TAMIL NADU PROHIBITION ACT, 1937
(1) This Act may be called the 1[Tamil Nadu] Prohibition Act, 1937.
(2) It extends to the whole of the 2[State of Tamil Nadu].
(3) (a) This section and sections 3 and 6 shall come into force in the whole of the 2[State of Tamil Nadu] at once.
(b) The rest of this Act shall come into force --
(i) in the district of Salem, at once; and
(ii) in any other local area in the 2[State of Tamil Nadu] on such date as the 3[State] Government may, by notification, appoint.
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1 Substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order, 1969.
2 Subs
Section 1 of the Tamil Nadu Prohibition Act, 1937, lays down the preliminary provisions regarding the short title, extent, and commencement of the Act. It sets the foundation for the entire legislative framework aimed at prohibiting the manufacture, sale, and consumption of intoxicating liquors and drugs within the State of Tamil Nadu. The Act was enacted to regulate and restrict activities related to liquor and intoxicants, thereby aiming to promote public health and social order.
Section 1 primarily states:- The Act may be called the Tamil Nadu Prohibition Act, 1937.- It extends to the whole of Tamil Nadu.- It shall come into force on a date appointed by the Government, which may be notified separately.
This section thus establishes the title, territorial extent, and the commencement date of the Act.
Section 1 itself does not prescribe punishments; it merely lays down the legislative framework. Punishments are detailed in subsequent sections, such as Sections 4 (prohibition offences), 18 (penalties), and others. The section's role is to provide the legal authority and scope, which underpin the penal provisions.
In conclusion, Section 1 of the Tamil Nadu Prohibition Act, 1937, functions as the legislative bedrock, defining the title, scope, and commencement of the prohibitory regime. It grants the Government the authority to activate the law, ensuring a uniform and legally valid framework for the prohibition of liquor activities across Tamil Nadu. Its broad language and procedural provisions facilitate effective enforcement and judicial oversight, making it a critical section for the entire legislative scheme.
From the date on which the provisions of this Act other than sections 1, 3 and 6 come into force in any local area, the enactments mentioned in "[Schedule I] shall cease to be in force in such area to the extent specified in the fourth column thereof:
Provided that the 1[State] Government may, by notification, declare that the provisions of this Act other than sections 1, 3 and 6 shall cease to be in force in any local area on such dates as may be specified in the notification and thereupon the enactments mentioned in 2[Schedule I] with any subsequent statutory modifications thereof shall revive and come into force in such area with effect on and from such date.
3[Explanation.-- For the removal of doubts, it is hereby declared that if a notification is issued in pursuance of the foregoing proviso, in respect of any area which formerly fo
In this Act, unless there is something repugnant in the subject or context--
1[(1) "blending unit" means a unit where 2[***] Indian-made foreign spirits are manufactured;]
(1-A) "bottle" means to transfer liquor from a cask or other vessel to a bottle, jar, flask 3[***] or pot or similar receptacle for the purpose of sale whether any process of manufacture be employed or not and includes re-bottling;]
(2) "buy" or "buying" includes any receipt including gift;
(3) "Collector" means a Collector of land revenue or any person appointed under clause (d) of section 25 to exercise all or any of the powers or to perform all or any of the duties of a Collector under this Act.
4[Explanation.-- Collector of land rev
1(1) Whoever --
(a) imports, exports, transports or possesses liquor or any intoxicating drug; or
2[(aa) imports, exports, transports or possesses liquor exceeding fifty litres but less than one hundred litres; or
(aaa) imports, exports, transports or possesses liquor of one hundred litres and above; or]
(b) manufactures liquor or any intoxicating drugs; or
(c) except in accordance with the rules made by the State Government in that behalf cultivates the hemp plant {Cannabis sativa); or collects any portion of such plant from which an intoxicating drug can be manufactured;
(d) taps any toddy-producing tree or permits or suffers to be tapped any toddy-producing
1Whoever is found in a state of intoxication in any public place and whoever, not having been permitted to consume any liquor or intoxicating drug in pursuance of this Act, is found in a state of intoxication in any private place, 2[shall be punished with imprisonment for a term which may extend to three months or with fine which may extend to one thousand rupees].
3[***]
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1 Section 4-A was substituted by ibid.
2 Substituted by Tamil Nadu Act 2 of 1989.
3 Proviso was omitted by ibid.
Whoever renders or attempts to render fit for human consumption any spirit whether manufactured in 1[***] India or not, which has been denatured 2[or any preparation containing such spirit] or has, in his possession, any spirit 3[or preparation containing spirit] in respect of which he knows or has reason to believe that any such attempt has been made 4[shall be punished with rigorous imprisonment for a term which may extend to three years and with fine which may extend to ten thousand rupees].
5[***]
For the purpose of this section, it shall be presumed until the contrary is proved that any spirit or preparation containing spirit which is proved on chemical analysis to contain any quantity of any of the prescribed denaturants is, or contains or has been, derived from, denatured spirit.
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Whoever prints or publishes in any newspaper, book, leaflet, booklet or any other single or periodical publication or otherwise displays or distributed any advertisement or other matter 1[***] soliciting the use of, or offering any liquor or intoxicating drug other than liquor, or drugs exempted under section 16, 2[***] shall be punished 3[with 4[***] imprisonment] which may extend to six months or with fine which may extend to one thousand rupees or with both :
Provided that this section shall not apply--
(a) to plain catalogues and price lists which may be generally or specially approved by the Commissioner; or
5[(b) to advertisements in medical journals, or to notices and literature circulated exclusively to members of the medical profession, if such advertisements, notices or literature re
1(1) Except as otherwise provided in sub-sections (2) and (3), no person shall import, export, transport, sell or have in his possession any quantity of molasses.
(2) The State Government may, by general or special order, authorise any officer to grant licences for the import, export, sale or possession of molasses.
(3) The State Government may also authorise any officer to grant permits for the transport of molasses.]
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1 Inserted by Tamil Nadu Act VIII of 1958.
1(1) Except as otherwise provided in sub-section (2), no person shall transit any liquor.
(2) Subject to the control of the State Government, the Collector or any officer not below the rank of a Deputy Collector empowered by him in this behalf may issue permit for the transit of any liquor in such form and subject to such conditions as may be prescribed. Every application for transit permit shall be made within such time as may be prescribed and shall be accompanied by copies of the export and import permits issued by the concerned States from which, and to which, the liquor is in transit.
