or by any other authorityin connection with the imposition , levy or collection of such duty shall ,for all purpose, be deemed to be andto have always been, done or taken in accordance with the law,

(b)no suit or other proceedings shall be entertained or continued in any Court or before anyauthority for the refund of any such duty, and ©no Court shall enforce any decree or order directing the refund of any such duty.

5. Repeal of U.P. Ordinance No. VIII of 1969- The Uttar Pradesh Excise (Amendment andValidation ) Ordinance, 1969 ,is hereby repealed.

THE UTTAR PRADESH EXCISE (SECOND AMENDMENT) ACT , 1970( U.P. Act No. 23 of 1970)

*[ Authoritative English Text of the Uttar Pradesh Excise (Dwitiya Sanshodhan )Adhiniyam , 1970]An Act further to amend the U.P. Excise Act,1910, for the purposes hereinafter appearing It is hereby enacted in the Twenty-first Year of the Republic of India as follows :-1. Short title- This Act may be called the U.P. Excise Act,(second amendment ),1970.2. Amendment of section 3 of the U.P. Act IV of 1970 – In section 3 of the U.P. Excise Act,1910,

hereinafter referred to as the principal Act, after clause (20) , the following new clause shall beinserted ,namely :

“(20-a) ‘cultivation’ ,with its grammatical variation , means the raising of a plant from seed, andincludes the tending or protecting of a plant during its growth.”

3. Substitution of new section for section 57 – For section 57 of the principal Act the followingsection shall be substituted, namely :-“57. Duty of owner, occupier, lekhpal or village policeman to report certain matters – Everyperson who owns or occupies any land or building and the agent of such owner or occupier, on orin which there has been any unlawful manufacture of any intoxicant, or any unlawful cultivationor collection of any plants from which an intoxicating drug can be produced, and every owner of avessel or vehicle in which any intoxicant manufactured contrary to the provisions of this Act, andevery lekhpal or village policeman in whose jurisdiction such land or building is situate or vesselor vehicle is found, shall, in the absence of reasonable excuse, be bound to give notice of the sameto a Magistrate or to an officer of the excise, police or land revenue department immediately thesame comes to his knowledge.”

*(for Statement of Objects and Reasons, please see Uttar Pradesh Gazette Extraordinary, datedDecember 30, 1970)

(Passed in Hindi by the uttar pradesh Legislative Assembly on May 1, 1970 and by the UttarPradesh Legislative Council on May 15, 1970.)

(Received the assent of the Governor on June 4, 1970, under article 200, of the Constitution ofIndia and was published in the Uttar Pradesh Gazette Extraordinary dated June 6, 1970.)

4. Substitution of new section for section 60 – For section 60 of the principal Act, followingsection shall be substituted ,namely:-“ 60, Penalty for unlawful import, export, transport, manufacture, possession , sale etc.-whoeverin contravention of this Act or of any rule or order made under this Act, or of any hcence, permitor pass obtained under this Act –

(a) imports, exports, transports, or possesses any intoxicant ; or(b) manufactures any intoxicant ; or(c) cultivates any hemp plant (cannabis sativa) ;or

(d) collects or sells any portion of the hemp plant (cannabis sativa ) from which anyintoxicating drug can be manufactured ; or

(e) constructs or works any distillery or brewery ; or(f) uses, keeps, or has in his possession any materials stills, utensils, implements or

apparatus whatsoever for the purpose of manufacturing any intoxicant other than tari ; or(g) removes any intoxicant from any distillery brewery or warehouse licensed, established or

continued under this Act ; or(h) bottles any liquor for purpose of sale; or(i) sells any intoxicant ,save in the case provided for by section 16; or(j) taps, or draws tari, from any tari-producing tree in areas notified under section 42;shall be punished with imprisonment which may extend to two years or with fine or both ; provided that in the case of conviction for an offence under clause (b) a sentence of notless than three months imprisonment shall , in the absence of special and adequate reasons tothe contrary to be mentioned in the judgment of the Court , be passed.

5. Substitution of new section for section 61 - For section 61 of the principals Act the followingsection shall be substituted, namely :-

“61. penalty for unlawful selling to persons under eighteen or employing persons undereighteen or woman – if any licensed vendor or any person in his employ and acting on his behalf’-

(a) in contravention of section 22 sells or delivers any liquor or intoxicating drug to anyperson apparently under the age of eighteen years ; or

(b) in contravention of section 23 employs or permit to be employed on any part of hislicensed premises referred to in that section, any person under the age of eighteen yearsor any woman ;

he shall be punished with fine which may extend to one thousand rupees.6. Substitution of new section for section 62 –For section 62 of the principal Act, following section

shall be substituted, namely –“ 62Penalty for rendering denatured spirit fit for human consumption – whoever renders or attempts torender fit for human consumption any spirit whether manufactured in India or not which has beendenature , or has in his possession any denatured spirit which has been rendered fit for humanconsumption or in respect of which any attempt has been made to render it so fit shall be punished withimprisonment for a term which may extend to two thousand rupees or with both.”7. Substitution of new section for section 64 – For section 64 of the principal Act, the following

section shall be substituted, namely:- 64. Penalty for certain acts by licensee or his servant – whoever being the holder of a licence, permitor pass granted under this Act, or being in the employ of such hold and acting on his behalf –

(a) fails to produce such licence, permit or pass on the demand of any Excise Officer or ofany other office duly empowered to make such demand ; or

(b) in any case not provided for in section 60, willfully contravenes any rule made undersection 40; or

(c) willfully does or omits to do anything in breach of any of the conditions of the licence,permit or pass not otherwise provided for in this Act“shall be punishable for each such offence with fine which may extend to five hundredrupees.”

8. Substitution of new section for section 65 – For section 65 of the principal Act, the followingsection shall be substituted, namely :-

“65 Penalty for constitution in chemists shop etc. – (1) If any chemist, druggist, apothecary or keeperof dispensary allows any intoxicant which has not been bona fide medicated for medicinal purposes tobe consumed on his business premises by any person not employed in his business, he shall bepunished with imprisonment for a term which may extend to six months or with fine which may extendto two thousand rupees, or with both.(2) If any person not employed as aforesaid consumes any such intoxicant on such premises he shall bepunished with fine which may extend to five hundred rupees.”9. Substitution of new section for section 68 – For section 68 of the principal Act, the following

section shall be substituted, namely :-

“68. Penalty for offences not otherwise provided for –Whoever is guilty of any act or intentionalomission in contravention of any of the provision of this Act, or of any rule or order made under thisAct and not otherwise provided for in this Act, shall be punished for each act or omission with finewhich may extend to five hundred rupees .”10. Substitution of new section for section 69 – For section 69 of the principal Act, the following

section shall be substituted, namely :- “Provided that in the case of convection for a second or subsequent offence under clause (a) orany of the clause (c) to (j) of section 60, section 63,or section 65, a sentence of imprisonment for aterm of not less than one month with or without fine, and in the case of convection for a second orsection or subsequent offence under clause (b) of section 60, a sentence of imprisonment for aterm of not less than six months with or without fine, shall in the absence of special and adequatereasons to the contrary to be mentioned in the judgment of the court, be passed : “ Provided further that nothing in this section shall prevent any offence which might otherwisehave been tried summarily under Chapter XXII of the Code of Criminal Procedure 1898, frombeing so tried.”

11. Insertion of new section 69-a, 69-b and 69-c – After section 69 of the principal Act, thefollowing sections shall be substituted namely:-

“ 69-A. Demand for security for abstaining from commission certain offence – (1) Wheneverany person is convicted of an offence punishable under the provisions of clause (b), clause (c), clause(e) clause (f)or clause (h) of section 60, or section 62,the court convicting such person may , at thetime of passing the sentence on such person, order him to execute a bond for a sum proportionate to hismeans with or without sureties, to abstain from the commission of any offence punishable under thesaid provisions during such period not exceeding three years as it may direct. (2) The provisions of the Code of Criminal Procedure, 1898,(Act V of 1898) shall mutates mutandisapply such offence all matters connected with such bond as if it were a bond to keep the peace orderedto be executed under section 106 of the said Code. 69-B. Penalty for abetment – whoever abets an offence punishable under this act shall, whethersuch offence be or be not committed in consequence of such abetment and notwithstanding anythingcontained in section 116 of the Indian Penal Code, (Act, IV of 1860) be punished on conviction forsuch abetment with the same punishment as is provided for the principal offence. 69-C. Offence by companies –(1) where an offence under this Act has been committed by acompany, every person who at time the offence was committed was in charge of, and was responsibleto, the company for the conduct of its business, as well as the company shall be deemed to be guilty ofthe 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 anypunishment if he proves that the offence was committed without his knowledge or that he exercised alldue dillgent to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act hasbeen committed by a company and it is proved that the offence has been committed with consent orconnivance of, or is attributable to any neglect on the part of, any director, manager, secretary,managing agent, secretaries and treasurers, or other officer shall also be deemed to be guilty of thatoffence and shall be liable to be proceeded against and punished accordingly.Explanation – For the purpose 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.12. Amendment of section 70 –For sub-section (1) of section 70 of the principal Act, the following

sub section shall be substituted, namely:-“(1) No Magistrate shall take cognizance—

(a) of an offence punishable under section 60, section63, section65,except on his ownknowledge or suspicion or on the complaint or report of an Excise Officer; or

(b) of an offence punishable under section 64, section 66, section 67 or section 68, except onthe complaint or report of the Collector or an Excise Officer authorised by him by ageneral or special order in that behalf.”

13. Insertion of new section 71-A- After section 71 of the principal Act, the following section beinserted , namely:-

“71-A. Provisions regarding pardon etc. to apply to offences punishable under the Acts-The provisions of sections 337,339,and 339-A of the Code of Criminal Procedure, 1898,shall apply in relation to offences punishable under this Act as they apply is relation tooffence punishable under this Act as they apply is relation to offences mentioned in thesaid section 337.”

THE UTTAR PRADESH EXCISE (THIRD AMENDMENT) ACT, 1970(UTTAR PRADESH ACT NO, 4 OF 1971)

*[Authoritative English Text of the Uttar Pradesh Excise (Tritiya Sanshodhan) Adhiniyam, 1970]An Act further to amend the U.P. Excise Act,1910, with a view to facilitating the extension andenforcement of prohibition in pursuance of the directive principal of State policy enshrined inArticle 47 of the constitution, and to proved for matters connected therewith.

IT IS HEREBY enacted in the Twenty-first Year of the Republic of India as follows:-1. Short title—This Act may be called the Uttar Pradesh Excise (Third Amendment)follows :-2. Insertion of new section 20-Aand 20-B—After section 20 of the Excise Act, 1910,hereinafter referred to as the principal Act, the following section shall be inserted, namely :-

“20-A. Option to enforce prohibition gradually –The power of the State Government undersection 14 to prohibit the import, export, or transport of any intoxicant and the power under sub-section (4) of section 20 to prohibit the possession of any intoxicant may be exercised in pursuanceof the policy of gradual extension of prohibition in the State, and different areas may from time totime be selected in hat behalf after taking into account.-(a) the character of an area as a place of pilgrimage, a seat of learning or anindustrial area ;(b) the general economic condition of the local population including theirlevel of nutrition and standard of living ;(c) the local public opinion ; and(d) any other relevant factor which in the opinion of the State Government ismaterial in the public interest ;(For Statement of Object and Reason please see Uttar Pradesh Gazette Extraordinary datedDecember 30, 1970.)

(Passed in Hindi by the Uttar Pradesh Legislative Assembly on December 21, 1970 and by theUttar Pradesh Lgislative Council on December 23, 1970.)

( Received the Assent of the Governor on January 4, 1971 under Article 200, of the constitutionof India and was published in the Uttar Pradesh Gazette Extraordinary, dated January 6, 1971.)

Provided that nothing in this sub-section shall be construed to require the State Governmentto recite in its order the considerations on the basis of which a particular area is selected at anytime for the enforcement of prohibition. 20-B. Exception etc. in respect of prohibition –(1) where a notification is issued undersub-section (4) of section 20 in pursuance of the said policy in respect of the whole or a part ofthe State (hereinafter in this section referred to as the prohibition area) a notification undersection 14 in respect of the prohibition area may be issued absolutely or subject to suchexceptions or conditions as may be specified in the notification. (2) In relation to any prohibition area, the State Government may either by rules or bygeneral or special order, make any exemption or relaxation in respect of by the possession,import, export, or transport, of the intoxicants mentioned in the notification under section 14 orunder sub-section (4) of section 20 or any such intoxicants by or for purposes of –

(a) members of the defence services ;(b) foreigners through the residing in the prohibition area;(c) travelers through the prohibition area ;

(d) addicts (in the case ganja only ), and others requiring the intoxicant on grounds ofhealth ;

(e) persons holding licences under under section 17,18,21, and 24,;(f) consignments from, to, or passing through the prohibition area by rail , road or air ;(g) industrial, scientific, educational, medicinal or religious poses.

(3) In relation to any exemption or relaxation that may be made under sub-section(2), the State Government may either by rules or by generals or special order, provide forthe grant of pass or permit by such authority as may be specified.

(4) Upon the issue of a notification referred to in sub-section (1), the authoritygranting a licence under this Act may in so for as it relates to a prohibition area cancel itforthwith without notice, and it shall thereupon remit a sum equal to the amount of thefee payable in respect of the unexpired period of the licence, and refund any fee paid inadvance or deposit, made by the licence in the respect thereof, less the amount (if any),due to the State Government, but no compensation shall in respect of such cancellation bepayable to the licence, anything contained in section 35 notwithstanding.

(5) Where any licence is cancelled under sub-section (4) the licence shall dispode ofthe intoxicants in his possession in such manner as the State Government or the ExciseCommissioner may by general or special order direct.”

3. Validation –Every notification issued under section14 or sub-section (4) of section 20 of the principalAct as well as the rules made under the name of the U.P. Intoxicant Prohibition Rules, 1947, as amendedfrom time to time before the commencement of this Act, shall be deemed to be and always to have beenas valid as if the provisions of this act were in force at the time of the issue of such notification or of themaking of the said rules or of amendments therein, and shall continue in force until amended orrescinded by the State Government. 4. Repeal of U.P. Ordinance No. 11 of 1970 – The Uttar Pradedh Excise (Amendment and Validation )Ordinance, 1970, is hereby repealed.

THE UTTAR PRADESH EXCISE (AMENDMENT) ACT, 1972(U.P. Act No. 30 of 1972 )

*[Authoritative English Text of the Uttar Pradesh Excise (sansodhan) Adhiniyam, 1972 ]An Act further to amended the United Provinces Excise Act, 1910It is hereby enacted in the Twenty-third Year of the Republic of India as follows :-1. Short title - This Act may be called the U.P. Excise Act,( Amendment ),19722. Amendment of section 21 of U.P. Act IV of 1910 –In section 21 of the U.P. Act, 1910, hereinafter

referred as the principal Act clause (3) of the proviso there to be omitted .3. Insertion of new section 24-A - After section 24 of the principal Act, the following section shall

be omitted , namely :-“ 24-A. Grant of exclusive privilege of sale in respect of foreign liquor –(1) Subject to theprovisions of section 31, the Excise Commissioner may grant to any person a licence or licencesfor the exclusive privilege of selling by retail at shops (for consumption both on and of thelicensed premises, or for consumption off the licensed premises only ) any foreign liquor in anylocality.(2) the of licence or licences under sub-section (1) in relation to any locality shall be withoutprejudice to the grant of licence for the retail sale of foreign liquor in the same locality in hotelsand restaurants for consumption in their premises.(3) where more licences than one are proposed to be granted under sub-section (1) in relation toany locality over the same period, advance intimation of the proposal shall be given to theprospective applicants for every such licence.(4) The provision of section 25 and 30 an the proviso to section 39 shall apply in relation to thegrant of a licence for an exclusive privilege under this section as the apply in respect of the grantof a licence for an exclusive privilege under section 24.”

4. Amendment of section 40 –In section 40 of the principal Act, sub-section (3) shall be omitted.5. Repeal of U.P. Ordinance No. 13 of 1972 – The Uttar Pradesh Excise (Amendment) Ordinance

1972, is hereby repealed.

THE UTTAR PRADESH EXCISE (AMENDMENT) ACT, 1972(U.P. Act No.6 of 1972 )

*[Authoritative English Text of the Uttar Pradesh Excise (sansodhan) Adhiniyam, 1972 (Uttar PradeshAdhiniyam sankhya 6, 1972.)An Act further to amended the U.P. Excise Act, 1910, which a view to facilitating the extension andinforcement of prohibition in pursuance of the directive principal of State policy enshrined in Article 47 ofthe constitution, and to provide for matters connected therewith.

It is hereby enacted in the Twenty-second Year of the Republic of India as follows :-1.Short title - This Act may be called the U.P. Excise Act,( Amendment ),19722. Omission of section14-–In section 14 of the U.P. Act, 1910, hereinafter referred as the principal Actshall be omitted .3. Amendment of section 20 –In section 20 of the principal Act, sub-section (4) shall be omitted.4. Omission of section 20-A and 20-B – Section 20-A and 20-B of the principal act shall be omitted. 5. Insertion of new chapter VI-A-After chapter Vi of the principal Act, the following chapter shall beomitted , namely :-

“Chapter VI-A. special provisions regarding prohibition .” 37A. Prohibition of import, export, transport, or possession of intoxicants –(1) The State Governmentmay be notification –(a) prohibit the import or export of any intoxicant into or from the Uttar Pradesh or any part thereof; or(b) prohibit the transport of any intoxicant.(2) Without prejudice to the provisions of section 20, the State Government may, by notification,prohibit the possession by any person or subject to such exceptions, if any as may be specified area orareas thereof, of any intoxicant either absolutely or subject to such conditions as may be specified in thenotification.(3) The power of the State Government under sub-section (1) to prohibit the import, export, or transport,of any intoxicant and its power under sub-section (2) to prohibit the possession of any intoxicant may beexercised in pursuance of the policy of gradual extension of prohibition in the State, and different areasmay from time to time by selected in that behalf after taking into account –(a) the character of an area as a place of pilgrimage a seat of learning or an industrial area.(b) The general economic condition of the local population including their level of nutrition and

standard of living.(c) The local public opinion ; and(d) Any other relevant factor which in the opinion of the State Government is material in the public

interest : Provided that nothing in this sub-section shall be constructed to require the State Government torecite in its order the considerations on the basis of which a particular area is selected at any time for thetime inforcement of prohibition .(4) Where a notification is issued under sub-section (2) in pursuance of the said policy in respect of thewhole of Uttar Pradesh or any area thereof (hereinafter in this section referred to as the prohibition area anotification under sub-section (1) in respect of the prohibition area may be issued either absolutely orsubject to such exception or conditions may be specified in the notification.(5) In relation to any prohibition area, the State Government may, either by rules or by general or specialorder, make any exemption or relaxation in respect of the possession, import, export, or transport of theintoxicants mentioned in the notification under sub-section (1) or under sub-section (2) or any of suchintoxicants by or for purposes of –

(a) members of the defence services ;(b) foreigners through the residing in the prohibition area;© travelers through the prohibition area ;(d) addicts (in the case ganja only ), and others requiring the intoxicant on grounds ofhealth ;(e) persons holding licences under under section 17,18,21, and 24,;(f) consignments from, to, or passing through the prohibition area by rail , road or air ;(f) industrial, scientific, educational, medicinal or religious poses

(6) In relation to any exemption or relaxation that may be made under sub-section (5), the StateGovernment may either by rules or by general or special order, provided for the grant of pass or permitby the authority as may be specified.

(7) Upon the issue of a notification referred to in sub-section (1), the authority granting a licence underthis act may in so for as it relates to a prohibition area cancel it fore with without notice, and it shallthereupon remit a sum equal to the amount of the fee payable in respect of the unexpired period of thelicence, and refund any fee paid in advance or deposit of the licensee in respect thereof, less, the amount(if any ), due to the State Government but no compensation shall in respect of such cancellation bepayable to the licensee, anything contained in section 35 notwithstanding.(8) Where any licence is cancelled under sub-section (7), the licensee shall dispose of the intoxicants inhis possession in such manner as the State Government or the Excise Commissioner may be general orspecial order direct.”6. repeal of the Uttar Pradesh Ordinance No. 21 of 1971 –The Uttar Pradesh Excise (Amendment)

Ordinance, 1971, is hereby repealed.

THE UTTAR PRADESH EXCISE (AMENDMENT) ACT, 1973(U.P. Act No. 13 of 1973 )

*[Authoritative English Text of the Uttar Pradesh Excise (sansodhan) Adhiniyam, 1973 ]An Act further to amended the United Provinces Excise Act, 1910It is hereby enacted in the Twenty-fourth Year of the Republic of India as follows :-1. Short title - This Act may be called the U.P. Excise Act,( Amendment ),19732. Amendment of section 62 of U.P. Act IV of 1910 –In section 62 of the U.P. Act, 1910,hereinafter referred as the principal Act, for the words “imprisonment for a term which may extendto one year or with fine which may extend to two thousand rupees or with both”, the following shallbe substituted, namely:-

“imprisonment for a term which may be extend to two years and in the absence of special andadequate reasons to the contrary to be mentioned in the judgment of the Court, shall not be less thansix months and shall also be punishable with fine which may extend to two thousand rupees.”

4. Amendment of section 69 –In section 69, of the principal Act, in the first proviso thereto,- I. (1)the word and figures “section 62” shall be omitted. II. (2) for the words, figures, letters, and brackets, “clause (b) of section 60”,the words,

figures, letters, and brackets, “clause (b) of section 60 or section 62” shall besubstituted ; and

III. (3) for the words “six months” the words “one year” shall be substituted. IV. (4) the words “or without”, wherever occurring, shall be omitted.

THE UTTAR PRADESH EXCISE (AMENDMENT) ACT, 1974(U.P. Act No. 18 of 1974 )

(As passed by Uttar Pradesh Legislature)An Act further to amended the United Provinces Excise Act, 1910It is hereby enacted in the Twenty-fifth Year of the Republic of India as follows :- 1. Short title - This Act may be called the U.P. Excise Act,( Amendment ),1974 2. Amendment of section 28 of U.P. Act IV of 1910 –In section 28 of the U.P. Excise Act, 1910 in sub-section (3) in clause (b) for the entries relating to Items 1,2, and 3 of the table, the following entriesshall be substituted, namely :-

Rs.

“(1) Country liquor (excepting tari and other fermented alcoholic beverages )2 per litre of alcohol.

(2) Liquor manufactured in India sophisticated or coloured so as to resemble in2 Ditto.

flavour or colour liquor imported into India (excepting beer.)(3) Beer brewed in India …. …. …. …. ….

2 per bulk litre.”

3. Repeal and saving –(1) The Uttar Pradesh Excise (Amendment) Ordinance, 1974 (U.P. Ordinance No,8 of 1974), is hereby repealed.(2) notwithstanding such repeal , anything done or any action taken under the said Ordinance shall bedeemed to have been done or taken under this Ac, if this Act were in force at all material times.

THE UTTAR PRADESH EXCISE (AMENDMENT) (RE-ENACTMENT AND VALIDATION)ACT, 1976

( U.P. Act No. 5 of 1976)(As passed by the Uttar Pradesh Legislature )

An Act to re-enact and validate the United Provinces Excise (Amendment) Act,1972

Whereas it is expedient in the public interest to provide for the adoption of the system of grant oflicences previling in respect of country liquor with necessary modifications for the grant of licences inrespect lf foreing liquor ;

And whereas the Uttar Pradesh Excise (Amendment) Ordinance, 1972( U.P. Ordinance No. 13 of1972 ),which was replaced by the Uttar Pradesh Excise (Amendment ) Act, 1972 (U.P. Act No. 30 of1972), was adjudicated by the High Court of judicature at Allhabad in its judgment in Sheo Pat Raniand others v. State of Uttar Pradesh and reported in [1972 Allahabad Law Journal Reports, 1000] to bebeyond the competency of the State Legislature ;

And whereas subsequently, in the case Nashtswar and others v. State of Madhya Pradesh andothers, reported in [All India Reporter, 1975 S.C. 360] the S.C. has upheld the power of the StateLegislature to make provision for holding of public auction for the grant of right or privilege to possessand foreign liquor ;

And whereas it has become necessary to repeal and re-enact the Uttar Pradesh Excise(Amendment) Act, 1972 (U.P. Act No. 30 of 1972 );

Now therefore it is hereby enacted in the Twenty-seventh years of the Republic of India as follows:-

1. Short title – this Act may be called the Uttar Pradesh Excise (Amendment) (Re-enactment andValidation) Act, 1976.2. Re-enactment of U.P. Act No. 30 of 1972 –The Uttar Pradesh Excise (Amendment) Act ,1972 ishereby, with effect from August 16, 1972, repealed and re-enacted with the following modifications –

(1) Section 1 shall be renumbered as sub-section (1) thereof, and after sub-section (1) as sorenumbered the following sub-section shall be inserted :“(2) It shall be deemed to have been in force ever since the commencement of the U.P. Excise Act,1910, and accordingly a references to the State Government in tha amendments made in that Actby this Act shall, in relation to the period before

1.Recived the assent of Governor on April 16, 1976, published in U.P. Gazette, Extra. Dated 16th April ,1976,p.p.4-6.

January 26,1950, be construed as references to the Provincial Government."

(ii) for sectopm3, the following section shall be substituted:

"3.Insertion of new Sections 24-A and 24-B.- After Section 24of the principal Act, the followingsections shall be inserted, namely:

"24-A. Grant of exclusive or other privilege in respect of foreign liquor.- (1) Subject to theprovisions of section 31, the Excise Commissioner may grant to any person a licence or licences forthe exclusive or other privilege,-

(a) of manufacturing or supply by wholesale, or of both; or(b of manufacturing of of supplying by wholesale, or of both and selling by retail; or(c) of selling by wholesale (to wholesale, or retail vendors);or(d)of selling by retail at shops ( for consumption 'off' the premises only) any foreign liquor inany locality.

(2) The grant of licence or licences under clause (d) of sub-section (1) in relation to any localityshall be without prejudice to the grant of licences for the retail sale of foreign liquor in the same locality inhotels and restaurants for consumption in their premises. (3) Where more licences than one are proposed to be granted under clause (d) sub-section (1) inrelation to any locality for the same period advance intimation of the proposal shall be given to theprospective applicants for every such licence.

(4) The provisions of section 25,and provision to Section 39 shall apply in relation to grant of alicence for an exclusive or other privilege under this section as they apply in respect of the grant of alicence for an exclusive privilege under Section 24.

24-B.Removal of doubts. - For the removal of doubts, it is hereby declared-

(a) that the state Government has an exclusive right or privilege of manufacture and sale of country liquorand foreign liquor and foreign liquor;

(b) that the amount described as licence fee in clause (c)of Section 41 is in its essence the rental orconsideration for the grant of right or privilege by the State Government;

(c) that the Excise Commissioner as the head of the Excise Department of the state shall be deemed, whiledetermining or realizing such fee, to act for and on behalf o f the state Government."

(iii)after section 3, the following section shall be inserted:"3-A. For section 30 of the principal Act, the following section shall be substituted and be deemed alwaysto have been substituted, namely;

30.Substitution of new section for Section 30.- (1) Instead of or In addition to any duty livableunder the Chapter, the State Government or on its behalf the Excise Commissioner may accept payment ofa sum in consideration of the grant of licence for any exclusive or other privilege under Section 24 orSection 24-A.

(2) The sum payable under sub-section (1) may be determined either by auction or by callingtenders or otherwise."

(iv) after Section 4, the following section shall be inserted:"4-A. Amendment of Section 41.- In Section 41 of the principal; Act, for clause (C),the following

clause shall be substituted and be deemed always to have been substituted, namely;" ( c) prescribing the scale of fees or manner of fixing the fees payable for any licence, permit or

pass including any consideration for the grant of any exclusive or other privilege granted under Section24or Section 24-A or for storing of any intoxicant."Explanation-(1) Fees may be prescribed under this sub-clause at different rates classes of licences, permits,passes or storage, and for different areas.

(2) The manner of fixing fee or consideration shall include auction or invitation of tenders or both'."

3. Amendment of section 40- In Section 40 of the principal Act-(a) in sub-section (1), the following proviso there there to shall be inserted, namely:

"Provided that the Uttar Pradesh Licensing under the Surcharge Fee System Rules,1968 made by theExcise Commissioner , Uttar Pradesh, with the previous sanction of the State Government, as amended by theExcise Commissioner, Uttar Pradesh, from time to time, before the commencement of this Act , shall , untilaltered or repealed by the State Government by rules made under this section, be deemed to be and always tohave been as valid and effective as if the said rules were duly made by the State Government under thissection".,

b) in sub-section (2) for clause (c ), the following clause shall be substituted , namely :

"(c) prescribing the manner in which appeals for revisions shall be presented and the procedure fodealing with such appeals and revisions".

4. Validation - Notwithstanding any judgement, decree or order of any court to the contrary,anything done or purporting to be done and any action taken or purporting to have been taken under anyprovision of the Uttar Pradesh Excise (Amendment) Act, 1972, before the commencement of this Act, shallbe deemed to be and always to have been as valid as if the provisions of this Act were in force at allmaterial times.

5. Repeal and savings -(1) The Uttar Pradesh Excise (Amendment) (Re-enactment andValidation) Ordinance, 1976(U.P. Ordinance No. 15 of 1976 ) , is hereby repealed.

(2) Notwithstanding such repeal, anything don or an action taken under the aforesaid Ordinanceshall be deemed to have been done or taken under the corresponding provisions of this Act, as if this Acthad come into force on February 28, 1976.

THE UTTAR PRADESH INDUSTRIAL AREA DEVELOPMENT ACT, 1976

[ U.P. Act No. 6 of 1976 ](As passed by the Uttar Pradeh legislature )

An Act to provide for the institution of an Authority for the development of certain areas in the State intoindustrial and urban township and for matter connected there-with

It is hereby enacted in the Twenty0seventh Year of the Republic of India , as follows:

1. Short title and extent - (1) This Act may be called the Uttar Pradesh Industrial AreaDevelopment Act, 1976.

(2 ) It extends to the whole of Uttar Pradesh .

2. Definitions - In this Act-

(a) "amenities " includes roads, water supply, street lighting and power supply, sewerage, drainage, collection , treatment and disposal of industrial waste and town refuse and other community facilities,services or conveniences as the State Government may, by notificant on , specify to be an amenity for thepurposes of this Act;

(b) " Authority" means the Authority constituted under Section 3 of the Act;

(c) " Chief Executive Officer" means the officer appointed as such under section 4;

(d) " industrial development area " means an area declared as such by the State Government bynotification ;

(d) " Occupier " means a person ( including a firm or body of individuals whether incorporated or not )who occupies a site or building within the industrial development area and includes his successors andassigns;

THE UTTAR PRADESH EXCISE ( AMENDEMENT ) ACT,1978

[U.P. ACT No. 9 Of 1978 ]( As passed by the Uttar Pradesh Legislature )

CONTENTS

Section Sections1. Short title 15. Amendment of Section 632. Amendment of Section 3 of1 16. Substitution of new section3. U.P. Act IV of 1910. for Section 64.4. Substitution of Section 11 17. Insertion of new Section 64A5. Amendment of Section 20 18. Substitution of new action for6. Amendment of Section 22 Section 69.7. Amendment of Section 23 19. Amendment of Section 69- A8. Insertion of new Section 28-A 20. Amendment of Section 70.9. Amendment of Section 49 21. Substitution of new action for10. Amendment of Section 53 Section 71-A.11. Amendment of Section 54 22. Substitution of new section12. Substitution of new Section for Section 74.13. Section 55 23. Amendment of section 2 of14. Substitution of new Section for15. U.P. Act No. 5 of 1976.Section 6024. Validation.16. Amendment of Section 61.17. Substitution of new Section 25. Repeal and savings.

for Section 62An Act further to amend the United Provinces Excise Act, 1910

It is hereby enacted in the Twenty - ninth Year of the Republicof India as follows:-

1. Short Title - This Act may be called the Uttar PradeshExcise (Amendment) Act, 1978.

2. Amendment of Section 3 of U.P. Act IV of 1910- Insection 3 of the United provinces Excise Act, 1910, hereinafter referred to as the principal Act, Clause ( 5)shall be Omitted.