(3) The following shall be conditions of every permit issued under sub-section (2) --
(a) that the transit of liquor shall be made along the route or routes specified in the permit; and
1When two or more persons agree --
(i) to commit or cause to be committed any offence under sub-section (1) of section 4 or under section 5; or
(ii) to evade or nullify the provisions of this Act,
each of such person shall, notwithstanding that no act except the agreement was done by any of the parties thereto in pursuance thereof, be punished with imprisonment for a term which may extend to three months or with fine which may extend to one thousand rupees.]
2[Provided that if the agreement relates to an offence under clause (aaa), clause (b), clause (f) or clause (h) of sub-section (1), or punishable under sub-section (1-A) of section 4, each of such persons shall be punished with rigorous imprisonment for a term which may extend to three years an
Any officer or person exercising powers under this Act, who --
(a) without reasonable ground of suspicion, enters or searches or causes to be searched, any closed place; or
(b) vexatiously and unnecessarily seizes the property of any person on the pretence of seizing or searching for anything liable to confiscation under this Act; or
(c) vexatiously and unnecessarily detains, searches or arrests any person; or
(d) maliciously and falsely lays information leading to a search, seizure, detention or arrest; or
(e) in any other way maliciously exceeds his lawful powers, shall be punished 1[with 2[***] imprisonment] which may extend to six months, or with fine which may extend to five hundred rupees, or with b
Any officer or person exercising powers under this Act, who vexatiously and unnecessarily delays forwarding to a Prohibition Officer or to the officer in-charge of the nearest police station as required by section 38, any person arrested or any article seized under this Act, shall be punished with fine which may extend to two hundred rupees.
Any officer or person exercising powers under this Act who --
(a) unlawfully releases or abets the escape of any person arrested under this Act, or abets the commission of any offence against this Act, or
(b) acts in any manner inconsistent with his duty for the purpose of enabling any person to do anything whereby any of the provisions of this Act may be evaded or broken, and any other officer of the
1[State] Government or of a local body who abets the commission of any offence against this Act, shall be punished 2[with 3[***] imprisonment] which may extend to six months, or with fine which may extend to five hundred rupees, or with both.
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1 Substituted for the word "Provincial" by the Ad
Whoever is guilty of any wilful act or intentional omission in contravention of any of the provisions of this Act or of any rule, notification or order made thereunder and not otherwise provided for in this Act, shall be punished 1[with 2[***] imprisonment] which may extend to six months or with fine which may extend to five hundred rupees or with both.
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1 Substituted by Tamil Nadu Act 9 of 1979.
2 The word rigorous was omitted by Tamil Nadu Act 2 of 1989.
Where any offence against this Act is committed in any area to which it has been extended, whoever, commits, or attempts to commit, or abets the commission of any of the acts making up the offence shall be liable to be punished thereof, whether such commission, attempt or abetment takes place within or outside such area.
1In any case in which an offence has been committed 2[against this Act, or the rules made thereunder] 3[in relation to drug, the drug] material, still, utensil, implement or apparatus in respect or by means, of which the offence has been committed shall be liable to confiscation along with the receptacles, packages, coverings, animals, vessels, carts or other vehicles used to hold or carry the same.
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1 Marginal heading was substituted by Tamil Nadu Act 68 of 1986.
2 Substituted by Tamil Nadu Act 2 of 1983.
3 Substituted by Tamil Nadu Act 68 of 1986.
1Whenever an offence in relation to liquor has been committed, which is punishable under this Act or the rules made thereunder, the following things shall be liable to confiscation, namely :--
(1) any liquor, material, still, utensil, implement, apparatus in respect or by means, of which such offence has been committed;
(2) any liquor lawfully imported, exported, transported, manufactured, held in possession or sold along with, or in addition to, any liquor liable to confiscation under this section;
(3) any receptacle, package or covering in which anything liable to confiscation under clause (1) or clause (2), is found, and the other contents, if any, of such receptacle or package or covering and any animal, cart, vessel or other conveyance used for carrying the same:
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(1) When the offender is convicted or when the person charged with an offence against this Act is acquitted, but the court decides that anything is liable to confiscation, such confiscation 1[shall be ordered by the court].
2[(2) Where, during the trial of a case for an offence against this Act, the court decides that anything is liable to confiscation, the court shall order the confiscation :
Provided that no animal, vessel, cart or other vehicle shall be confiscated under sub-section (1), or sub-section (2), if the court after hearing the owner of such animal, vessel, cart or other vehicle and any person claiming any right thereto, is satisfied that the owner and such person had exercised due care in the prevention of the omission of such an offence].
3[(3) When an offence against this Act h
1Where any animal, vessel, cart or other vehicle is used in the commission of any offence under this Act, and is liable to confiscation, the owner thereof shall be deemed to be guilty of such offence and such owner shall be liable to be proceeded against and punished accordingly unless he satisfies the court that he had exercised due care in the prevention of the commission of such an offence.]
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1 Inserted by Tamil Nadu Act 9 of 1979.
Section 14(a) of the Tamil Nadu Prohibition Act, 1937, deals with the confiscation of vehicles and other conveyances used in the commission of offences related to liquor prohibition. It provides the legal framework for authorities to seize and confiscate property involved in such offences, emphasizing procedural safeguards and the rights of owners.
Section 14(a) empowers the Collector or authorized Prohibition Officer to order the confiscation of any animal, vessel, cart, or other conveyance used in the commission of an offence under the Act, whether or not a prosecution is initiated. It also stipulates that such confiscation can occur after giving notice and an opportunity to be heard, and provides for appeals against confiscation orders.
While Section 14(a) primarily deals with confiscation, violations of procedural safeguards (such as not issuing notice or denying hearing) can lead to the order being quashed or set aside, as courts have held. The Act prescribes penalties for offences under the Act, but confiscation itself is a separate administrative penalty.
This concise legal commentary synthesizes judicial interpretations and statutory provisions related to Section 14(a) of the Tamil Nadu Prohibition Act, 1937, highlighting procedural safeguards, owner liabilities, and judicial review principles.
All offence under this Act shall be cognisable and the provisions of the 1[Code of Criminal Procedure, 1973 (Central Act 2 of 1974)] with respect to cognizable offences shall apply to them.
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1 Substituted by ibid.
Section 15 of the Tamil Nadu Prohibition Act, 1937, establishes the cognizability and trial procedures for offences under the Act, emphasizing the seriousness of violations related to liquor prohibition in Tamil Nadu.
Note: The analysis synthesizes information from the provided sources, emphasizing the legal framework, procedural aspects, and enforcement considerations related to Section 15 of the Tamil Nadu Prohibition Act, 1937.
1Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), the State Government may confer on --
(i) any Judicial Magistrate of the first class, or
(ii) any Judicial Magistrate of the second class, or
(iii) any Special Judicial Magistrate appointed under section 13 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), power to try summarily in accordance with the provisions contained in sections 262 to 265 of the said Code, all or any of the offences which are punishable under this Act with 2[***] imprisonment for a term not exceeding six months, or with fine, or with both, but as a result of such trial no sentence except a sentence of fine shall be imposed.
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Section 15(a) of the Tamil Nadu Prohibition Act, 1937, establishes the cognizability of offences under the Act, emphasizing the serious nature of violations related to prohibition laws. It underscores that all offences under the Act are to be treated as cognizable, enabling police authorities to arrest without warrant and initiate investigations without prior approval.
Section 15(a) explicitly states that "Offences under the Act to be cognizable," meaning all violations of the Tamil Nadu Prohibition Act, 1937, are cognizable offences. This provision aligns with the broader framework of the Act, ensuring that law enforcement agencies can act promptly upon suspicion or knowledge of offences.
The scope covers all offences under the Tamil Nadu Prohibition Act, 1937, making them cognizable. This includes violations related to the manufacture, sale, transport, or consumption of liquor and intoxicating drugs in contravention of the law. The provision ensures swift law enforcement response to violations, reflecting the seriousness with which the state treats prohibition.
While Section 15(a) itself does not prescribe specific punishments, offences under the Act are generally punishable with imprisonment, fines, or both, as detailed in other sections of the Act. For instance, violations may attract imprisonment for up to three months or a fine up to one thousand rupees, or both [Source: iPleaders].
In summary, Section 15(a) of the Tamil Nadu Prohibition Act, 1937, plays a crucial role in ensuring that violations of prohibition laws are treated with the utmost seriousness, enabling swift police action and effective enforcement through its cognizable classification.
1[***]
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1 Section 15-B was omitted by Tamil Nadu Act 2 of 1989.
1(1) The offences punishable under this Act with rigorous imprisonment for a term which may extend to three years and upwards shall be non-bailable and the provision of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) with respect to non-bailable offences, shall apply of those offences.
(2) Nothing contained in sections 27. 28. 29. 32. 38 and 39 shall be construed as enabling a person to be admitted to bail, if the offence alleged to have been committed by such persons is one referred to in sub-section (1)].
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1 Sybstutyted bt Tanuk Bady Act 9 of 1979.
(1) The 1[State] Government may, by notification and subject to such conditions as they think fit, exempt any specified liquor or intoxicating drug or article containing such liquor or drug from the observance of all or any of the provisions of this Act on the ground that such liquor, drug or article is required for a medicinal, scientific, industrial or such like purpose.
2[(2) Whoever commits a breach of any of the conditions subject to which the exemption is notified under sub-section (1), 3[shall be punished with imprisonment for a term which may extend to three months or with fine which may extend to one thousand rupees].
4[***]
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1 Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
&
1The 2[State] Government shall make suitable provision for issuing, Authorities to person and institutions for the possession and use of such liquor as may be required by them for any bona fide religious purpose in accordance with ancient custom, under such terms and conditions, and penalties for infringement, as may be prescribed.]
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1 Inserted by Tamil Nadu Act XVII of 1938.
2 Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
Until the 1[State] Government by notification otherwise direct, the provisions of this Act shall not be deemed to apply --
(a) to liquor in the possession of bonafide travellers for their own personal use while passing through any local area in which this Act is in force; or
(b) to lawful consignments of 2[liquor carried into any such local area or of] intoxicating drugs carried 3[***] through or into any such local area.
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1 Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
2 Substituted by Tamil Nadu Act 24 of 1990.
3 The words "by a railway administration" were omitted by Tamil Nadu Act XII of 1948.
1(1) The *[State] Government may, by notification and subject to such conditions as they think fit, exempt members of the armed forces of the 2[Union] or of any other armed forces raised or maintained by the 5[Union] or attached to or operating with any of its armed forces and the member of the medical or other staff attached to any of the armed forces aforesaid, from all or any of the provisions of this Act.
3[(2) Whoever commits a breach of any of the conditions subject to which the exemption is notified under sub-section (1), 4[shall be punished with imprisonment for a term which may extend to three months or with fine which may extend to one thousand rupees].
5[***]
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* Substituted for the word "Provincial" by the Adaptation
1The State Government, or subject to their control, the Collector may,] subject to such conditions as may be prescribed, issue licence to any person or any institution whether under the management of Government or not --
(a) for the manufacture of liquor for human consumption -
(i) for the purpose of sale to persons and institutions who hold permits or licences for sake of such liquor;
(ii) for other purpose permitted under this Act; or
(b) for the import, export or transport of liquor for human consumption.
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1 Sections 17-B and 17-C were substituted by Tamil Nadu Act 23 of 1981.
1[(1) It shall be lawful for the State Government to grant to any person or persons on such conditions and for such period as they may deem fit the exclusive or other privilege --
(a) of manufacturing 2[***] Indian-made foreign spirits, or;
(b) of selling by retail 2[***] Indian-made foreign spirits, within any local area.
(1-A) (a) Notwithstanding anything contained in this Act, the Tamil Nadu State Marketing Corporation Limited, which is a Corporation wholly owned and controlled by the State Government, shall have the exclusive privilege of supplying, by wholesale, 2[***] Indian-made foreign spirits, for the whole of the State of Tamil Nadu and no other person shall be entitled to any privilege of supplying, by wholesale, 2[***] Indian-made foreign spirits for the whole or any part of the St
1The State Government may, by rules, levy a sum or fee or both in consideration of the grant of any exclusive or other privilege under section 17-C and also fee on licences granted under section 17-C.
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1 Section (17-D) and (17-E) were inserted by Tamil Nadu Act 51 of 1981.
(1) The State Government or subject to the control of the State Government, the Collector, may issue licences to any person or in respect of any institution whether under the management of the Government or not, for the export, import, transport or possession of any liquor or article containing such liquor on the ground that such liquor or article is required by such person or in respect of such institution for bona fide purpose.
(2) Section 18 shall, in so far as it relates to any liquor or article containing such liquor, cease to be in force with effect on and from 1st May 1981.]