3. Substitution of Section II- For Section 11 of theprincipal Act, the following section shall be substituted, namely :-

"11. Appeals and revisions - (1) The Collector, and every other Excise Officer ( not being heExcise Commissioner) shall , in respect of all proceedings under this Act, be subject to the control of theExcise Commissioner and all orders passed by Collector or such other officer under this Act, shall beappealable to the Excise Commissioner in the manner prescribed by rules made by the State Government inthis behalf:

Provided that no appeal shall be entertained under this sub-section unless it is preferred theaggrieved person within thirty days from the date of communication o such order, and unless the appellanthas furnished satisfactory proof of having apid a sum of not, less than 25 percent of the disputed amount oftax, fee, penalty or other dues, if any, as the case may be:

Provided further that the appellate authority may, for special and adequate reasons to be recordedin writing, waive or relax the requirement of the proceeding proviso in respect of such disputed amount otax, fees, penalty or other dues.

(2) The State Government may either suo motu on an application by an aggrieved person call forand examine the records relating to any order passed in any proceedings under this Act, for the purposes ofsatisfying itself as to the correctness, legality or propriety of any such orders or as to the regularity of suchproceedings; and I in any case it appears to the State Government that such orders or proceedings should bemodified, annulled, reversed or remitted for reconsideration , it may pass orders accordingly:

Provided that no order adversely affecting any party shall be passed under this section unless hehas been given a reasonable opportunity of making his representation:

Provided further that no application under this sub-section shall be entertained unless it ispreferred within thirty days from the date of the order of the Excise Commissioner and unless an appeal,where it lies, has been filed and disposed of by the Excise Commissioner:

Provided also that no application for revision shall be entertained unless the applicant hasfurnished satisfactory proof of having paid a sum of not less than 25 percent of the disputed amount of tax,fee, penalty or other dues, if any, as the case may be :

Provided also that the State Government may, for reasons to be recorded in writing, waive, orrelax the requirements of the proceeding proviso in respect of such disputed amount o tax, fees , penalty orother dues."

4. Amendment of Section 20 - In Section of the principal Act, sub- section (2) shall be omitted.

5. Amendment of Section 22- In Section 22 of the principal Act including the marginal headingthereof for the words "eighteen years" wherever they occur the words "twenty- one years" shall besubstituted.

6. Amendment of Section 23- In Section 23 of the principal Act, including the marginal headingand in sub-section (1) for the words " eighteen years " wherever they occur the words " twenty -one years "shall be substituted.

7. Insertion of new Section 28-A- After Section 28 of the principal Act, the following sectionshall be inserted and be deemed always to have been inserted, namely:-

"28-A Imposition of additional duty in certain cases - (1) Where the quantity of spirit or beer instock in a brewery is found, on examination by such officer the Excise Department as may be authorizedby the Excise Commissioner in this behalf to exceed the quantity in hand as shown in the stock account,the brewery shall be liable to pay duty on such excess at the ordinary rates fixed under Section 28.

(2) Where quantity of spirit or beer is found less than that shown in the stock account on suchexamination and deficiency exceeds ten percent (allowance to that extent being made to cover losses due toevaporation, sullage and other contingencies within the brewery, and also to cover loss in bottling andstorage) the Excise Commissioner shall levy an additional duty at the rate of one hundred percent ofordinary rates of duty in respect of such deficit as exceeds then percent over and above the ordinary ratesof duty."

8. Amendment of Section 49 - In Section 49 of the principal Act-(a) in sub-section (1) , for the words " an Officer-in-charge of a Police Station " the words " Sub-

Inspector " shall be substituted ;

(b) in sub-section (2) , for the words and figures ' Chapter XIV of the Code of Criminal Procedure, 1898" the words and figures " Chapter XII of the Code of Criminal Procedure, 1973" shall be substituted.

9. Amendment of Section 53- In Section 53 of the principal Act, in sub-section (1) , for thewords " An Officer-in-charge of a Police Station " the words " Sub-Inspector " shall be substituted.

10. Amendment of Section 54- In Section 54 of the principal Act-(a) for the words and figures " Code of Criminal Procedure, 1898" the words and figures " Code

of Criminal procedure, 1973" shall be substituted ;

(b) in the proviso, for the words and figures " Section 62 or Section 65" the words and figures "Section 62 , Section 64-A or Section 65" shall be substituted.

11. Substitution of new Section for Section 55- For Section 55 of the principal Act, thefollowing section shall be substituted, namely:-

" 55. Certain offences to be non-bailable- All offences punishable uner sub-section (2) of Sectio60, Section 62 and Section 64-A shall be be non-bailable within the meaning of the Code of CriminalProcedure 1973."

12. Substitution of new section for Section 60- For Section 60 of the principal Act, thefollowing section shall be substituted , namely :-

"60. penalty for unlawful import , export, transport, manufacture, possession , sale etc- (1)Whoever, in contravention of this Ac or of any rule of order made thereunder, or of any licence , permit orpass obtained thereunder-

(a) import, exports, transports or possesses any intoxicant other than charas;or(b) cultivates and hemp plant ( cannabis sativa) ;or(c) collects or sells any portion of the hemp plant (cannabis sativa ) from which any intoxicating drug can

be manufactured; or(d) constructs or works any distillery, brewery of vintnery; ojr(e) uses. keeps or has in his possession any material, still, utensil, implement or apparatus, whatsoever for

the purpose of manufacturing any intoxicant other than tari; or(f) removes any intoxicant from any distillery, brewery, vintnery or warehouse licences, established or

continued under this Act;or(g) bottles any liquors for the p urposes of sale; or(h) sells any intoxicant, save in the case provided for by Section 61;or(i) taps, or draws tari from any tari- producing tree in the areas notified under Section 42;

shall be punished with imprisonment which may extend to two years and with fine which shall, inthe case of an offence under clause (I) not be less than ten times the amount of duty which would havebeen livable if such intoxicant had been dealt with in accordance with in accordance with this Act and therules and orders made thereunder or in accordance with any licence, permit or pass obtained thereunder,and in any other case, not be less than ten times the amount of such duty, or five hundred rupees whicheveris greater.

(2) Whoever in contravention of this Act pr any rule or order made thereunder or of any licence,permit or pass, obtained under this Act, manufacturers any intoxicant or imports, exports, transports orpossesses and charas, shall be punished with imprisonment which shall not be less than six months andwhich may extent to three years and also with find which shall not be less than two thousand rupees andwhich may extend to five thousand rupees.”

13.Amendment of Section 61- In section (including the marginal heading thereof) of theprincipal Act, for the word "eighteen"wherever it occurs, the word "twenty-one" shall be substituted.

14.Substitution of new section for Section 62-For section 62 of the principal Act,the followingsection shall be substituted, namely:-"62.Penalty for rendering denatured spirit fit for human consumption-Whoever renders or attempts to render fit for human consumption any spirit, whether manufactured inIndia or not, which has been denatured, or has in his possession any denatured spirit which has beenrendered fit for human consumption or in respect of which any attempt has been made to render it so fitshall be punished wit imprisonment for a term which shall not be less than six months and which mayextend to three years, and shall also be liable to fine which may extend to five thousand rupees.

Explanation- For the purposes of this section, it shall be presumed that any spirit which is provedto contain any quantity of any denaturant is , or contains or has been derived form denatured spirit."

15.Amendment of Section 63- In Section 63 of the principal, Act for the words "three months"the words "one year" and for the words "One thousand "the words "five thousand" shall besubstituted,namely:-

16.Substution of new section for Section 64-For section 64 of the principal Act , the followingsection shall be substituted, namely:-

" 64 penalty of certain acts by licensee or his servant - whoever, being the holder of a licence ,permit or pass granted under this Act, or being in the employ of such holder and acting on his behalf-

(a) fails to produce such licence, permit or pass on the demand of any Excise Officer or of anyother person duly empowered to make such demand; or

(b) willfully does or omits to do, anything in breach of any of the condition of the licence,permitor pass not otherwise provided for in this Act ; or

(c) save in a case provided for by section 60, willfully contravenes any rule made under Section40,shall for each such offence, be punished with fine which may extend to two thousand rupees."

17. Insertion of new Section 64-A - After section 64 of the principal Act,the following sectionshall be inserted, namely:-

"64-A. penalty for adulteration etc. by licenced vendor or manufacturer- (1) Whoever, being theholder of a licence for the sale or manufacture of any intoxicant under this Act or a person in the employ ofsuch holder, mixes or permits to be mixed with the intoxicant sold or manufactured by him any noxiousdrug, or any foreign ingredient likely to add to its actual or apparent intoxicating quality or strength, or anyarticle prohibited by any rule made under this Act, when such mixture does not amount to an offence ofadulteration under Section 272 of the Indian Penal Code, shall be punished with imprisonment for a termwhich shall not be less than six month and which may extend to three years and also with fine whichshall not be less than one thousand rupees and which may extend to two thousand rupees.

(2) Whoever, being the holder of a licence for the sale of manufacture of any intoxicant under thisAct, or a person in the employ o such holder sells or keeps of exposes for sale, as foreign liquor, liquorwhich he knows or has reason to believe to be country liquor, shall be punished with imprisonment for aterm which may extend to three years and with fine which may extend to two thousand rupees:

Provided that the punishment shall not be less than -

(i) imprisonment for three months and fine of two hundred rupees for the first offence, and

(ii) imprisonment for six months and fine of five hundred rupees for each of the second andsubsequent offences."

18. Substitution of new section for Section 69- For Section 69 of the principal Act, thefollowing section shall substituted, namely:-

"69 Enhanced punishment after previous conviction - If any person, after having been previouslyconvicted of an offence punishable under Section 60 , Section 62, Section 63 or Section 65 or under theprovisions of those section as they stood from time to time subsequently commits and is convicted of anoffence punishable under any of these sections, he shall be liable to twice the punishment which may beimposed on a first conviction under this Act;

Provided that in the case of conviction for a second or subsequent offence under sub-section (1) ofSection 60, Section 63 or Section 65 a sentence of imprisonment for a term of not less than three months,with fine, and in the case of conviction for a second or subsequent offence under sub-section (2) of Section60 or Section 62 a sentence of imprisonment for a term of not less than one year with fine, shall be passed:

Provided further that nothing in this shall prevent any offence that might otherwise have beentried summarily under Chapter XXI of the code of Criminal Procedure, 1973 from being so tried."

19. Amendment of Section 69-A- In Section 69-A of the principal Act, - (a) in sub-section (1),for the words and figures 'clause (b), clause(c), clause (e) Clause (f) , or clause (h) of Section 60, or Section62" the words and figures "clause (b), clause (e) or clause (g) of sub-section (1) or of sub-section (2) ofSection 60 or of Section 62" shall be substituted;

(b) in sub-section (2), for the figures "1898" the figures "1973" shall be substituted.

20. Amendment of Section 70- In Section 70 of the principal Act, in sub- section (1), in clause(a) for the word and figures "Section 63", the words, figures and letter "Section 63, Section 64-A," shall beSubstituted.

21. Substitution of new section for Section 71-A- For section 71-A of the principal Act, thefollowing section shall be substituted, namely: -

"71-A. Provisions regarding, etc. to apply to offences under the Act- The provisions of Sections306 and 308 of the Code of Criminal Procedure, 1973 shall apply in relation to offences punishable underthis Act as they apply in relation to offences mentioned in Section 306 of the said Code."

22. Substitution of new section for Section 74. - For Section 74 of the principal Act, thefollowing section shall be substituted, namely:-

"74. Compounding of offences - (1) Any Excise Officer specially empowered by the StateGovernment in that behalf may accept from any person whose licence, permit or pass is liable to becancelled or suspended under Section 34 or who is reasonably suspected of having committed an offencepunishable under Section 64 or Section 68, a sum of money not exceeding five thousand rupees in lieu ofsuch cancellation or suspension or by way of composition for the offence which may have been committed,as the case may be, and in all cases in which any property has been seized as liable to confiscation underthis Act, may release the same on payment of the value thereof ) as estimated by such officer).

(2) On the payment by such person of such sum of money or such value or both, as the case maybe, such person, if in custody, shall be set at liberty, and all the property seized may be released may bereleased and no proceeding shall be instituted or continued against

such person in any criminal court. The acceptance of such sum of money by way of compositionshall be deemed to amount to an acquittal and in no case shall any further proceedings be taken againstsuch person or property with reference to the same act.

74-A. Imposition of penalty - (1) If a holder of a licence, permit or pass granted under this Act oran employee of such holder contravenes any of the condition of the licence, permit or pass or any rulemade under this Act, any Excise Office authorized by the State Government in this behalf may impose apenalty not exceeding five thousand rupees.

(2) No order imposing a penalty shall be made under sub-section (1) unless the holder of thelicence , permit or pass or the employee concerned is given-

(a) a notice in writing informing him of the grounds on which it is proposed to proceed under thissection ;

(b) a reasonable opportunity of making representation in writing, within such time as may bespecified in the notice, against such grounds; and

(d) a reasonable opportunity of being heard in the matter.

(3) No person on whom a penalty is imposed under sub-section (1) shall be liable to prosecutionin respect of any offence under this Act on the same facts."

23. Amendment of Section 2 of U.P. Act No.5 of 1976- In section 2 of the Uttar Pradesh Excise(Amendment) (Re-enactment and Validation ) Act, 1976, in the opening sentence, for the words andfigures " Uttar Pradesh Abkari ( Sanshodhan ) Adhiniyam, 1972" the words and figures " Uttar PradeshExcise ( Sanshodhan ) Adhiniyam 1972" shall be substituted and be deemed always to haven substituted.

24. Validation - Notwithstanding anything constrained in the principal Act or any other law forthe time being in force, any levy imposed by the Excise Commissioner, before the commencement of thisAct, in respect of deficit quantity at the rat not exceeding the rate specified in Section 28-A, as inserted inthe principal Act by this Act, whether described as 'fine' or by any other name, shall be deemed to be 'Additional duty' validly imposed under the said Section 28-A, as if the provisions of this Act, were in forceat all material times.

25. Repeal and savings- (1) The Uttar Pradesh Excise (Amendment Ordinance , 1978, (U.P.Ordinance No. 5 of 1978) and the Uttar Pradesh Excise ( Second Amendment ) Ordinance, 1978 ( U.P.Ordinance No. 6 of 1978) are hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the principal Act asamended by any of the Ordinances referred to in sub-section (1), shall be deemed to have been done ortaken under the corresponding provisions of the principal Act as amended by this Act, as if the provisionsof this Act were in force at all material times.

THE UTTAR PRADESH ENTERTAINMENTS AND BETTING TAX (AMENDEDMENT)ORDIANCE, 1978

[ U.P. ORDINANCE NO. 16 OF 1978]

(Promulgated by the Governor in the Twenty -ninth Year of Republic of India )

CONTENTS

Section Section

1. Short title 2. Amendment of section 3 of U.P. Act No. 8 1947.

An Ordinance further to amend the United Provinces Entertainment's and Betting Tax Act, 1937

Whereas, the State Legislature is not in session and the Governor is satisfied that circumstancesexist which render it necessary for him to take immediate action;

Now, therefore, in exercise of the powers conferred by clause (1) of Article 213 of theConstitution, the Governor is pleased to promulgate the following Ordinance:

1. Short title - This Ordinance may be called the Uttar Pradesh Entertainment's and Betting Tax (Amendment ) Ordinance, 1978.

2. Amendment of Section 3 of U.P. Act No. 8 of 1937- In Section 3 of the United ProvincesEntertainment's and Betting Tax Act, 1937, for sub-sections (1) and (1-A), the following sub-sections andexplanation shall be substituted, namely:-

"(1) There shall be levied and paid on all payments for admission to any entertainment, a tax(hereinafter referred to as entertainment.

THE UTTAR PRADESH EXCISE (SECOND AMENDMENT ) ACT, 1978( U.P. ACT NO. 30 OF 1978)

[* Authoritative English Tex of the Uttar Pradesh Aabkari ( Divitiya Sanshodhan ) Vidheyak]An Act further to amend the United Provinces Excise Act, 1910

It is hereby enacted in the Twenty -ninth year of the Republic of India follows;1. Short title and commencement - (1) This Act may be called the Uttar Pradesh Excise (Second

Amendment ) Act, 1978.

(2) It shall be deemed to have come into force on May 1, 1972, except sections 1,2,5 and 6, whichshall come into force at once.

2. Declaration - It is hereby declared that this act is for giving effect to the polciy the Statetowards securing prohibition of the consumption, except for medicinal purposes of intoxicating drinks andof drugs, which are injurious to health laid down in Article 47 of the Constitution.

3. Amendment of section 20 of U.P. Act No. IV of 1910- In section 20 of the United ProvincesExcise Act, 1910 (hereinafter refereed to as the principal Act) as amended by Uttar Pradesh Excise( Amendment ) Act, 1978, sub-section ( 2), shall be omitted and be deemed to have been substituted witheffect from May 1, 1972;

Provided that no Act done or omission taking place during the period commencing on May1, 1972and ending with April 24, 1978, which would not be an offence but for such omission shall constitute anoffence punishable under the principal Act.