The 1[State] Government or subject to the control of the 1[State] Government, the Collector, may issue licences to any person or in respect of any institution whether under the management of Government or not, for the manufacture, export, import, transport, sale or possession of any liquor or drug, on the ground that such liquor, drug or article is required by such person or in respect of such institution for a bona fide medicinal, scientific, industrial or such like purpose.
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1 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
1(1) An excise duty or countervailing duty of such amount as the 2[State] Government may, by notification in the Fort St. George Gazette*, specify, from time to time, shall, if they so direct, be levied on all liquors and intoxicating drugs permitted to be imported, exported, transported, manufactured, issued from any manufactory or institution or sold, under the provisions of this Act or any rule, notification, licence or permit issued thereunder.
(2) Such duty may be levied in any one or more of the ways prescribed in the rules made under this Act.
(3) Nothing in this section shall authorize the levy of any duty which, as between goods manufactured or produced in the 2[State] and similar goods not so manufactured or produced, discriminates in favour of the former or which, in the case of goods manufactured or produced outside the 2[Sta
1(1) Notwithstanding anything contained in section 18-A, with effect on and from the date of the commencement of the Tamil Nadu Prohibition (Amendment) Act, 1981, an excise duty or countervailing duty at such rate not 2[exceeding rupees one hundred and twenty-five per proof litre] as the State Government may, from time to time, by notification specify, shall be levied 3[only under this section] on all excisable articles --
(a) permitted to be imported under this Act;
(b) permitted to be exported under this Act;
(c) permitted to be transported under this Act;
(d) manufactured under any licence granted under this Act;
(e) manufactured at any distillery, blending unit or brewery licensed or established under
The excise duty or the countervailing duty under section 18-B may be levied in one or more of the following ways :--
(a) by duty of excise to be charged in the case of spirits or beer either on the quantity produced in, or passed out of a distillery, blending unit, brewery or warehouse licensed or established under this Act, or in accordance with such scale of equivalents, calculated on the quantity of materials used or by the degree of attenuation of the wash or wart, as the case may be, as may be prescribed.
1[***]
2[***]
(e) by import, export or transport duties assessed in such manner as the State Government may direct :
Provided that where there is & difference of duty as between two licence periods,
1[18-D to 18-G - Omitted]
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1 Sections 18-D, 18-E, 18-F and 18-G were omitted by ibid.
1The State Government may, by notification subject to such conditions, if any, as the State Government may specify in such notification,--
(1) make an exemption, reduction in rate or other modification in regard to the excise duty, countervailing duty or any fee payable by or under this Act by any person or class of persons; and
(2) cancel or vary such exemption, reduction or other modification.]
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1 Section 18-H was inserted by Tamil Nadu Act 51 of 1981.
1(1) Notwithstanding anything contained in this Act or in any other law for the time being in force and without prejudice to any other mode of recovery which is being taken or may be taken, any amount due to the State Government under any of the provisions of this Act or the rules made thereunder along with interest, at such rate as may be specified by the State Government, --
(a) by deducting the amount due with interest from any money owing to the person which may be in the hands or under the control or disposal of any officer of the State Government; or
(b) by recovering the amount due with interest by attachment and sale of excisable articles belonging to the person from whom such amount is due.
(2) If the amount due to the State Government with interest cannot be deducted or recovered in
Subject to the control of the 1[State] Government, the Collector or any officer empowered by him may issue --
(a) licences for the tapping of any trees for 2[neera or padani] for consumption thereof without fermentation or for the manufacture of jaggery therefrom, or
(b) permits for the possession, transport or sale of such 2[neera or padani.]
3[***]
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1 Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
2 Substituted for the word sweet toddy by Tamil Nadu Act VIII of 1958.
3 Omitted by Tamil Nadu Act 33 of 1986.
The 1[State] Government or any officer empowered by them in this behalf may issue,--
(a) permit authorising any person 2[to consume and possess for personal consumption any liquor other than those specified by the State Government under sub-clause (i) of clause (j) of sub-section (1) of section 4] or intoxicating drug;
3[(b) licences to any institution to possess liquor and issue it to such of its members as hold permits under clause (a); 4[***]
(c) licences to any person incharge of a restaurant car attached to a railway train to possess liquor and serve it to bonafide passengers travelling by the train;
5[(d) licences to any person to possess liquor and issue it to persons or institutions who hold permits or licences under this Act, or who have be
1Subject to the provisions of section 20-B, in considering an application for the grant of a licence or permit under this Act, the authority competent to grant such licence or permit, as the case may be, shall have regard to the following matters, namely :--
(a) the suitability of the applicant for the grant of licence or permit, as the case may be;
2[***]
(c) such other matters as may be prescribed.
3[Explanation.-- It is hereby declared that, in judging the suitability of the applicant for the grant of licence or permit, as the case may be, the authority competent to grant such licence or permit shall have regard to the following factors, namely :--
(a) solvency of the applicant;
&n
Where any co-operative society registered or deemed to have been registered under any law in force for the time being, makes an application for the grant of a licence under clause (d) of section 20, the authority competent to grant such licence shall, in granting such licence, give preference to such co-operative society over every other applicant.
1Notwithstanding anything contained in this Act, no licence under this Act shall be issued --
(i) for the possession and use of denatured spirit in the manufacture of Varnish (French Polish),Picture Varnish, Insulating Varnish, Paint Remover, Gasket Shellac, Printing ink or such other commodities as may be specified by the State Government, from time to time, except to the units of any department of the State Government or of any Government Company within the meaning of the Companies Act, 1956 (Central Act 1 of 1956) or any Corporation owned or controlled by the Central Government or the State Government and to manufacturers of spirit based products who are registered with the Director-General of Technical Development, Government of India or the Director of Industries and Commerce, 2[Chennai];
(ii) for the possession and sale, whether wh
Every licence or permit granted under sections 6-A, 1[17-B, 17-C, 18, 19 2(***) or 20] shall --
(1) be granted on payment of such fees, if any, for such period, and subject to such restrictions and limitations and 3[on such terms and conditions including --
(a) the condition for deposit of such sum as may be prescribed as security for the observance of the terms and conditions of any such licence or permit;
(b) the condition for forfeiture of the whole or part of the sum so deposited for contravention of any term or condition on which the licence or permit has been granted;
(c) the condition for the replenishment of the sum so forfeited within such time as may be prescribed; and]
(2) be in such form and c
1The State Government may with a view to prevent or check the misuse of spirits, prescribe the limit of --
(a) wastage of spirits in the distillery, blending unit, brewery or ware-house licensed or established under this Act; or
(b) shortage of spirits in transport:
Provided that different limits may be prescribed for different varieties of spirits].
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1 Section 21-A was inserted by Tamil Nadu Act 68 of 1986.
(1) 1[The State Government or the Collector or the prescribed authority, as the case may be,] may cancel or suspend any such licence or permit --
(a) if any fee payable by the holder thereof be not duly paid; or
(b) in the event of any breach by the holder of such licence or permit or by his servants or by any one acting with his express or implied permission on his behalf, of any of the terms or conditions of such licence or permit; or
(c) if the holder thereof is convicted of any offence against this Act, or of any cognizable and non-bailable offence; or
2[(cc) if the holder thereof has furnished false or incorrect information in connection with the obtaining or renewal to such licence or permit; or]
(d
1[ (1) Every licence for possession and sale or issue of bottled liquor under the Madras Liquor (Licence and Permit) Rules, 1960, shall cease to be in force on the expiry of the 30th day of September 1981 :
Provided that such cessor shall not affect the previous operation of--
(i) the said licence; and
(ii) anything done or any action taken in pursuance of the said licence; and
(iii) every proceeding by way of investigation or otherwise made or taken by the State Government or other authority in respect of the said licence and any such proceeding shall be continued or enforced as if this sub-section had not been enacted.
(2) Every person who held the licence which has ceased to be in force under sub-secti
(1) Notwithstanding anything contained in this Act or in any rule made thereunder or in any judgment, decree or order of any court or other authority, every licence granted in respect of any privilege of selling, by retail, Indian-made foreign spirits shall cease to be valid on the expiry of the 31st day of May 1992 :
Provided that nothing contained in this sub-section shall affect any liability in respect of such privilege incurred before the 1st day of June 1992.
(2) The State Government may make rules for the refund of the proportionate fee and for the disposal of the unsold stock of Indian-made foreign spirits in the possession of any holder of the licence which has ceased to be in force under sub-section (1).
(3) Notwithstanding anything contained in this Act or in any rule made thereunde
In the event of any breach by the holder of such licence or permit or by his servants or by any one acting with his express or implied permission on his behalf, of any of the terms or conditions of such licence or permit, such holder shall, in addition to the cancellation or suspension of the licence or permit granted to him, 1[be punished with 2[***] imprisonment] for a term which may extend to three years, and with fine which may extend to three thousand rupees.
3[***]
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1 Substituted by Tamil Nadu Act 9 of 1979.
2 The word rigorous was omitted by Tamil Nadu Act 2 of 1989.
3 Proviso was omitted by ibid.
1[ Whoever, being the holder of licence or permit for the sale or manufacture of liquor under this Act, 2[or whoever being an employee of the Tamil Nadu State Marketing Corporation Limited 2[***] -
4[***]
(a) mixes or permits to be mixed with the liquor sold or manufactured by him, --
(i) any noxious drugs or any foreign ingredient likely to add to its actual or apparent into intoxicating quality or strength, when such admixture shall not amount to the offence of adulteration under section 272 of the Indian Penal Code (Central Act XLV of 1860); or
(ii) any illicit liquor; or
5[(aa) ***]
6[(b) ****]
(c) sells or keeps
(1) Where an offence under this Act has been committed, by a company, every person who, at the time the offence was committed, was in-charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly :
Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a company and it is proved that the offence, has been committed with the consent or connivance of, or it att
1[Whoever, being the holder of any licence or permit in respect of liquor under this Act, furnishes any information in connection with the obtaining or renewal of licence or permit under this Act, which is either false or which he knows or has reason to believe to be incorrect, shall in addition to the cancellation or suspension of the licence or permit granted to him in respect of such liquor, be punished with 2[***] imprisonment for a term which may extend to three years and with fine which may extend to two thousand rupees.
_________________________
1 Section 24-C was inserted by Tamil Nadu Act 1 of 1986.
2 The word "rigorous" was omitted by Tamil Nadu Act 2 of 1989.
1[ (1) Any Prohibition Officer specially empowered by the State Government in this behalf may accept, from any person who has committed or is reasonably suspected of having committed an offence under this Act or the rules made thereunder other than 2[the offence under clauses (aaa), (b), (f), and (h) of sub-section (1), and offence punishable under sub-section (1-A) of section 4 and offences under section 6 and section 52-E] by way of composition of such offence a sum of money not exceeding 3[ten thousand rupees but not less than one thousand rupees].
(2) On payment of such sum of money to such officer, the accused person, if in custody, shall be discharged and no further proceedings in respect of the offence shall be taken against such person.
______________________________
1 Section 24-D was
Section 24(d) of the Tamil Nadu Prohibition Act, 1937, pertains to the powers granted to Prohibition Officers to compound offences related to liquor prohibition. It plays a crucial role in the enforcement mechanism by allowing administrative resolution of certain offences, thereby affecting subsequent proceedings such as confiscation and prosecution.
Section 24(d) empowers specially empowered Prohibition Officers to accept compounding of offences. It states that offences under the Act can be compounded, and the section specifies the conditions and procedures for such compounding. Notably, it grants authority to officers to accept sums of money or other considerations in lieu of prosecution or punishment, subject to prescribed rules.
In summary, Section 24(d) of the Tamil Nadu Prohibition Act, 1937, empowers officers to compound offences within prescribed limits, but this does not bar subsequent confiscation proceedings, especially concerning vehicles used in offences. The provision emphasizes administrative efficiency while maintaining safeguards through rules and judicial interpretation.
The 1[State] Government may, from time to time, by notification, --
(a) appoint an officer to exercise all the powers of a Collector under this Act in all local areas in which it is in force and to have the control of the administration of the provisions of this Act in such areas;
(b) appoint any person other than the Collector of land revenue to exercise within a district all or any of the powers and to perform all or any of the duties of a Collector under this Act, either concurrently with or in exclusion of the Collector of land revenue, subject to such control as the 1[State] Government may, from time to time, direct;
(c) withdraw from the Commissioner or the Collector of land revenue any or all of the powers conferred on him by this Act;
(d) ap
1[ (1) The State Government may, by notification, authorize the Commissioner or any other officer sub-ordinate to them to exercise any of the powers vested in them under this Act except the power to make rules and to issue notifications.