4. Substitution of section 37-A- For section 37-A of the principal Act, the following section shallsubstituted , namely :-

"37-A prohibition of import, export, transport, possession or consumption intoxicants_ (1)Subject to the provisions in sub-section (4), the import or export of any intoxicating into or from UttarPradesh or any part thereof or the transport of any intoxicant shall be prohibited.

(2) Notwithstanding anything contained in section 20, but subject to the provision of sub-section(4), the prossession or consumption by any person or class of person or subject to such exceptions, if any,as may be specified, by all persons in Uttar Pradesh or in any specified area or areas thereof, of anyintoxicant shall absolutely or subject to such conditions as may be specified, be prohibited.

(3) In pursuance of the policy of gradual extension of prohibition in the State and having regard tothe administrative convenience, the State Government may from time to time select different areas in thatbehalf after taking into account any one or more of the following factors, namely :-

(a) the character of an area as -

(i) the seat of Government ; or(ii) a seat of learning ; or(iii) a place of pilgrimage or of religious importance; or(iv) Hill area; or(v) an industrial area ; or(vii) inhabited by Scheduled Castes or Scheduled Tribes ; or

(b) the general economic condition of the local population, including their level of nutrition andstandard of living ; or

(c) the local public opinion ; or(d) any other relevant factor which in the opinion of the State Government is material in the

public interest:

Provided that nothing in this sub-section shall be construed to require the State Government torecite in its order, the considerations on the basis of which a particular area is selected at any time for theenforcement of prohibition.

(4) Subject to the provisions of sub-section (3), the area to which the prohibition, on import,export or transport of any intoxicant under sub-section (1) and on possession or consumption of anyintoxicant under sub-section (2) extends and the date on which the prohibition in any area comes into force,shall be such as the State Government any, from time to time, specify by notification.

(5) Notwithstanding anything contained in sub-section (4), in relation to any prohibition area, theState Government may, either by rules on by general or special order, make any exemption or relaxation inrespect of the possession , consumption , import, export or transport

of the intoxicants mentioned in the notification under sub-section (4) or any of such intoxicant by or forpurposes of -

(a) members of the defence services ;(b) foreigners visiting or residing in the prohibition area:(c) travellers through the prohibition area;(d) district hospitals or medical colleges requiring any intoxicant for medicinal

purposes;(e) persons holding licences under sections 17,18,21 and 24;(f) consignment from, to , or passing through the prohibition area by rail , road or air;(g) industrial , scientific, educational , medicinal or religious purposes.

(6) In relation to any exemption or relaxation that may be made under sub-section (5), the StateGovernment may either by rules or by general or special order, provide for the grant of pass or permit bysuch authority as may be specified.

(7) Upon the issue of a notification referred to in sub-section (4), the authority granting a licenceunder this Act may in so far as it relates to a prohibition area cancel it forthwith without notice, and it shallthereupon remit a sum equal to the amount of the fee payable in respect of the unexpired period of thelicence , and refund any fee paid in advance or deposit made by the licensee in respect thereof , less theamount, if any, due to the State Government , but no compensation shall in respect of such cancellation bypayable to the licensee, anything contained in section 35 notwithstanding.

(8) Where any licence is cancelled under sub-section (7) the licensee shall dispose of theintoxicants in his possession in such manner as the State Government or the Excise Commissioner may bygeneral or special order direct:

Provided that no act done or omission taking place during the period commencing on May 1, 1972and ending with June 25, 1978 which would not be an offence but for such substitution shall constitute andoffence punishable under the principal Act.

5. Validation - Notwithstanding any judgement, decree or order of any court to the contraryanything done or purporting to have been done, and any action taken or purporting to have been takenunder the provisions of the principal Act, before the commencement of this section shall be valid and bedeemed always to have been valid as if the provisions of the principal Act as amended by this Act wereinforce at all material times.

6. Repeal and savings - (1) The Uttar Pradesh Excise (Third Amendment) Ordinance, 1978, ishereby repealed.

(2) Notwithstanding such repeal anything done or any action taken under the provisions of theprincipal Act as amended by the said Ordinance shall be deemed to have been done or taken under thecorresponding provisions of the principal Act as amended by this Act as if this Act were in force at allmaterial times.

THE UTTAR PRADESH EXCISE (AMENDMENT )ACT, 1979(U.P. Act No. of 1979 )

[* Authoritative English Text of the Uttar Pradesh Aabkari (Sanshodan ) Adhiniyam, 1979 ( UttarPradesh Adhiniyam Sankya 13 of 1979]

An Act further to amend the United Provinces Excise Act, 1910It is hereby enacted in the Thirtieth Year of the Republic of India as follows:-1. Short title and commencement - (1) This Act may be called the Uttar Pradesh Excise

(Amendment) Act, 1979.2. Sections 3 and 5 shall be deemed to have come into force on August 16, 1972, sections 2,4,6,9

and 10 shall be deemed to have come into force on November 30, 1978 and the remaining sections shallcome into force at once.

2. Amendment of section 28 of U.P. Act No. 4 of 1910- In section 28 of the U.P. Excise Act,1910 (hereinafter referred to as the principal Act) in sub-section (3), in clause (a), for the figure and words"2 perliter" occurring against item 2(a) in the table, the figure and words "4 per litre " shall be substituted.

3. Amendment of section 30- In section 30 of the principal Act , for sub-section (2), thefollowing sub-section shall be substituted , namely:-

"(2) The sum payable under sub-section (1) may either be fixed by auction or invitingtenders or otherwise or be assessed on the basis of the sales made or quota lifted under the licence or partlyfixed and partly assessed in the aforesaid manner."

4. Amendment of section 40- In section of the principal Act, in sub-section (2), after clause (1)the following clause shall be inserted, namely :-

(m) for the grant of rewards to officials , officers or informers by the Collector out of andup to fifty percent of composition fee and by the Magistrate trying the case, out of and up to fifty percent offine recovered under the Act."

5. Amendment of section 41- In section 41 of the principal Act, in clause ( c)-

(i) before Explanation (1), the following proviso shall be inserted namely :-" Provided that nothing contained in this clause shall be construed to prevent the State

Government from levying by notification made from time, any fee, including vend as part consideration forthe granting of any such privilege."

(ii) for Explanation (2), the following Explanation shall be substituted , namely :-"(2) The manner of fixing such fee or consideration includes any one or more of the

following manners, namely-

(i) auction ,(ii) invitation of tenders,(iii) assesment on the basis of sales made or quota lifted under the licence , permit orpass".

6. Amendment of section 60- In section 60 of the princiapl Act, afer sub-section (2), thefollowing sub-section shall be inserted,

"(3) Whoever, in contravention of this Act or any rule or order made thereunder, consumes anyintoxicant, shall be punished with fine which shall not be less than five hundred rupees and which mayextend to one thousand rupees.'

"(2) Where anything or animal is seized under any provision of this Act and the Collector issatisfied for reasons to be recorded that an offence has been committed due to which such thing or animalas become liable to confiscation under sub-section (1), he may order confiscation of such thing or animalwhether or not a prosecution for such offence has been instituted:

Provided that in the case of anything (except an intoxicant) or animal referred to in sub-section(1), the owner thereof shall be given an option to pay in lieu of its confiscation such fine as the Collectorthinks adequate not exceeding its market value on the date of its seizure.

(3) Where the Collector on receiving report of seizure or on inspection of the seized thing,including any animal, cart, vessel or other conveyance, is of the opinion that any such thing or animal issubject ot speedy wear and tear or natural decay or it is otherwise expedient in the public interest so to do,he may order such thing (except and intoxicant) or animal to be sold at the market price by auction orotherwise.

(4) Where any such thing or animals is sold as aforesaid, and

(a) no order of confiscation is ultimately passed maintained by the collector under sub- section(2) or on review under sub-section (6); or

(b) an order passed on appeal under sub-section (7) so requires; or(c) in the case of prosecution being instituted for the offence in respect of which the thing or the

animal is seized, the order of the Court so requires;

the sale proceeds after deducting the expenses of the sale shall be paid to the person found entitledthereto.

(5) (a) No order of confiscation under this section shall be made unless the owner thereof or theperson from whom it is seized is given -

(i)a notice in writing informing him of the grounds owhich such confiscation is proposed ;(ii) an opportunity of making a representation in writing within such reasonable time asmay be specified in the notic; and(iii) a reasonable opportunity of being heard in the matter.

(b) Without prejudice to the provisions of clause (a) no order confiscating any animal, cart ,vessel, or other conveyance shall be made if the owner thereof proves to the satisfaction of the Colletor thatit was used in carrying the contraband goods without the knowledge or connivance of the owner, his agent,if any, and the person-in-charge of the animal, cart , vessel or other conveyance and that each of them hadtaken all reasonable and necessary precautions against such use.

(6) Where on an application in that behalf being made to the Collector within one month from anyorder of confiscation made under sub-section (2), or as the case may be after issuing notice on his ownmotion within one month from the order under the sub-section refusing confiscation to the owner of thething or animal seized or to the person from whose possession it was seized, to show cause why the ordershould not be reviewed, and after giving him a reasonable opportunity of being heard, the Collector issatisfied that the order suffers from a mistake apparent on the face of the record including any mistake oflow, he may pass such order on review as he thinks fit.

(7) Any person aggrieved by an order of the confiscation under sub-section (2) or sub-section (6)may, within one month from the date of the communication to him of such order, appeal to such judicialauthority as the State Government may appoint in this behalf and the judicial authority shall, after givingan opportunity to the appellant to be heard, pass such order as it may think fit, confirming modifying orannulling order appealed against.

(8) Where a prosecution is instituted for the offence in relation to which such confiscation wasordered the thing or animal shall subject to the provisions of sub-section (4) be disposed of in accordancethe order of the Court.

(9) No order of confiscation made by the Collector under this section shall prevent the inflictionof any punishment to which the person affected thereby may be liable under this Act."

8. Insertion of new section 73-A- After section 73 of the principal Act, the following sectionshall be inserted, namely

"73-A. Order for destroying confiscated intoxicants- Where any intoxicant is confiscated undersection 72 or section 73 the Collector may subject to any order passed in that behalf by any court if in hisopinion it is expedient to do so, order the intoxicant to be destroyed any thing to the contrary in the Act,notwithstanding:

Provided further that adequate sample of the intoxicant shall be preserved to meet the evidentiaryrequirements."

9. Amendment of section 74- In section 74 of the principal Act after sub-section (1) thefollowing sub-section shall be inserted, namely:-

"(1-A) Any officer specially empowered by the State Government in that behalf may subject toany general or special order of the State Government compound, whether before or after the institution ofthe prosecution any offence punishable under clause (a) of sub-section (1) of section 50, section 63, wherethe quantity of the intoxicant involved does not exceed the quantity notified by the State Government inthat behalf, or any offence punishable under sub-section (3) of section 60, on payment of such sum ofmoney as composition fees as he thinks fit, which shall not be less than fifty rupees and which may extendto three hundred rupees where any such offence is committed bya person for the first time."

10. Amendment of section 77- In section 77 of the principal act, the following proviso shall beinserted at the end , namely:-

" Provided that notwithstanding anything to the contrary contained in this section or in anyjudgement, decree order, the Notification Nos. 3514-E/XIII-331-78 and 1227-E/XIII-332-78, both datedApril 17, 1978, made by the State Government in exercise of the powers under sections 28 and 29 and theamendments made by the aforesaid notification shall have effect and be deemed always to have effect onand from April 1, 1978."

11. Repeal and savings- (1) The Uttar Pradesh Excise (Amendment) Ordinance, 1979, (U.P.Ordinance No.4 of 1979) is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the provisions of theprincipal Act as amended by te

Ordinance specified in sub-section (1) or by the UIttar Pradesh Excise (Fourth Amendment)Ordinance, 1978,(U.P. Ordinance No.28 of 1978) shall be deemed to have been done or taken under thecorresponding provisions of the principal Act as amended by this Act as if this Act were in force at allmaterial times.

THE UTTAR PRADESH EXCISE (AMENDMENT ) ACT, 1983(U.P. Act No. 23 of 1983 )

(As passed by the Uttar Pradesh Legislature )

C O N T E N T S

Sections Sections

1. Short title and commencement 3. Repeal and saving.2. Amendment of Section 28 of U.P. Act

No. IV of 1910

An Act further to amend the United Provinces Excise Act, 1910

It is hereby enacted in the Thirty-fourth Year of the Republic of India as follows: -

1. Short title and commencement - (1) This Act may be called the Uttar Pradesh excise(Amendment)Act, 1983.

(2) It shall be deemed to have come into force on May 9, 1983.

2. Amendment of Section 28of U.P.Act No. IV of 1910- In Section 28 of the U.P. Excise Act,1910, hereinafter referred to as the principal Act, in sub-section (3), in clause (b), for the figures and words"2 per litre of alcohol" occurring against items 1 and 2 in the table, the figure and words "5 per litre ofalcohol" shall be substituted.

3. Repeal and saving-(1) The Uttar Pradesh Excise (Amendment ) Ordinance, 1983 (U.P.Ordinance No. 27 of 1983), is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the provisions of theprincipal Act, as amended by the Ordinance referred to in sub-section (1), shall be deemed to have beendone or taken under the corresponding provisions of the principal Act as amended by this Act, as if theprovisions of this Act were in force at all material times.

THE UTTAR PRADESH EXCISE (AMENDMENT) ACT, 1984 (U.P. Act No. 23 or 1984)

(As passed by the Uttar pradesh Legislature)

An Act further to amend the United provinces excise Act, 1910

It is hereby enacted in the Thirty-fifth Year of the Republic of India as follows:-

1. Short title and commencement - (1) This Act may be called the Uttar Pradesh Excise(Amendment) Act , 1984.

(2) It shall be deemed to have come into force on April 1, 1983.

2. Amendment of Section 77 of U.P. Act No. IV of 1910- In Section 77 of the United ProvincesExcise Act, 1910, hereinafter referred to as the principal Act, after the proviso thereto, the followingproviso shall be added, namely:

"Provided further that notwithstanding anything to the country contained in this section, or in anycontract, judgement, decree or order, the Notification No. 3842-E/XIII-512-83, dated May 25, 1983, madeby the State Government in exercise of the powers under Section 30 shall have effect and be deemedalways to have effect on and from April 1, 1983."

3. Repeal and saving- (1) The Uttar Pradesh Excise (Amendment) Ordinance, 1984 (U.P.Ordinance No. 12 of 1984), is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the Principal Act asamended by the Ordinance referred to in sub-section (1), shall be deemed to have been done or taken underthe corresponding provisions of the principal Act as amended by this Act, as if the provisions of this Actwere in force at all material times.

THE UTTAR PRADESH EXCISE (AMENDMENT) ACT, 1985(U.P. Act No. 7 of 1985)

(As passed by the Uttar Pradesh Legislature )An Act further to amend the U.P. Excise Act, 1910

It is hereby enacted in the Thirty -sixth Year of the Republic of India as follows:

1. Short title - This Act may be called the Uttar Pradesh Excise (Amendment) act, 1985.

2. Insertion of new Section 38-A in U.P. Act No. 4 of 1910- After Section 38 of the U.P. ExciseAct, 1910, the following section shall be inserted, namely:-

"38- A. Interest on arrears of excise revenue - (1) where any excise revenue has not been paidwithin three months from the date on which it becomes payable, interest at such rate not exceeding twenty-four percent per annum, as may be prescribed, shall be payable from the date such excise revenue becomespayable till the date of actual payment.

Provided that until a higher rate is prescribed, the rate of interest will be eighteen percent perannum:

Provided further that in respect of an excise revenue which become payable before thecommencement of the Uttar Pradesh Excise (Amendment). Act, 1985 interest at the said rate shall bepayable from the date fo such commencement if the excise revenue is not paid within 3 months of the saiddate.

Explanation - Nothing in this sub-section shall be construed to affect act the payment of interestunder an agreement, the terms of an auction or, a decree of the court, passed before the date ofcommencement of the Uttar Pradesh Excise (Amendment ) Act, 1985or which may be passed after the dateof such commencement, in suits or proceeding field before the said date.

(2) Provisions of Section 39 shall mutatis mutandis apply to relation such interest as they apply torealization of excise revenue.'