(2) The exercise of any power delegated under sub-section (1) shall be subject to such restrictions and condition as may be specified in the notification and subject also to control and revision by the State Government.]
___________________________
1 Section 25-A was inserted by Tamil Nadu Act 23 of 1981.
1(1) The State Government may, for the whole of the 2[State of Tamil Nadu] and the Collector of a district may, for such area in the district as the State Government may, by general or special order, determine in this behalf, constitute prohibition committees to assist them or him in carrying out the objects of this Act.
(2) Every member of a prohibition committee shall observe the working of this Act and report thereon and on every matter connected therewith at the prescribed intervals and at any other time he thinks fit, to the State Government in case he is a member of the prohibition committee constituted by the State Government and to the Collector in case he is a member of the prohibition committee constituted by the Collector.
(3) Every member of a prohibition committee shall be entitled to give information at any police station r
The 1[State] Government may, by notification, and subject to such conditions as may be prescribed in such notification, empower all or any of the officers or classes of officers or person mentioned in section 32 through out the 1[State] or any local area, to admit a person arrested under that section to bail to appear, when summoned or otherwise directed, before a Police or Prohibition Officer or Magistrate having jurisdiction to enquire into the offence for which such person has been arrested, and may cancel or vary such notification.
____________________________
1 Substituted for the word Province" by the Adaptation of Laws Order, 1950.
If any Collector, Prohibition Officer or Magistrate, upon information obtained and after such inquiry as he thinks necessary, has reason to believe that an offence under sub-section (1) of section 4 has been committed, he may issue a warrant for the search for any liquor, intoxicating drug materials, still, utensil, implement or apparatus in respect of which the alleged offence has been committed. Any person who has been entrusted with the execution of such a warrant may obtain and search, and if he thinks proper, arrest any person found in the place searched, if he has reason to believe such person to be guilty of any offence under this Act:
Provided that every person arrested under this section shall be admitted to bail by the person arresting, if sufficient bail be tendered for his appearance either before a Magistrate or before a Police or Prohibition Officer, as the case may b
Whenever a Collector, any Prohibition Officer not below such rank as the 1[State] Government may determine, any Police Officer not below the rank of Sub-Inspector, any Officer in-charge of a police station, or any other paid or honorary officer authorized by the 1[State] Government in this behalf has reason to believe that an offence under sub-section (1) of section 4 has been committed and that the delay occasioned by obtaining a search warrant under section 28 will prevent the execution thereof, he may, after recording his reasons and the grounds of his belief, at any time by day or night enter and search any place and may seize anything found therein which he has reason to believe to be liable to confiscation under this Act; and may detain and search and, if he thinks proper, arrest any person found in such place whom he has reason to believe to be guilty of any offence under this Act:
&nbs
1The Collector, any Prohibition Officer not below such rank as the State Government may determine or any Police or other paid or honorary officer authorized by the State Government in this behalf, may enter and inspect at any time by day or by night, any place in which it is reasonably suspected--
(a) that any toddy is drawn, or the manufacture of any other liquor or of any intoxicating drug is carried on; or
(b) that any liquor or intoxicating drug is kept for sale or stored; or
(c) that an offence under 2[****] section 5 has been, or is being committed;
and may examine, test, measure or weigh any material still, utensil, implement, apparatus, liquor or intoxicating drug found in such place.]
___________
If any officer empowered to make an entry under sections 28, 29 or 30 cannot otherwise make such entry, it shall be lawful for him to break open any outer or inner door or window and to remove any other obstacles to his entry into any such place.
Any Prohibition Officer, any officer of the Police or Land Revenue Departments, and any other person authorized in that behalf--
(a) may arrest without warrant any person found committing an offence punishable 1[under section 4, sub-section (1) 2[***], or section 5 3[or section 7 or section 24 or any offence punishable with rigorous imprisonment for three years and upwards];
(b) may seize and detain any liquor, drug or other article which he has reason to believe to be to confiscation under this Act; and
(c) may search any person, vessel, vehicle, animal package, receptacle or covering, upon whom or in or upon which, he may have reasonable cause to suspect any such liquor, drug or other article to be or to be concealed :
Provided that if the officer
1[(1) If the State Government consider that with a view to prevent or check the import, export, transport or transit of liquor without obtaining a licence or permit as required under the provisions of this Act, it is necessary so to do, they may, by notification, direct the setting up of check post or the erection of barrier or both, at such place or places as may notified.
(2) At every checkpost or barrier mentioned in sub-section (1) or at any other place when so required by the Prohibition Officer or the officer-in-charge of the checkpost or barrier or any other officer empowered by the State Government in this behalf, the driver or any other person in-charge of any animal, vessel, cart or other vehicle, as the case may be, and keep it stationery so long as may reasonably be necessary and allow the Prohibition Officer or officer in-charge of the checkpost, or barrier or the Offi
Any person who may be accused or reasonably suspected of committing an offence against this Act and who on demand made by any Prohibition Officer or any officer of the Police or Land Revenue Departments or by any other person authorized in that behalf refuses to give his name and residence or who gives a name or residence which such officer or person has reason to believe to be false, may be arrested by such officer or person in order that his name and residence may be ascertained.
All searches under the provisions of this Act shall be made in accordance with the provisions of the 1[Code of Criminal Procedure, 1973 (Central Act 2 of 1974)].
___________________________
1 Substituted by Tamil Nadu Act 9 of 1979.
Officials of all departments of the 1[State] Government and of all local bodies shall be legally bound to assist any Prohibition or Police Officer in carrying out the provisions of this Act.
___________________________
1 Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
Every official employed by the 1[State] Government or by any local body, other than a Police or Prohibition Officer, shall be bound to give immediate information at the nearest police station or to a Prohibition Officer of all breaches of any of the provisions of this Act which may come to his knowledge; and all such officials shall be bound to take all reasonable measures in their power to prevent the commission of any such breaches which they may know or have reason to believe are about or likely to be committed.
___________________________
1 Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
All zamindars, proprietors, tenants, under-tenants and cultivators who own or hold land or house property on or in which there shall be any tapping for toddy or manufacture of liquor or intoxicating drugs shall, in the absence of reasonable excuse, be bound to give notice of the same to a Magistrate or to a Prohibition Officer or to an officer of the Police or Land Revenue Departments immediately the same shall have come to their knowledge.