THE UTTAR PRADESH EXCISE (AMENDMENT) ACT,1989[U.P Act No.5 of 1989]

(As passed by the Uttar Pradesh Legistature)

CONTENTSSections Sections1.Short title and commencement. 3.Repeal and saving2.Amendment of section 28 U.P. Act No.4 of1910

An Act further to amend the united provinces Excise Act, 1910It is hereby enacted in the FortiethYear of the Republic of India as follows:

1.Short title and commencement-(1) This Act may be called the Uttar Pradesh Excise(Amendment) Act, 1989.

(2)It shall be deemed to have come into force on October 27,1988.NOTES

There is a clear distinction between an Act coming into operation and the commencement of theAct. The date of coming into operation and the commencement of the Act. The date of coming intooperation is not necessarily the commencement,(1969) 1 SSC 206.

2. Amendment of Section 28 of U.P. Act No.4 of 1910- In Section 28 if the United ProvincesExcise Act, 1910,hereinafter referred to as the principal Act, in sub-section (3),-

(i) in clause (a), for the figure and words "4 per litre", occurring against item 2(a) in thetable, the figure and words "5 per litre" shall be substituted;

(ii) in each of the clauses 9c), (d) and (e), for the figure and words "5per litre "shall besubstituted

3.Repeal and Saving -(1) The Uttar Pradesh Excise (Amendment) Ordinance, 1988 (u.P.Ordinance No. 15 of 1988), is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the provisions of theprincipal Act, as amended by the Ordinance referred to in sub-section (1), shall be deemed to have beendone or taken under the corresponding provisions of the principal Act, as amended by this Act, as if theprovisions of this Act were in force at all material times.

THE UTTAR PRADESH EXCISE (AMENDMENT) ACT, 1986[U.P. Act No. 19 of 1986]

(As passed by Uttar Pradesh Legislature )C O N T E N T S

Sections Sections1.Short title and commencement. 3.Repeal and saving2.Amendment of section 28 U.P. Act No.4 of1910

An Act further to amend the U.P. Excise Act, 1910It is hereby enacted in the Thirty-seventh Year of the Republic of India as follow:-1. Short title and commencement - (1) This Act may be called the Uttar Pradesh Excise

(Amendment) Act, 1986(2) it shall be deemed to have come into force on April 26,1986

2.Amendment of Section 28 of U.P Act No.4 of 1910- In Section 28 of the U.P Excise Act, 1910hereinafter referred to as the principal Act, in sub-section (3), -

(i)in clause (b) for the figure and words, "5.00 per litre of alcohol";occuring againstitems1 and 2 in the table appended to the said clause, the figure and words "20.00 per litre ofalcohol" shall be substituted;

(ii) in clause (d), for the figure and words, "14 per kg."Occuring against item 4 in thetable appended to the said clause, the figure and words, "25 per kg," shall be substituted.

3.Repeal and savings-(1) The Uttar Pradesh Excise (Amendment) ordinance, 1986 (U.P.Ordinance No. 5 of 1986), is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the provisions of theprincipal Act, as amended by the Ordinance referred to in sub-section (1), shall be deemed to have been

done or taken under the corresponding provisions of the principal Act, as amended by this Act were inforce at all material times.

THE UTTAR PRADESH EXCISE RULES (AMENDMENT Act, 1989[U.P. Act No.20 of 1989]

(As passed by the U.P Legislature)

An Act further to amend the U.P. Excise Rules published with the Board of Revenue. U.P Notification No.423/V-294-B, dated September 26,1910

It is hereby enacted in the Fortieth Year of the Republic Of India as follows:-1.Short title- This Act may be called the Uttar Pradesh Excise Rules (Amendment) Act, 19892.Amendment of Rule 6 of the rules under the heading "Fees" of the U.P Excise Rules- In the

U.P Excise Rules, published with the Board of Revenue, U.P Notification No.423/V-294-B, datedSeptember 26, 1910 in the rules under the heading "Fees" as substituted by the Uttar Prdadesh Excise (FirstAmendment) Rules,. 1984, in Rule 6, after sub- rule (15), the following sub-rule shall be inserted and shallbe deemed to have been inserted on February 23,1989,namely:-

"(16) Notwithstanding anything contained in this rule, where the Excise auction for thefinancial year 1989-90 purported to have been made under these rules (under the heading "Fees"),-

(a) has been finally accepted by the Excise Commissioner before August 5,1989 and aperson in whose favour the auction was made has an amount equivalent to the security requiredunder this rule, whether in cash or by Bank draft or in the form of fixed deposit receipt from anyScheduled Bank duly pledged to the Collector or in the form of Bank guarantee, on or before June30,1989 such payment shall be deemed to be3 valid security for due performance of the contractpaid within the time specified in this rule, as if such manner and time for payment of securitywere prescribed in sub-rules (8) and (9) at all material times;

(b)has not been so accepted by the Excise Commissioner the provisions of clause (b) of sub-rule (8) of Rule 7 shall not apply to the person in whose favor the auction was made,on the ground that he had committed any default relating to such auction."

THE UTTAR PRADESH EXCISE (AMENDMENT ) ACT, 1990[ U.P. Act No. 1 of 1990]

( As passed by the U.P. Legislative)CONTENTS

Sections Section1. Short title and commencement. 3. Repeal and savings2. Amendment of Section 28 of U.P. Act No. IV of 1990.

An Act further to amend the U.P. Excise Act, 1910

It is here enacted in the Fortieth Year of the Republic of India as follows:-1. Short title and commencement- (1) This Act may be called the Uttar Pradesh Excise

(Amendment) Act, 1990.

(2) It shall be deemed to have come into force on December 23, 1989.2. Amendment of Section 28 o U.P. Act No. IV of 1910- In Section 28 of the U.P. Excise Act,

1910, hereinafter referred to as the principal Act, after sub-section (3), the following sub- section shall beinserted , namely:-

"(4) Notwithstanding anything contained in sub-section (3), the maximum rate of duty on Ale,beer, porter, cider and other fermented liquors occurring against item2 (a) in the table, in clause (e) of sub-section (3) shall be deemed to be Rupees 5 per litre with effect from June 4, 1975 and any notification

issued on or after June 4, 1975 which is in conformity with the provisions of this sub-section shall bedeemed to be, and always to have been, valid and lawful as if the provisions of this sub-section were inforce at all material times."

3. Repeal and savings -(1) The Uttar Pradesh Excise (Amendment) Ordinance, 1989 (U.P.Ordinance No.21 of 1989), is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the provisions of theprincipal Act, as amended by the Ordinance referred to in sub-section (1) , shall be deemed to have beendone or taken under the corresponding provisions of the principal Act as amended by this Act, as if theprovisions of this Act were in force at all material times.

THE UTTAR PRADESH INTOXICATING LIQUOR (OBJECTIONABLE ADVERTISEMENTS )ACT, 1976

[U.P. Act No. 3 of 1976](As passed by the Uttar Pradesh Legislature)

An Act to prohibit the advertisement of liquor by cinematographic exhibition and on walls,buildings and hoardings in public places, and to provide for matters connected therewith.

It is hereby enacted in the Twenty-seventh Year of the Republic of India as follows:-Prefatory Note - Statement of Objects and Reasons- The evil of drinking, specially its

prevalence among backward and poor classes, and its evil effects on their economic condition are too well-known. Article 47 of the Constitution provides that the State shall endeavor to bring about prohibition ofthe consumption of intoxicating drinks and drugs. The State Government have decided, as a further steptowards total prohibition, to ban immediately all advertisements soliciting the use of or offering for saleany intoxicating liquor.

2. As the State Legislature was not in session the Uttar Pradesh Intoxicating Liquor(Objectionable Advertisements) Ordinance, 1975, was promulgated on October 25, 1975, to carry out theabove purpose.

3. In the meantime President's rule was imposed in the State on November 30, 1975 and onaccount of the commencement of the session of Parliament on January 5, 1976, the said Ordinance wouldhave ceased to operate on February 16, 1976. It was, therefore, repealed by the Uttar Pradesh IntoxicatingLiquor (Objectionable Advertisements) Ordinance, 1976, Promulgated on February 16, 1976.

4.This bill is being introduced to replace the said Ordinance No. 6 of 1976.1. Short title, extent and commencement-(1) This Act may be called the Uttar Pradesh

Intoxicating Liquor ( Objectionable Advertisements) Act, 1976.(2) It extends to the whole of Uttar Pradesh.(3) It shall be deemed to have come into force on November1,1975.(4) 2. Definitions - In this Act, unless the context otherwise requires-(a) " Advertisement" includes any printed, cyclostyled, type-written, hand written or painted

matter or a design or pictorial representation and also includes the distribution or display of such matter,design or representation on any wall, building or hoarding in a public place or an announcement by meansof producing or transmitting light or sound, whether by cinematographic exhibition, neon signs orotherwise;

(b) "Excise Inspector" or other " Excise Officer" means an Excise Inspector or Excise Officerappointed under Section 10 of the United provinces Excise Act, 1910 (U.P. Act IV of 1910);

(c) " Intoxicating liquor " does not include a drug a drug as defined in the Drugs and CosmeticsAct, 1940 (Act XXIII of 1940).

3. Prohibition of advertisements relating to liquor - No person shall publish or cause to bepublished any advertisement, which solicits the use of, or offers for sale any intoxicating liquor.

Explanation - A sign-board on any premises in which intoxicating liquor is manufactured or soldor offered for sale indicating merely that such liquor is manufacture, or sold or offered for sale in thosepremises, and any catalogue or price list of such liquor kept or maintained in such premises, shall notamount ot the publication of such an advertisement.

4. Presumption - Where any advertisement relating to an intoxicating liquor has been publishedin contravention of Section 3, it shall be presumed, unless the contrary is proved, that the person on whosebehalf it purports to have been published is the person who has published it or caused it to be published.

5. Power of inspection and seizure of material object obtaining published advertisements-(1) Subject to the provisions of any rules made in this behalf, any Excise Officer not below the rank ofExcise Inspector may-

(a) enter and search at all reasonable times with such assistance , if any, as he considersnecessary, any place in which he has reason to believe that an offence punishable under this Acthas been or is being committed;

(b) seize and detain any article used for purposes of an advertisement which he hasreason to believe contravenes any of th eprovisions of this Act;

(c) examine any record, register, document or any other material object found in anyplace mentioned in clause (a) seize the same if he has reason to believe that it may furnishevidence of the commission of an offence punishable under this Act.

(2) Where any officer seizes any property under sub-section (10 such seizure shall be reportedto a Magistrate forthwith, and the provisions of Chapter XXXIV of the Code of Criminal Procedure, 1973(Act 2 of 1974), shall apply to the custody and disposal thereof as they apply to property referred totherein.

6. Penalty- Any person who contravenes the provisions of Section 3 shall, on conviction, bepunishable with imprisonment which may extend to six months or with fine or with both.

7. Offences by Companies - (1) If the person committing an offence under this Act is a company,the company as well as every person-in-charge of and responsible to the company for the conduct of itsbusiness at the time of the commission of the offence shall be deemed to be guilty or fht offence and shallbe liable to be proceeded against and punished accordingly:

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act hasbeen committed by a company and it is proved that the offence was committed with the consent orconnivance of , or is attributable to any neglect on the part of any managing agent , secretary, treasurer,director, manager, or other officer of the company such managing agent, secretary, treasurer, director,manager or other officer of the company shall also be deemed to be guilty of that offence and shall beliable 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.

8. Investigation of offence-(1) An Excise Officer not below the rank of Excise Inspector mayinvestigate any offence under this Act committed within the limits of the area in which he exercisesjurisdiction and shall have in respect of such investigation the same powers as an officers - in charge of apolice station has in a cognizable case under the provisions of Chapter XII of the Code of CriminalProcedure, 1973 (Act 2 of 1974) and may in particular make such investigation without an order of aMagistrate.

(2) In other respects, the provisions of the said code relating to arrests , searches , search warrants,production of persons arrested and investigation of offences shall, so far as may be , apply to all actionstake in these respects under this Act.

9. Protection of action taken in good faith- No suit, prosecution or other legal proceeding shalllie against any person for anything which is in good faith done or intended to be done under this Act.

10. Power to compound offences-(1) The District Magistrate may accept from any person,against whom a reasonable suspicion

exists that he has committed any offence punishable under this Act such sum of money as hethinks fit by way of composition for the offence which such person is suspected to have committed.

(2) On the payment of such sum of money to the District Magistrate, the suspected person, if incustody, shall be discharged and no other proceedings shall be taken against him.

(3) The provisions of this section shall apply also where a prosecution or an appeal againstconviction of an offence under this Act is pending, and in such a case the composition of such an offenceunder this section shall have the effect of acquittal of an accused with whom the offence has beencompounded.

11. Power to make rules - The State Government may, by notification in the Gazette, make rulesfor carrying out the purposes of this Act.

12. Repeal and savings-(1) The Uttar Pradesh Intoxicating Liquor (ObjectionableAdvertisements ) Ordinance , 1976 (U.P. Ordinance No. 6 of 1976), is hereby repealed.

(2) Notwithstanding such repeal or the repeal of the Uttar Pradesh Intoxicating Liquor(Objectionable Advertisements) Ordinance, 1975 (U.P. Ordinance No. 33 of 1975), by the aforesaidOrdinance of 1976 anything done or any action taken under the said Ordinances shall be deemed to havebeen done or taken under this Act, as if this Act were in force at all material times.

EXTRACT FROM THE [UTTAR PRADESH] GENERAL CLAUSES ACT, 1904[As amended by U.P. Act 54 of 1975]

An Act to consolidate and extend the [ Uttar Pradesh ] General Clauses Act 1887 and 1896It is hereby enacted as follows: -

General Definition

4. Definitions - In all Uttar Pradesh Acts, unless there is anything repugnant in the subject orcontext-

(1) "abet" with its grammatical variations and cognate expressions , shall have the same meaningas in the Indian Penal code;

(2) "act" used with reference to an offence or a civil wrong, shall include a series of acts, andwords which refer to acts done extend also to illegal omissions;

(7)"Board of Revenue " shall mean the Board of Revenue for the Uttar Pradesh;(7-A) " Central Act" shall have the same meaning as in the General Clauses Act, 1987;(7-B) "Central Government" shall have the same meaning as in the General Clauses Act, 1987;(8) " Chapter" shall mean a chapter of the Act in which the word occurs;(9) "Collector" shall mean the Chief Officer-in-charge of the revenue administration of a district

and shall include a Deputy Commissioner and the Superintendent, Dehradun;(10) "Commencement " used with reference to an Act, shall mean the day on which the Act comes

into force;

(11) "Commissioner" shall mean the Chief Officer-in-charge of the revenue administration of aDivision;

(11-A) "Constitution" Shall mean the Constitution of India;(12-A) "District Magistrate" shall mean as person appointed as such under sub-section (1) of

Section 20 of the Code of Criminal Procedure, 1973 and shall include the Deputy Commissioner of aDistrict;

(13) "document " shall include nay matter written , expressed or described upon any substance bymeans of letters, figures or marks or by more than one those means , which is intended to be used, or whichmay be used for the purpose of recording that matter;

(16)"financial year"shall mean the year commencing on the first day of April;(17) "good faith" a thing shall be deemed to be done in "good faith " where it is in fact done

honestly, whether it is done negligently or not;(18) "Gazette" shall mean the offical Gazette for [Uttar Pradesh];

(19) "goods" shall include all materials , commodities and articles and shall also includeelectricity;

(19-A) Government" shall include the Central Government and any State Government;

(19-B) "Government securities" shall mean securities of the Central Government or of any StateGovernment;

(19-C) "the Governor" shall mean the Governor of Uttar Pradesh;

(23) "imprisonment" shall include land, benefit to arise out land and things attached to the earth,or permanently fastened to anything attached to the earth, but shall not include standing timber, growingcrops or grass;

(24) "imprisonmen" shall mean imprisonment either description defined in the Indian PenalCode;

(24-A) "legal representative" shall have the same meaning as in the Code of civil Procedure,1908;

(27) "Magistrate" Shall include every person exercising all or any of the powers of a Magistrateunder the Code of Criminal Procedure for the time bing in force;

(28) "month" shall mean a month reckoned according to the British Calendar;

(29) "Movable property' shall mean property of every description, except immovable property;

(29-A) "notification" or " public notification " shall mean a notification published in the Gazetteof the State, and the word "notification" shall be construed accordingly;

(31) "offence" shall mean an act or omission made punishable by any law for the time being inforce;

(32) "Part" shall mean a part of the Act or Regulation in which the word occurs;

(33)"person" shall include any company or association or body of individuals, whetherincorporated or not;

(33-A) " Prescribed" shall mean prescribed by the rules made under the Act in which the wordoccurs;

(33-B) "public" shall include any class or section of the public;

(37) "rule " shall mean a rule made in exercise of a power conferred by an enactment , and shallinclude a regulation made as a rule under any enactment;

(38) " schedule" shall mean a schedule to the Act or Regulation in which the word occurs;

(39) "scheduled bank" shall mean a bank included in the Second Scheduled to the Reserve Bankof India Act, 1934;

(40) "section " shall mean a section fo the Act or Regulation in which the word occurs;(42-A) "the State" shall mean the State of Uttar Pradesh , and as respects any period before the

commencement of the Constitution , shall include the United Provinces;

(42-C) the State Government" shall mean the Government of Uttar Pradesh , and as respectfunction entrusted under Article 258-A of the Constitution to the Central Government shall include theCentral Government acting within the scope of the authority given to it under that Article;

(43) " sub-section" shall mean a sub-section of the section to which the word occurs;

(45) "Uttar Pradesh " shall mean all territories for the time being comprised in the territory ofUttar Pradesh under the Constitution ;

(47) "vessel" shall include any ship or any other description of vessel used in navigation ;

(49) expression referring to "writing" shall be construed as including references to printing,lithography, photography, and other modes of representing or producing words in a visible form;

(50) "Year" shall mean a year reckoned according to the British calendar;

4-A Grammatical Variation and cognate expressions -In every Uttar Pradesh Act, when a wordis defined-

(a) the definition shall apply unless the context of the Act otherwise require;(b) grammatical variations of that word and cognate expression shall have corresponding

meanings.