(1) When any person is arrested under the provisions of sections 28, 29, 32 or 33, the person arresting him shall, unless bail shall have been accepted under the provisions of sections 28, 29 or 32, forthwith forward him to the nearest police station or to a Prohibition Officer, with a report of the circumstances under which such arrest was made.
(2) Procedure of police station Officer.-- On any such person being brought to a police station as aforesaid, the officer in-charge thereof shall either admit him to bail to appear when summoned, before himself, or before the Prohibition Officer, if any, or any Police Officer within the limits of the jurisdiction of which Prohibition or Police Officer the offence, with which he is charged is suspected to have been committed, or in default of bail, shall forward him in custody to such officer.
(3
It shall be the duty of any officer arresting any person under the powers conferred by section 28 or 29 and of any officer in-charge of a police station or any Police or Prohibition Officer before whom a person arrested is brought or appears under the provisions of section 38 to release such person on bail if sufficient bail be tendered for his appearance before a Police or Prohibition Officer or before a Magistrate, as the case may be.
(1) Before any person is released on bail, a bond in such sufficient but no excessive sum of money as the officer admitting him to bail thinks proper shall be executed by such person and by one or more sureties, conditioned that such person shall attend in accordance with the terms of the bond and shall continue to attend until otherwise directed by the Police or Prohibition Officer before whom he was bailed to attend, or by the Magistrate, as the case may be :
Provided that the officer admitting any such person to bail, may, in his discretion, dispense with the requirement of a surety or sureties to the bond executed by such person.
(2) The 1[State] Government shall, from time to time, determine the form of the bond to be used in any local area.
___________________________
&nbs
When by reason of default of appearance of a person bailed to appear before a Police or Prohibition Officer, such officer is of opinion that proceeding should be had to compel payment of the penalty or penalties mentioned in the bond of the person bailed or of the surety or sureties, he shall forward the bond to the Magistrate having jurisdiction to inquire into or try the offence of which the person bailed was accused, and the Magistrate shall proceed to enforce the payment of the penalty or penalties in the manner provided by the 1[Code of Criminal Procedure, 1973 (Central Act 2 of 1974)] for the recovery of penalties in the like case of default or appearance by a person bailed to appear before his own Court.
___________________________
1 Substituted by Tamil Nadu Act 9 of 1979.
1[ (1) Any officer authorized to arrest a person for an offence punishable under section 4(1)(j) in so far as it relates to consumption of liquor or any intoxicating drug who has reason to believe that any person has consumed liquor or any intoxicating drug, may produce such person for examination, before any medical officer authorised by the State Government and request the medical officer to furnish a certificate on his finding whether such person has consumed any liquor or intoxicating drug or is in a state of intoxication or not.
(2) Any medical officer before whom such person is produced shall be bound to examine such person and furnish to the officer by whom such person has been produced a certificate as to the state of such person, and if any form has been prescribed for the purpose, in such form.
(3) If the person produced is a w
1[ Where in any trial of an offence punishable under section (4)(1)(j), it is proved that a person has consumed liquor or any intoxicating drug, it shall be presumed, until the contrary is proved, that such liquor or intoxicating drug is an illicit variety.]
____________________
1 Inserted by Tamil Nadu Act 9 of 1979.
Any Police or Prohibition Officer holding an inquiry in the manner provided in section 38 may summon any person to appear before himself to give evidence on such inquiry or to produce any document relevant thereto which may be in his possession or under his control:
Provided that no such officer shall so summon any person to appear before him if the journey to be made for complying with such summons exceeds ten miles by road or fifty miles by rail or such other limits as the 1[State] Government may fix.
________________
1 Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
Every summons issued under section 42 shall state whether the person summoned is required to give evidence or to produce a document, or both and shall require shall him to appear before the said officer at a stated time and place.
Persons so summoned shall attend as required and shall answer all questions relating to such inquiry put to them by such officer. Such answer shall be reduced to writing and shall be signed by such officer.
It shall be lawful for a Police or a Prohibition Officer, instead of summoning to appear before him any person who, from sickness or other infirmity, may be unable so to do, or whom by reason or rank or sex, it may not be proper to summon, to proceed to the residence of such person and thereto require him to answer such questions as he may consider necessary with respect to such inquiry; and such person shall be bound so to answer accordingly, and the provisions of section 44 shall apply to such answers.
Any Police or Prohibition Officer may after recording his reason in writing, summon any person to appear before him whom he has good reason to suspect of having committed an offence under this Act. On such person appearing before such officer, the procedure prescribed by sections 38 to 45 shall become applicable.
The officer may also, if he considers it necessary for the investigation of the case, exercise the powers conferred by sections 42 to 45 before summoning the persons suspected.
The law for the time being in force as to summonses and compelling the attendance of persons summoned in criminal courts shall, so far as the same may be applicable, apply to any summons issued by a police or Prohibition Officer and to any person summoned by him to appear under the provisions of this Act.
When a Police or Prohibition Officer forwards in custody any person accused of an offence under this Act to the Magistrate having jurisdiction to inquire into or try the case, or admits any such person to bail to appear before such Magistrate, such officer shall also forward to such Magistrate a report setting forth the name of the accused person and the nature of the offence with which he is charged and the names of the persons who appear to be acquainted with the circumstances of the case, and shall send to such Magistrate any article which it may be necessary to produce before him. Upon receipt of such report, the Magistrate shall inquire into such offence and try the person accused thereof in like manner as if complaint had been made before him as prescribed in the 1[Code of Criminal Procedure, 1973 (Central Act 2 of 1974)].
_______________
&nbs
When a Police or Prohibition Officer forwards in custody any person accused of an offence against this Act to the Magistrate having jurisdiction to inquire into to try the case or admits him to bail to appear before such Magistrate, such officer shall exercise all the powers conferred by the
1[Code of Criminal Procedure, 1973 (Central Act 2 of 1974)]. On an officer in-charge of a police station in respect to causing the appearance before such Magistrate of such persons acquainted with the facts and circumstances of the case as he considers it necessary, then such Magistrate shall examine as witnesses for the prosecution of such case.
___________________________
1 Substituted by Tamil Nadu Act 9 of 1979.
1Any person arrested for an offence under this Act shall be informed, as soon as may be, of the grounds for such arrest and shall be produced before the nearest Magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the Court of the Magistrate; and no such person shall be detained in custody beyond the said period without the authority of a Magistrate].