GENERAL RULES OF CONSTRUCTION

5. Coming into operation of enactment -(1) Where any Uttar Pradesh Act is not expressed tocome into operation on a particular day then-

(a) in the case of an Uttar Pradesh Act made before the commencement of theConstitution, it shall come into operation , if it is an Act of the Legislature , on the day on whichthe assent thereto of the Governor, the Governor- General or His Majesty, as the case may require, is first published in the official Gazette, and , if it is an Act of the governor on the day on whichit is first published as an Act in the official Gazette;

(b) in the case of an Uttar Pradesh Act made after the commencement of the Constitution, it shall come into operation on the day on which the assent thereto of the Governor or thePresident, as the case may require , if first published in the official Gazette.

(20) Unless the contrary is expressed, an Uttar Pradesh Act shall be construed as coming intooperation immediately on the expiration of the day proceeding its commencement.

6. Effect of repeal - Where any Uttar Pradesh Act repeals any enactment hitherto made orhereafter to be made , then unless a different intentions appear, the repeal shall not -

(a) revive anything not in force or existing at the time at which the repeal takes effect; or

(b) affect the previous operation of any enactment so repealed or anything duly done orsuffered thereunder; or

(c) effect any right, privilege, obligation or liability acquired, accrued or incurred underany enactment so repealed;or

(d) affect any penalty, forfeiture or punishment incurred in respect of any offencecommitted against any enactment so repealed ; or

(e) affect any remedy, or any investigation or legal proceeding commenced before therepealing Act shall have come into operation in respect of any such right, privilege, obligation,liability, penalty, forfeiture or punishment as aforesaid;

and any such remedy may be enforced and any such investigation or legal proceeding may be continuedand concluded , and any such penalty forfeiture punishment imposed as if the repealed Act had not beenpassed.

9. Commencement and termination of time- In any Uttar Pradesh Act, it shall be sufficient, forthe purpose of excluding the first in a series of days or any other period of time, to use the word "from"and , for the purpose of including the last in series of days any other period of time, to use the word "to".

10. Computation of time - Where, by any Uttar Pradesh act any act or proceeding is directed orallowed to be done or taken in any Court or office on a certain day or within prescribed period, then, if theCourt of office is closed on that day or the last day of the prescribed period, the act or proceeding shall beconsidered as done or taken in due time if it is done or taken on the next day afterwards on which the Courtor office, is open:

Provided that nothing in this section shall apply to any act or proceeding to which the IndianLimitation Act, 1877, applies.

10-A. Marginal notes not part of Act- Marginal notes to any provisions of an Uttar Pradesh Actand the reference to the number and year of any former enactment against any such provision shall bedeemed to have been inserted for convenience of reference only and shall not form part of the Act.

12. Duty to be taken pro rata in enactmets - Where, by any Uttar Pradesh Act, any duty ofcustoms or excise , or in the nature thereof is livable on any given quantity, by weight, measure or value ofany goods of merchandise, then a likfe duty is livable according to the same rate on any greater or a lessquantity.

13. Gender and number - In all Uttar Pradesh Acts , unless there is anything repugnant in thesubject or context-

(1) words importing the masculine gender shall be taken in include females ; and(2) words in the singular shall include the plural , and vice versa.

POWERS AND FUNCTIONARIES

14. Powers conferred on the Government to be exercisable from time to time- Where, by anyUttar Pradesh Act, any power is conferred [***] than that power may be exercised from time to time asoccasion requires.

21. Power to make, to include power to add to, amend, vary or rescind orders, rules or bye-laws- Where , by any Uttar Pradesh Act, a power to issue [statutory instruments] is conferred , then thatpower includes a power, exercisable in the like manner and subject to the like sanction and conditions ( ifany), to add, amend, vary or rescind any [statutory instrument] so issued.

22. Making of rules or by-laws and issuing of orders, between publication andcommencement of enactment- Where, by any Uttar Pradesh Act, which is not come into force on the dayon which it is first published in the official Gazette, a power is conferred [to issues statutory instruments]with respect to the application of the Act in exercise of any power exercisable thereunder or under anyenactment thereby amended or with respect to the establishment of any Court or office, or the appointmentof any ……(Sic)

23. Date of coming into effect of rules and control of Legislature over them- (1) All rulesmade by the State Government under an Uttar Pradesh Act shall, as soon as may be after they are made, belaid before each House of the State Legislature, while it is in session, for a total period of not less thanthirty days, which may comprised in one session or two or more successive sessions, and shall, unlesssome later is appointed, take effect from the date of their publication in the Gazette subject to suchmodifications or annulments as the tow Houses of the Legislature, may during the said period, agree tomake, so however, that any such modification or annulment shall be without prejudice to the validity ofanything previously done thereunder.

(2) Where any Central Act, in force in or applicable to Uttar Pradesh and relating to matters withrespect to which the State Legislature has power to make laws for Uttar Pradesh, confers power on theState Government ot make rules, thereunder, then subject to any express provisions to the contrary in suchAct, the provisions of sub-section (1) shall mutatis mutandis apply to the rules made by the StateGovernment in exercise of that power.

24. Continuation of appointment, notifications, orders, etc, issued under enactments repealand re-enacted- Where any enactment is repealed an re-enacted by an Uttar Pradesh Act, with or withoutmodification, then, unless it is otherwise expressly provided, any appointment, [or statutory instrument orform] made or issued under the repealed enactment shall, so far as it is not inconsistent with the provisionsre-enacted, continue in force, and be deemed to have been made or issued under the provisions so re-enacted, unless and until it is superseded by any appointment, notification , order, scheme, rule, form orbye-law made or issued under the provisions so re-enacted.

MISCELLANEOUS

25. Recovery of fines - Sections 63 to 70 of the Indian penal Code and the provisions of the Codeof criminal Procedure for the time being in force in relation to the issue and the execution of warrants forthe levy of fines shall apply to all fines imposed under any [Uttar Pradesh] Act or any rule or bye-law madeunder any [ Uttar Pradesh] Act, unless the Act, rule or by-law contains an express provision to thecontrary.

26. Provision as to offences punishable under two or more enactment- Where an act oromission constitutes an offence under two or more Uttar Pradesh Acts, then the offender shall be liable tobe prosecuted and punished under or any of those enactments, but shall not be liable to be punished twicefor the same offence.

27. Meaning of Service by Post- Where any [Uttar Pradesh] Act authorizes or requires anydocument to be served by post, whether the expression 'serve" or either of the expressions "give" or "send"or any other expression is used, then, unless a different intention appears the service shall be deemed to beeffected by properly addressing, prepaying and posting by registered post, a letter containing document,and unless the contrary is proved, to have been effected at the time at which the letter would be deliveredin the ordinary course of post.

EXTRACT FROM THE CONTONMENTS ACT, 1924(2 of 1924)

[16th February, 1924]

An Act to consolidate and amend the law relating to the administration of contonment.

Whereas it is expedient to consolidate and amend the law relating to the administration ofcantonments;

It is hereby enacted as follows:

CHAPTER I

PRELIMINARY1. Short title, extend and commencement - (1) This Act may be called The cantonment Act,

1924,

(2) It is extends to [the whole of India ,[* *] [* ]*(3) The [Central Government] may, by notification in the [Official Gazette], direct that this Act,

or any provisions thereof which it may specify, shall come into force on such date as it may appoint in thisbehalf.

2. In this Act, unless there is anything repugnant in the subject or context:

(xix) "intoxicating drug" means opium, ganja, bhang, charas and any preparation or admixturethereof , and includes any other intoxicating substance , or liquid which the [Central Government][* * *] may, by notification in the [ Official Gazette], declare to be an intoxicating drug for the purposesof this Act;

(xxi) " military officer" means a person who , being an officer within the meaning of the ArmyAct, 1950, the Navy Act, 1957 or the Air Force Act, 1950 is commissioned, gazetted or in pay as an officerdoing army, naval or air force duty with the army, navy or air force, or is an officer doing such duty in anyarmy branch or part of any of those forces;

(xxiv) " Officer Commanding the Area" means the Officer Commanding any one of the areas intowhich India is for military purposes for the time being divided, or any sub-area which does not form part ofany such area, or any area which the Central Government my , by notification in the Official Gazette,declare to be an area for all or any of the purposes of this Act;

[a] Clause (xxiv) substituted by the Cantonments (Amendment) Act (15 of 1983), Section 2 (m)(1-10-1983).

(xxiv-a) " Officer Commanding the Station " means the military officer for the time being incommand of the forces in a contonment, or, if that officer is the Officer Commanding the *[Area] orOfficer Cammanding-in-chief, the Cammand, the military officer who would be in command of thoseforces in the absence of the Officer Commanding the *[Area] and Officer Commanding-in-chief, theCommand;

(xxxv) " Soldier" means any person who is a soldier or a sailor or an airman subject to the ArmyAct, 1950, the Navy Act, 1957 or the Air Force Act 1950 as the case may be, and who is not a militaryofficer;

(xxxvi) " spirituous liquor" means any fermented liquor, any wine, or any alcoholic liquidobtained by distillation of the sap of any kind of palm tree, and includes any other liquid containing alcoholwhich the (Central Government) [***] may, by notification in [Official Gazette], declare to be a spirituousliquor for the purposes of this Act;

CHAPTER II

DEFINITION AND DELIMITATION OF CONTONMENTS

3. Definition of Cantonments - (1) The [Central Government] [****] may, by notification in the* [Official Gazette], declare any place or places in which any part of [the Forces] is quartered or which,being in the vicinity of any such place or places, is or are required for the service of such forces to becantonment for the purposes of the Act and of all other enactments for the time being in force, and [***]may, by a liked notification, declare that any cantonment shall cease to be a contonment.

(2) *[Central Government] [***] may, by a like notification, define the limits of any cantonmentfor the aforesaid purposes

*[(3) When any place is declared a contonment for the first time, the [Central Government] may ,until a Board is constituted in accordance with the provisions of this Act, by order make any provisionwhich appears necessary to *[it] either for the administration of the cantonment or for the constitution ofthe Board.]

*[(4) [Central Government] may, by notification in the [Official Gazette], direct that in any placedeclared a cantonment under sub-section (1) the provisions of any enactment relating to local self-government other than this Act shall have effect only to such extend or subject to such modifications, orthat any authority constituted under any such enactment shall exercise authority only to such extend, asmay be specified in the notification.]

4. Alteration of limits of cantonments- 910 The [Central Government0 [***] may [afterconsulting the State Government and the Board concerned] by notification in the [Official Gazette], declareits intention to include within [the cantonment] any local area situated in the [*] vicinity thereof or toexclude from [the cantonment] any local area comprised therein.

(2) Any inhabitant of a cantonment or local area in respect of which a notification has beenpublished under sub-section (1) may, within six weeks from the date of the notification, submit in writingto the [Central Government] through the Official Commanding-in-chief, the Command, an objection to thenotification, and the [Central Government] shall take such objection into consideration.

(3) On the expiry of six weeks from the date of the notification, the [Central Government] may[***] after considerating the objections, if any, which have been submitted under sub-section (2), bynotification in the [Official Gazette], include the local area in respect of which the notification waspublished under sub-section (1), or any part thereof, in the cantonment or, as the case may be, exclude sucharea or any part thereof from the cantonment.

5. The effect of including area in cantonment- When, by a notification under section 4, anylocal area is included in a cantonment such area shall thereuopn become subject to this Act and to all otherenactments for the time being in force throughout the cantonment and to all notifications, rules,regulations, bye-laws, orders and directions issued or made thereunder.

CHAPTER IVSPIRITUOUS LIQUORS AND INTOXICATING DRUIGS

56. Unauithorised sale of spirituous liquor or intoxicating drug- If within a cantonment, orwithin such limits adjoining a cantonment as the [Central Government] may by notification in the [OfficalGazette] define, any person not subject [Army, Navy or Air Force law] or any person subject to [Army,Navy or Air Force law] otherwise than as a military officer or a soldier knowingly barters, sells or supplies,or offers or attempts to barter, sell or supply, any spirituous liquor or intoxicating drug to or for the use ofany soldier or follower or soldier' wife or minor child without the written permission of the [ Officer

commanding the station ] or of some person authorised by the [Officer Commanding the station] to grantsuch permission, he shall be punishable with fine which may extend to [fine hundred rupees], or withimprisonment for a term which may extend to three months , or with both.

57. Unauthorised Possession of sprituous liquor- If within a cantonment, or within any limitsdefined under section 56.-

(a) any person subject to [Army, Navy or Air Force law] otherwise than as a militaryofficer or a soldier, or

(b) The wife or servant of any such person or of a solider has in his or her possession,except on behalf of the [Central Government] or for the private use of a military office, more thanone quart of any spirituous liquor, other than fermented malt-liquor, without the writtenpermission of the [Officer Commanding the station] or of some person authorised by the [Officercommanding the station] to grant such permission, he or she shall be unishable, in the case of afirst offence, with fine which may extend to [two hundred and fifty ruppes], and, in the case of asubsequent offenc, with imprisonment for a term which may extend to three months, or with finewhich may extend to [five hundred rupees].

58. Arrest of persons and seizure and confiscation of things for offences against the two lastforegoing sections - (1) Any police officer or excise officer may, without an order from a [JudicialMagistrate] and without a warrant, arrest any person whom he finds committing an offence under section56 or section 57 and may seize and detain any spirituous liquor or intoxicating drug in respect of whichsuch an offence has been committed and any vessels or coverings in which the liquor or drug is contained.

(2) Where a person accused of an offence under section 56 has been previously convicted of anoffence under that section, an officer-in-charge of a police station may, with the written permission of a[Judicial Magistrate], seize and detain any spirituous liquor or intoxicating drug within the cantonment orwithin any limits defined under that section which, at the time of the alleged commission of the subsequentoffence, belonged t, or was in the possession of, such person.

(3) The Court convicting a person of an offence under section 56 or section 57 may order theconfiscation of the whole or any part of anything seized under sub-section (1) or sub-section (2).

(4) Subject to the provisions of [Chapter XXXIV of the Code of Criminal Procedure, 1973],anything seized under sub-section (1) or sub-section (20 and not confiscated under sub-section (3) shall berestored to the person from whom it was taken.

59. Saving of articles sold or supplied for medicinal purposes- The foregoing provisions of thisChapter shall not apply to the sale or supply or any article in good faith for medicinal purposesby a medical Practitioner, chemist or druggist authorised in this behalf y a general or special order of the[Officer Commanding the station]

THE POISONS ACT, 1919(Act No. 12 of 1919)

[3rd September, 1919

An Act to consolidate and amend the law regulating the importation, possession and sale ofpoisons [***]

Whereas it is expedient to consolidate and amend the law regulating the importation, possessionand sale of poisons; [***] It is hereby enacted as follows:

1. Short title and extend - (1) This Act may be called the poisons Act Act, 1919.2[(2) It extends to the whole of India:

Provided that is shall not apply to the State of Jammu and Kashmir except to the extend to whichthe provisions of this Act relate to the importation into India of any specified poison].

2. Power of the State Government to regulate possession for sale and sale of any poison-(1)3[***] The state Government may be rule regulate within the whole or any part of the territories under itsadministration the possession for sale and the sale , whether wholesale or retails, of any specified poison.

(2) In particular and without prejudice to the generality of the foregoing power, such rules mayprovide for -

(a) the grant of licences to possess any specified poison for sale, wholesale or retail, andfixing of the fee ( if any) to be charged for such licences;

(b) the classes of person to whom alone such licences may granted;(c) the classes of person to whom alone any such poison may be sold;(d) the maximum quantity of any such poison which may be sold to any one person;(e) the maintenance by vendors of any such poison of registers of sales, the particulars to

be entered in such registered , and the inspection of the same;(f) the safe custody of such poisons and the labeling of the labeling of the vessels,

packages or coverings in which any such poison is sold or possessed for sale ; and(g) the inspection and examination of any such poison when possessed for sale by any

such vendor.3. Power to prohibit importation into India of any poison except under licence- The CentralGovernment may, by notification in he Official Gazette, prohibit, except under and in accordance with theconditions of a licence , the importation into '[India' ] [across any customs frontier 3defined by the CentralGovernment ] of any specified poison, and may by rule regulate the grant of licences.

4. Power to regulate possession of any poison in certain areas-(1) The State Government4[***] may by rule regulate the possession of any specified poison in any local area in which the use ofsuch poison for the purpose of committing murder or mischief by poisoning cattle appears to it to be suchfrequent occurrence as to render restriction on the possession thereof desirable.

(2) In making any rule under the-section (1), the State Government may direct that any breachthereof shall be punishable with imprisonment for a term which may extend to one year, or with fine whichmay extend to one thousand rupees or with both, together with confiscation of the poison in respect ofwhich the breach has been committed and of the vessels, packages or covering in which the same is found.

5. Presumption as to specified poisons- Any substance specified as a poison in a rule made ornotification issued under this Act shall be deemed to be poison for the purpose of thee Act.

6. Penalty for unlawful importation, etc-(10 whoever-(a) commits a breach of any rule made under

section 2 or(b) imports 5[***] without licence 6[into 7[ India ] across a customs frontier 8defined by

the Central Government any poision the importation of which is for the time being restrictedunder section 3, or

(c) breaks any condition of a licence for the importation fany poison granted tohim under section 3,

(i) On a first conviction, with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees or with both , and

(ii) on a second or subsequent conviction , with imprisonment for term which mayextend to six months, or with fine which may extend to one thousand rupees, or with both.(2) Any poison in respect of which an offence has been committed under this section, together

with the vessels, packages or coverings in which the same is found, shall be liable to confiscation.7. Power to issue search- warrants - (1) the District Magistrate, the Sub- Divisional Magistrate

and, in a presidency- town, the Commissioner or Police, may issue a warrant for the search of any place inwhich he has reason to believe or to suspect that nay poison is possessed or sold in contravention of thisAct or any rule thereunder, or that any poison liable to confiscation under this Act is kept or concealed.

(2) the person to whom the warrant is directed may enter and search the place in accordancetherewith , and the provisions of the Code of Criminal Procedure, 1898( 5 of 1898), relating to searchwarrants shall, as far as may be, be deemed to apply to the execution of the warrant.

8. Rules- (1) In addition to any other power to make rules hereinbefore conferred 1[***] the StateGovernment may make rules generally to carry out the purposes and objects of this Act 2[except section3].

(2) Every power to make rules conferred by this Act shall be subject to the condition of the rulesbeing made after previous publication.

(3) All rules made by the Central Government or by the State Government under this Act shall bepublished in the 3[Official Gazette] and on such publication shall have effect as if enacted in this Act.

(4) All rules made by the Central Government under this Act shall be laid, as soon as may be afterit is made, before each House of Parliament, while it is in session, for a total period of thirty days whichmay be comprised in one session or in two or more successive sessions, and if, before the expiry of thesession immediately following the session or the successive sessions aforesaid, both House agree inmaking any modification in the rule or both Houses agree that the rule should not be made, the rule shallthereafter have effect only in such modified form or be of no effect, as the case may be; so, however, thatany such modification or annulment shall be without prejudice to the validity of anything.(5)Every rule made by The State Government under this Act shall be laid as soon as may be after it is madebefore the State Legislature]._.9. Savings-(1) Nothing in this Act or in any licence granted or rule made there under shall extend to orinterfere with, anything done in good faith in the exercise of of his profession as such by a medical orveterinary practitioner. (2) Notwithstanding anything hereinbefore contained, the State Government [***] by general orspecial order declare that all or any of the provisions of this Act [except section 3] shall be deemed not toapply to any article or class of articles of commerce specified in such order, or to any poison or class ofpoisons used for any purpose so specified.

(3)The authority on which any power to ,make rules under this Act is conferred may, by generalor special order, either wholly or partially-

(a) exempt from the operation of any such rules , or(b) exclude from the scope of the exemption provided by sub- section(1).

any person or class of persons either generally or in respect of any poisons specified in the order.

THE PROBATION OF OFFENDERS ACT, 1958

1.Short title, extent and commencement-(1) This Act may be called the Probation of offendersAct, 1958.

(1) It extends to the whole of India except the Staste of Jammu and Kashmir.(2) It shall come into force in a state on such date as the State Government may, by

notification in the Officeal Gazette, appoint , and different dates may be appointed fordifferent parts of the State.

2.Definitions- In this Act,unless the context otherwise requirle,-

(a) "code" means the Code of Criminal Procedure, 1898 (5 of 1898);(b) "Probation officer" means an officer appointed to be a probation officer or recognised as such under

Section 13;(c) "prescribed" means prescribed by rules made under this Act;(d) words and expressions used but not defined in this Act and defined in the Code of Criminal

Procedure,1898(5of 1898), shall have the meanings respectively assigned to them in that Code.1. The words "in its discretion "rep.by the A.O.1937.2.Ins ibid.

3. Power of court to release certain offenders after admonition- When any person is foundguilty of having committed an offence punishable under Section 379 or Section 380 or Section381 orSection404 or Section 420 of to Indian Penal Code (45 of 1860) or any offence punishable withimprisonment for not more than two years, or with fine, or with both, under the Indian Penal Code or anyother law, and no previous conviction is proved against him and the court by which the person is foundguilty is of opinion that, having regard to the circumstances of the case including the nature of the offenceand the character of the offender, it is expedient so to do, then, notwithstanding anything contained in any

other law for the time being in force, the court may instead of sentencing him to any punishment orreleasing him on probation of good conduct under Section 4 release him after admonition.

Explanation- For the purpose o f this section, previous conviction against a person shall includeany previous order made against him under this section or Section 4.

4.Power of court to release certain offenders on probation of good conduct-(1) When anyperson is found guilty of having committed an offence not punishable with death or imprisonment for lifeand the court by which the person is found guilty I s of opinion that, having regard to the circumstances ofthe case including the nature of the offence and the character of the offender, it is expedient to release himon probation of good conduct, then, notwithstanding anything contained in any other law for the time beingin force, the court may, instead of sentencing him at once to any punishment, direct that he be released onhis entering into a bond, with or without sureties, to appear and receive sentence when called upon duringsuch period, not exceeding three years, as the court may direct, and in the meantime to keep the peace andbe of good behavior;

Provided that the court shall not direct such release of an offender unless it is satisfied that theoffender or his surety, if any, has a fixed place of abode or regular occupation in the place over which thecourt exercises jurisdiction or in which the offender is likely to live during the period for which he entersinto the bond.

(2) Before making any order under sub-section (1), the court shall take into consideration thereport, if any, of the probation officer concerned in relation to the case.

(3) When and order under sub-section (1) is made, the court may, if it is of opinion that in the interestsof the offender and of the public it is expedient so to do, in addition pass a supervision order directingthat the offender shall remain under the supervision of a probation officer named in the order duringsuch period, not being less that one year, as may be specified therein, and may in such supervisionorder impose such conditions as it deems necessary for the due supervision of the offender.

(4) The court making a supervision order under sub-station (3) shall requires the offender,before he is released, to enter into a bond, with o r without sureties to observe the conditions specified insuch order and such additional conditions with respect to reference, abstention from intoxicants or anyother matter as the court may, having regard to the particular circumstances, consider fit to impose forpreventing a repetition of the same offence of a commission of other offences by the offenders.

(5) The court making a supervision order under sub-section (3) shall explain to the offenderthe terms and conditions of the order and shall forthwith furnish one copy of the supervision order to eachof the offenders, the sureties, if any, and the probation concerned.

5.Power of court to require release of an offender under Section 3 or Section 4 may if it thinks fit,make at the same time a further order directing him to pay-

(a) such compensation as the court thinks reasonable for loss or injury causedto any person by the commission of the offence;and

(b) such costs of the proceedings as the court thinks reasonable.(2)The amount ordered to be paid under sub section (1) may be recovered as a fine inaccordance with the provisions of Sections 386 &387 of the code.(3) A civil court trying any suit, arising out of the same matter for which the offender isprosecuted, shall take into account any amount paid or recovered as compensation undersub-section (1) in awarding damages.

(6) Restrictions on imprisonment of offenders under twenty-one years of age- (1) When anyperson under twenty one years of age is found guilty of having committed an offence punishable withimprisonment (but not with imprisonment for life), the court by which the person is found guilty shall notsentence him to imprisonment unless it is satisfied, that having regard to the circumstances of the caseincluding the nature of the offence and the character of the offender, it would not be desirable to deal withhim under Section 3 or Section 4, and if the court passes any sentence of imprisonment on the offender,it shall record its reasons for doing so.

(2) For the purpose of satisfying itself whether it would not be desirable to deal underSection 3 or Section 4 with an offender referred to in sub- section(1) the court shall callfor a report from the probation officer and consider the report if any, and any otherinformation available to it relating to the character and physical and mental condition ofthe offender.

7. Report of probation officer to be confidential- The report of a probation officer referred insub-section (2) of section 4 or sub section (2) of Section 6 shall be treated as confidential;

Provided that the court many, if it so thinks fit, communicate the substance thereof to the offenderand may give him an opportunity of producing such evidence as may be relevant to the matter stated in thereport.

8. Variation of conditions of probation- (1) If, on the application of a probation officer, anycourt which passes an order under Section 4 in respect of an offender, is of opinion that in the interest ofthe offender and the public it is expedient or necessary to vary the conditions of any bond entered into bythe offender, it may a t any time during the period when the bond is effective, vary the bond is effective,vary the bond extending or diminishing the duration thereof so however, that it shall not exceed three yearsfrom three years from the date of the original order or by altering the conditions thereof or by interestingadditional conditions therein:

Provided that no such variation shall be made without giving the offender and the surety orsureties mentioned in the bond an opportunity of being heard.

(2) If any surety refuses to consent to any variation proposed to be mde under- sub-section (1), thecourt may required the offender to enter into a fresh bond and if the offender refuses to fails to do so, thecourt may sentence him for the offence of which he was found guilty.

(3) Notwithstanding anything hereinbefore contained, the court which passes an order underSection 4 in respect of an offender may, if it is satisfied on an application made by the probation officerthat the conduct of the offender has been such as to make in unnecessary that he should be kept any longerunder suppressions, discharge the bond or bonds entered into by him.

9. Procedure in case of offender failing to observe conditions of bond- (1) If the court whichpasses an order under Section 4 in respect of an offender or any court which could have dealt with theoffender in respect of his original offence has reason to believe n the report of a probation officer orotherwise, that the offender has failed to observe any of the conditions of the bond or bonds entered into byhim, it may issue a warrant for his arrest or may, if it thinks fit, issue summons to him and his sureties, ifany, requiring him or them to attend before it at such time as may be specified in the summons.

(2) The court before which an offender is so brought or appears may either remand him to custodyuntil the case is concluded or it may grant him bail, with or without surety, to appear on the date which itmay fix for hearing.

(3) If the court, after hearing the case, is satisfied that the offender has failed to observe any of theconditions of the bond or bonds entered into by him, it may forthwith-

(a) sentence him for the original offence; or(b) where the failure is for the first time, then, without prejudice to the continuance in

force of the bond, impose upon him a penalty not exceeding fifty rupees.(4) If a penalty imposed under clause (b) of sub-section (3) is not paid within such period as the

court may fix, the court may sentence the offender for the original offence.

10. Provision as to sureties - The provisions of Section 122, 126, 126-A 406-A, 514, 514-A, 514-B and 515 of the Code shall, so far as may be apply in the case of bonds and sureties given under this Act.

11. Courts competent to made order under th Act, appeal and revision and powers fo courtsin appeals and revision -(1) Notwithstanding anything contained in the code or any other law , an orderunder this Act may be made by any court empowered to try and sentence of offender to imprisonment andalso by the High Court or any other court when the case comes before it on appeal or in revision.

(2) Notwithstanding anything contained in the Code, where an order under Section 3 or Section 4is made by any court trying the offender (other than a High Court), and appeal shall lie to the court towhich appeals ordinarily lie from the sentences of the former court.

(3) In any case where any person under twenty-one years of age is found guilty of havingcommitted an offence and the court by which he is found guilty declines to deal with him under Section 3or Section 4, and passes against him any sentences imprisonment with or without fine from which noappeal lies or is preferred, then, notwithstanding anything contained in the Code or any other law, the courtto which appeals ordinarily lie from the sentences of the former court may, either of its own motion or onan application made to it by the convicted person or the probation officer, call for and examine the recordof the case and pass such order thereon as it thins fit.

(4) When an order has been made under Section 3 or Section 4 in respect of an offender, theAppellate Court or the High Court in the exercise of its power of revision may set aside such order and inlieu thereof pass sentence on such offender according to law;

Provided that Appellate Court or the High Court in revision shall not inflict a greater punishmentthan might have been inflicted by the court by which the offender was found guilty.

12. Removal of disqualification attaching to conviction - Notwithstanding anything containedin any other law a , person foundguilty of an offence and dealt with under the provisions of Section 3 or Section 4 shall not sufferdisqualification , if any, attaching to a conviction of an offence under such law;

Provided that nothing in this section shall apply to a person who, after his release under Section 4,is subsequently sentences for the original offence.

13. Probation officers - (1) A probation officer under this Act shall be - (a) a person appointed to be a probation officer by the State Government or recognised as such by

the State Government; or(b) a person provided for this purpose by a society recognised in this behalf by the State

Government ; or(c) in any exceptional case, any other person who, in the opinion of the court, is fit to act as a

probation officer in the spcial circumstances of the case.

(2) A court which passes an order under Section 4 or the District Magistrate of the district inwhich the offender for the time being resides may, at any time, appoint any probation officer in the place ofthe person named in the supervision order.

Explanation - For the purposes of this section, a presidency town shall be deemed to be a districtand chief presidency Magistrate shall be deemed to the District Magistrate of that district.

(3) A probation officer, in the exercise of his duties under this Act, shall be subject to thecontrol of the District Magistrate of the district in which the offender for the time beingresides."THE UTTAR PRADESH CONTROL OF GOONDAS ACT, 19701

[U.P. Act No. 8 of 1971 A Ammended by U.P. Act 1 of 19852](As passed by the Uttar Pradesh Legislature )An Act to make special provisions for the Control and Suppression of Goondas with a view to theMaintenance of Public Order

It is hereby enacted in the Twenty-first Year of the Republic of India as follows:1. Short title and extent-(1) This Act may be called the Uttar Pradesh Control of Goondas Act,

1970.(2) It extends to the whole of Uttar Pradesh.2. Difinitions - In this Act, unless the context otherwise

requires -

(a) " District Magistrate" includes an Additional District Magistrate specially empowered by theState Government in that behalf;

1[(b) ' Goonda' means a person who-(i) either by himself or as a member or leader of a gang, habitually commits or attempts to commit,

or abets the commission of an offence punishable under Section 153 or section 153-B or section 294 of theIndia Penal code or Chapter XV, Chapter XVI, Chapter XVII or Chapter XXII of the said Code; or

(ii) has been convicted for an offence punishable under the Suppression of Immoral Traffic inWomen and Girls Act, 1956; or

(iii) has been convicted not less than thrice for and offence punishable under the U.P. Excise Act,1910 or the Public Gambling Act, 1867 or Section 25, Section 29of the Arms Act, 1959 or

(iv) is generally reputed to be a person who is desperate and dangerous to the community; or(v) has been habitually passing indecent remarks or testing women or girls; or(vi) is a tout;Explanation- 'Tout' means a person who-(a) accepts or obtains, or agrees to accept or attempts to obtain from any person for himself or for

any other person, any gratification whatever as a motive or reward for inducing by corrupt or illegal meansany public servant or member of Government, Parliament or of State Legislature to do or forbear to doanything or to show favour o r disfavour to any person or to render or attempt to render any service ordisservice to any person, with the Central or State Government, Parliament or state Legislature, any localauthourity,corporation, Government Company or public servant;or

(b)procures, in consideration of any remuneration moving from any legal practitioner interested inany legal business, or purposes to any legal practitioner or any person interested in legal business toprocure in consideration of any remuneration moving from either of them, the reemployment of legalpractitioner in such business; or

(c) for the purposes mentioned in Explanation (a) or (b) frequents the precincts of civil, criminal orresidences or vicinity of the aforesaid or railway or bus stations, landing staged, lodging places or otherplaces of public resort; or

(vii) is a house- grabber.

Explanation- "House-grabber" means a person who takes or atempts to take o r aids or abets intaking unauthourised possession having lawfully entered unlawfully remains in possession, of a buildingland, garder, garages or out- houses appurtenant to a building].

3. Externment, etc of Goondas- Where it appears to the District Magistrate-(a) that any person is a Goonda

(b) (i) that his movements or acts in the district or any part thereof are causing, or arecalculated to cause alarm, danger or harm to persons or property; or (ii) that there are reasonable grounds for believing that he is engaged or about to engage, inthe district or any part thereof, in the commission of an offence referred to in sub-clauses (I) to(iii) of clause (b) of Section 2, or in the abetment of any such offence; and ( c) that witnesses are not willing to come forward to give evidence against him by reason ofapprehension on their part as regards they safety of their person or property-

The District Magistrate shall by notice in writing inform him of the general nature of thematerial allegations against him in respect clauses (a), (b) and (c) and give him a reasonableopportunity of tendering an explanation regarding them.

(2) The person against whom an order under this section is proposed to be made shall have theright to consult and be defended by a counsel of his choice and shall be given a reasonable opportunity ofexamining himself, if he so desires, and also of examining any other witnesses that he may wish to producein support of his explanation, unless for reasons to be recorded in writing the District Magistrate is ofopinion that the request is made for the purpose of vexation or delay.

(3) Thereupon the District Magistrate on being satisfied that the conditions specified in clause (a),(b) and (c) of sub-section (1) exist may be order in writing-

(a) direct him to remove himself outside the area within the limits of his local jurisdictionor such area and any district or districts or any part thereof , contiguous thereto, by such route, ifany , and within such time as may be specified in the order and to desist from entering the saidarea or the area and such contiguous district or districts or part thereof, as the case may be fromwhich he was directed to remove himself until the expiry of such period not exceeding six monthsas may be specified in the said order;

(b) (i) require such person to notify his movements or to report himself, or to do both, insuch manner, at such time and to such authority or person as may be specified in the order;

(ii) prohibit or restirct possession or use by him of any such article as may be specifiedin the order;

(iii) direct him otherwise to conduct himself in such manner as may be specified in theorder,

Until the expiry of such period, not exceeding six months as may be specified in the order

4. Permission to return temporarily- The District Magistrate may, by an order, permit anyperson in respect of whom an order has been made under clause (a) of sub-section (3) of Section 3 to enteror return, for a temporary period, into or to the area from which he was directed to remove himself, subjectto such conditions as the District Magistrate may specify and may at any time rescind any such permission.

5. Extension of period order- The District Magistrate may, after giving, except where for reasonsto be recorded in writing he is satisfied that is is imracticable so to do, to the person concerned anopportuity of making a representation in that behalf, extend from time to time in the interest of the generalpublic the period specified in the the order made under Section 3, but the period so extended shall in nocase exceed two years in the aggregate.

6. Appeal-(1) Any person aggrieved by an order made under Section 3, Section 4, or Section 5may appeal to the Commissioner within fifteen days from the date of such order.

(2) The appellant or his counsel shall not e entitled to inspect or to be informed of any recordwhich was not disclosed to him at the inquiry, if any, held under Section3;

(3) The Commissioner may either confirm the order, with or without modification, or set it aside,and may, pending disposal of the appeal, stay the operation of the order subject to such terms, if any, as hethinks fit.

7. Recognizance for certain purposes - (1) The District Magistrate or the Commissioner may forthe purpose of

(a) secruing the attendance of any person against whom an order is proposed to be madeunder Section 3, or has been made but its operation has been stayed under Section 6; or

(b) securing the due observance of any direction, requirement, prohibition, restriction orcondition specified in an order made in respec of any person under Section 3, Section 4, Section 5or Section 6,-

Require such person to enter into a bond, with or without sureties , and the provisions ofthe [Code of Criminal Procedure, 1973], shall mutatis mutandis apply in relation to such bond asthey apply in relation to bonds executed or required to be executed under the said Code.

(2) In particular and without prejudice to the generality of the foregoing provisions-

(a) the District Magistrate while issuing notice to any person under sub-section (1) ofSection 3 may issue a warrant for his arrest with endorsement thereon of a direction in terms of theprovisions of [Section 71] of the said Code and the provisions of [Sections 70 to 85 and 87 to 89]

of the said Code shall, so far as may be, apply in relation to such warrant as if the DistrictMagistrate were a Court;

(b) if any person who is required to execute a bond for the observance of any direction,requirement, prohibition, restriction or condition fails to do so he shall be committed to prison, orif he is already in prison, be detained in prison until the period for which the direction,requirement, prohibition, restriction or condition is to operate or until within such period heexecutes the bond with or without sureties, as the case may be, in terms of the order, and theprovisions of [Sections 119 to 121, 123 and 124] of the said Code shall, mutati mutandis apply asif the District Magistrate or the Commissioner were a court;

(c) [Section 445 to 447] of the said Code shall mutatis mutandis apply in relation to allbonds executed under this section as if the District Magistrate or the Commissioner were a court.

8. Nature of evidence- The District Magistrate or the Commissioner may for the purpose ofsatisfying himself as to whether the coditions necessary for the making or confirmation of an order underSection 3 or Section 5 exist or not, take into consideration any evidence which he considers to haveprobative value, and the provisions of the Indian Evidence Act, 1872, shall not apply.

9. Rescission of order- The District Magistrate or the Commissioner may at any time rescind anorder made under Section 3, whether or not such order was confirmed on appeal under Section 6.

10. Punishment for contravention of orders under Section 3 to 6- Whoever contravenes anyorder made under Section 3, Section 4, Section 5, or Section 6 shall be punishable with rigorousimprisonment for a term which may extend to three years but shall not be lss than six months, and shall alsobe liable to fine.

11. Forcible removal of extend Goonda re-entering , etc., in contravention of order-(1)Where, after an order is made against a person under Section 3, Section 4, Section 5 or Section 6 suchperson -

(a) has failed to remove himself from the district or part as directed by the order ; or(b) has re-entered the area, from which he was ordered remove himself during the period

of operation fo that order-

the District Magistrate may cause him to be arrested and removed in police custody tosuch place outside the area specified in the said orders as he may direct.

(2) Any police officer may arrest without warrant any person reasonably suspected of an act oromission specified in sub-section (1), and shall forthwith forward the person so arrested to the nearestMagistrate who shall cause him to be forwarded to the District Magistrate, who may thereupon cause theperson to be removed in police custody to such place outside the area specified in the said order as he maydirect.

(3) The provisions of this section are in addition to and not in derogation of the provisions ofSection 10, except-

12. Cognizance of offence - No Magistrate shall take cognizance of an offence punishable underSection 10 , except-

(a) upon a report in writing of the facts constituting such offence made by a policeofficer; or

(b) upon information received from any person other than a police officer, or upon hisown knowledge or suspicion, that such offence has been committed.

13. Savings as to orders- No order made in exercise of any power conferred by or under this Actshall be called in question in any court.

14. Protection of action taken under the Act- (1) No suit, prosecution or other legal proceedingshall be against any person for anything which is in good faith done or intended to be done in pursuance ofthis Act or of any order made thereunder.

(2) No suit or other legal proceeding shall lie against the State Government for any damage causedor likely to be caused by anything which is in good faith done or intended to be done in pursuance of thisAct or of any order made thereunder.

15. Power to make rules -(1) The State Government may be notification in the Gazette makerules for carrying out the purposes or this Act.

(2) All rules made under this Act shall, as soon as may after they are made be laid before eachHouse of the State Legislature, while it is in session, for a total period of not less than fourteen daysextending in its one session or more than one successive sessions and shall, unless some later date isappointed, take effect from the date of their publication in the Gazette subject to such modifications orannulments as the two Houses of the Legislature may during the said period agree to make , so however,that any such modiciation or annulment shall be agree to make , so however, that any such modification orannulment shall be without prejudice to the validity of anything previously done thereunder.

16. Repeal, U.P. Ordinance No.15, 1970- The U.P. Control of Goondas Ordinance, 1970 ishereby repealed.

THE UTTAR PRADESH GANGESTERS AND ANTI-SOCIAL ACTIVITIES (PREVENTION)ACT, 1986

An Act to make special provisions for th prevention of and for coping with, gangsters and anti-socialactivities and for matter connected herewith or incidental thereto It is hereby enacted in the Thirty-seventh Year of the Republic of India as follows:-

1. Short title, extent and commencement- (1) This Act may be called the Uttar PradeshGangsters and Anti-Social Activities (Prevention) Act, 1986.

(2) It extends to the whole of Uttar Pradesh.(3) It shall be deemed to have come into force on January 15,1986.

2. Definition - In this Act,-(a) ' Code " means the Code of Criminal Procedure, 1973 ( Act No. 2 of 1974);(b) " Gang" means a group of persons, who acting either singly or collectively, by

violence, or threat or show of violence, or intimidation, or coercion or otherwise with the object ofdisturbing public order of gaining any undue temporal, pecuniary, material or other advantage forhimself or any other person, indulge in anti-social activities, namely-

(i) offences punishable under Chapter XVI, or Chapter XVII, or Chapter XXII ofthe Indian Penal Code (Act No. 45 of 1860), or

(ii) distilling or manufacturing or storing or transporting or importing or exportingor selling or distributing any liquor, or intoxicating or dangerous drugs, or otherintoxicants or narcotic or cultivating any plant, in contravention of any o theprovisions of the U.P. Excise Act, 1910 (U.P. Act No. 4 of 1910), or theNarcotic Drugs and Psychotropic Substances Act, 1985 (Act No. 61 of 1985), orany other law for the time being in force, or

(iii) occupying or taking possession of immovable property otherwise than inaccordance with law, or setting- up false claims for title or possession ofimmovable property whether in himself or any other person , or

(iv) Preventing or attempting to prevent any public servant or any witness fromdischarging his lawful duties, or

(v) Offences punishable under the Suppression of Immoral Traffic in Women andGirls act, 1956 (Act No. 104 of 1956), or

(vi) offences punishable under Section 3 of the Public Grumbling Act, 1867 (ActNo. 3 of 1867),or

(vii) preventing any person from offering bids in auction lawfully conducted, ortender, lawfully invited, by or on behalf of any Government department, localbody or public of private undertaking, for any lease or rights or supply of goodsor work to be done, or

(viii) preventing disturbing the smooth running by any person of his lawful business,profession, trade or employment or an other lawful activity connected therewith, or

(ix) offences punishable under Section 171-E of the Indian Pena Code(Act No. 45 fo1860), or in preventing or obstructing an public election being lafully held m byphysically preventing the voter from exercising his electoral rights, or

(x) inciting other to resort to violence to disturb communal harmony, or(xi) creating panic, alarm or terror in public or(xii) terrorising or assaulting employees or owners of occupiers a public or private

undertakings or factories and causing mischief in respect of their properties, or

(xiii) nducing or attempting to induce any person to go to foreign countries on falserepresentation that any employment, trad or profession shall be provided to himin such foreign country or

(xiv) kidnapping or adducting any person with intent to extor ransom, or(xv) diverting or otherwise preventing any aircraft or public transport vehilce from

following its scheduled course;

(c) "gangster" means a member or leader or organiser of gand and includes any personwho abets or assists in the activities of gan enumerated in clause (b), whether before or aftere thecommission of such activities or harbours any person who has indulged in such activities,

(d) "public servant" means a public servant as defined in Section 21 of the Indian PenalCode (act No. 45 of 1860), or any other law for the time being in force , and includes any personwho lawfully assists the police or other authorities of the State, in investigation or prosecution orpunishment of an offence punishable under this Act, whether by giving information or evidencerelating to such offence or offender or in any other manner;

(e) " member of the family of a public servant" means his parents or spouse and brother,sister, son, daughter, grandson, grand-daughter or the spouses of any of them, and includes aperson dependent on or residing with the public servant and a person in whose welfare the publicservant is iterested;

(f) words and phrases used but not defined in this Act and defined in the Code ofCriminal Procedure, 1973, or th Indian Penal Code shall have he meanings respectively assignedto them in such Codes.

3. Penalty -(1) A gangster shall be punished with imprisonment of either description for a termwhich shall not be less than two years and which may extend to ten years and also with fine which shall nobe less than five thousand rupees.

Provided that gangster who commits an offence against the person of a public servant or theperson of a member of the family of a public servant shall be punished with imprisonment of eitherdescription for a term which shall not b less than three years and also with fine which shall not be less thanfive thousand rupees.

(2) Whoever being a public servant renders any illegal help or support in any manner to agangster, whether before or after the commission of any offence y the gangster (whether by himself orthrough others) or abstains from taking lawful measures of intentionally avoides to carry out the directions

of any court or of his superior officers, in this respect, shall be punished with imprisonment of eitherdescription for a term which may extend to ten years but shall not be less than three years and also withfine.

4. Special Rules of Evidence - Notwithstanding anything to the contrary contained in the Code orthe Indian Evidence Act, 1872, for the purposes of trial and punishment for offences under this Act orconnected offences;

(a) the court may take into consideration the fact that the accused was -(i) On any previous occasion bound down under Section 107 or Section 109 or Section 110

of the Code, or(ii) detained under any law relating to preventive detention, or(iii) externed under the Uttar Pradesh Control of Goondas Act, 1970 (Act No. 8 of 1971), or

any other such law;

(b) Where it is proved that a gangster or any person on his behalf is or has at any time been,possession of movable or immovable property which he cannot satisfactorily account for, or where hispecuniary resources are disproportionate to his known sources of income, the Court shall, unless contrary isproved, presume that such property or pecuniary resources have been acquired or derived by his activitiesas a gangster;

( c) where it is proved that the accused has kidnapped or abducted any person, the court shall,presume that it was for ransom;

(d) where it is proved that a gangster has wrongfully concealed or confined a kidnapped orabducted person, the Court shall presume that the gangster knew that such person was kidnapped orabducted as the case may be ;

(e) the Court may, if for reasons to be recorded it thinks fit so to do, proceeds with the trial in theabsence of the accused and record the evidence of any witness, provided that the witness may be recalledfor cross-examination if the accused so desires but recording the examination in chief afresh in presence ofthe accused shall not be necessary.

14. Attachement of property- (1) If the District Magistrate has reason to believe that anyproperty, whether movable or immovable, in possession of any person has been acquired by a gangster as aresult of the commission of an offence tribal under this Act, he may order attachment of such propertywhether or not cognizance of wuch offence has been taken by any Court.

(2) The provisions of the Code shall, mitatis mutandis apply to every such attachment.

(3) Notwithstanding the provisions of the Code the District Magistrate may appoint anAdministrator of any property attached under sub-section (1) and the Administrator shall have all thepowers to administrator such property in the best interest thereof.

(4) The District Magistrate may provide police help to the Administrator for proper and effectiveadministration of such property.

15. Release of property-(1) Where any property is attached under Section 14, the claimant thereofmay within three months from the date of knowledge of such attachment make a representation to theDistrict Magistrate showing the circumstances in and the sources by which such property was acquired byhim.

(2) If the District Magistrate is satisfied about the genuineness of the claim made under sub-section (1) he shall forthwith release the property from attachment and thereupon such property shall bemade over to the claimant.

(And whreas in order to promote, enforce and carry into effect the policy of prohibition , it isnecessary to authrize the State Government to prohibit the import, export, manufacture, sale and possessionof liquor and of intoxicating durgs in the United Provinces or in any specified area of areas thereof ;)2