___________________________
1 Substituted for the original section 50 by the Adaptation (Amendment) Order of 1950.
All officers in-charge of police stations shall take charge of and keep in safe custody pending the orders of a Magistrate or of a Prohibition Officer, all articles seized under this Act which may be delivered to them; and shall allow any Prohibition Officer who may accompany such articles to the police station, or who may be deputed for the purpose by his superior officer, to affix his seal to such articles and to take samples of and from them. All samples so taken shall also be sealed with the seal of the officer in-charge of the police station.
The District Magistrate shall have power to transfer any case under this Act pending inquiry or trial before any Magistrate or Officer in the district to any other Magistrate or Officer therein.
1[ (1) Whenever any person is convicted of an offence punishable under 2[clause (a)], 3[clause (aa), clause (aaa)], clause (b), clause (c), clause (e), clause (f), clause (g), clause (h), clause (i), clause (jj) of section 4(1) and the court convicting him of opinion that such person habitually commits or attempts to commit, or abets the commission of any such offence and that it is necessary to require such person to execute a bond for abstaining from the commission of any such offence, the court may, at the time of passing sentence on such person, order him to execute a bond for a sum, proportionate to his means, with or without sureties, for abstaining from the commission of such offence during such period, not exceeding three years as it thinks fit to fix.
(2) The bond shall be in the form contained in Schedule II, and the provisions of the 4[Code of Criminal Procedure, 1973 (C
(1) Notwithstanding anything contained in the 2[Code of Criminal Procedure, 1973 (Central Act 2 of 1974) or the Probation of Offenders Act, 1958 (Central Act 20 of 1958)] when any person is found guilty of--
(a) any offence punishable under 1[section 6]; or
(b) the commission, attempt to commit, or abetment of the commission of any of the acts making up any such offence as is referred to in clause (a) when such commission, attempt or abetment is punishable under section 12;
3[***].
(c) 3[***] and no previous conviction for any offence under this Act is proved against him, the court by which he is found guilty may, instead of sentencing him at once to any punishment release him on his entering into a bond, with atleast one surety to appear and receiv
Except as provided in section 52-B, not withstanding anything contained in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) and the Probation of Offenders Act, 1958 (Central Act 20 of 1958), no person convicted under this Act shall be released on probation or with admonition.]
___________________________
1 Substituted by Tamil Nadu Act 9 of 1979.
(1) If the court before which the offender is bound by his bond under section 52-B to appear for sentence when called upon, or any court which could have dealt with the offender in respect of his original offence, has reason to believe that the offender has failed to observe any of the conditions of the bond executed by him, it may issue a warrant for his apprehension or may, if it thinks fit, issue a summons to the offender and his surety or sureties requiring him or them to attend before it at such time as may be specified in the summons.
(2) The court before which the offender is so brought or appears may either remand him to custody until the case is concluded, or admit him to bail with atleast one surety, to appear on the date of hearing.
(3) If the court after hearing the case is satisfied that the offender has failed to observe an
The provisions of sections 1[121, 123, 124, 373, 446, 447, 448 and 449 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974)] shall, so far as may be, apply in the case of sureties given under this act.
___________________________
1 Substituted by ibid.
1[ (1) When any person having been previously convicted thrice or more --
(i) of an offence falling under clause (a), 2[clause (aa), clause (aaa)], clause (b), clause (f), clause (g), clause (h), clause (i) or clause (jj) of sub-section (1) of section 4, or an offence falling under clause (k) of the said sub-section in so far as it relates to an act specified in any of the clauses aforesaid; or
(ii) of an offence falling under section 5 or section 7, is again convicted of the same offence, the court may, if it thinks fit at the time of passing the sentence of 3[***] imprisonment on such person, also by order direct such person to remove himself after the expiry of such sentence outside the City of 4[Chennai] or any district in mofussil or other area specified in such order.
(2) The order under
1[Save as expressly provided in this Act, nothing contained therein] shall affect the operation of the 2[Code of Criminal Procedure, 1973 (Central Act 2 of 1974)].
___________________________
1 Substituted by Tamil Nadu Act 9 of 1979.
2 Substituted for the words "Nothing contained in this Act" by Tamil Nadu Act VIII of 1958.
1[ A Prohibition Officer shall be deemed to be a Police Officer within the meaning and for the purposes of section 125 of the Indian Evidence Act, 1872 (Central Act I of 1872)].
_________________________
1 Section 53-A was inserted by Tamil Nadu Act XLV of 1949.
(1) The 1[State] Government may make rules for the purpose of carrying into effect the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing provision, the 1[State] Government may make rules-
2[(a) for the issue of licences and permits and the enforcement of the conditions thereof;
(aa) prescribing the penalty for wastage or shortage of spirits in excess of the prescribed limits at such rate not exceeding 3[sixteen rupees per proof litre].
(b) prescribing the powers to be exercised and the duties to be performed by paid and honorary Prohibition Officers in furtherance of the objects of the Act;
4[(bb) prescribing the ways in which the duty under section 18-A ma
All rules made and notifications issued under this Act shall be published in the Official Gazette and upon such publication, shall have effect as if enacted in this Act.
No action shall lie against the 1[Government] or against any Prohibition, Police or other officer for damages in any civil court for any act bona fide done or ordered to be done in pursuance of this Act.
___________________________
1 Substituted for the word "Crown" by the Adaptation of Laws Order of 1950.
1[ Notwithstanding anything contained in the Code of Civil Procedure, 1908 (Central Act V of 1908) or in any other law for the time being in force, no court shall grant any permanent or temporary injunction or make any interim order restraining any proceeding which is being or about to be taken for,--
(i) the recovery of any sum or fee or both levied in consideration of the grant of any exclusive or other privilege under this Act or the rules made thereunder or any fee including vend fee or any duty levied by or under this Act or the rules made thereunder;
(ii) the grant of any privilege under section 17-C or licence under section 17-B].
________________________
1 Section 56-A was inserted by Tamil Nadu Act 2 of 1983.
1[ No civil court shall have jurisdiction in respect of any matter which the Commissioner or other officer or the Tamil Nadu State Marketing Corporation Limited or other authority empowered by or under this Act has to determine and no injunction shall be granted by any court in respect of any action taken or to be taken by such Commissioner, officer, Corporation or other authority in pursuance of any power conferred by or under this Act.]
___________________________
1 Section 56-B was inserted by Tamil Nadu Act 29 of 1985.
All courts shall take judicial notice of all notification and orders conferring powers, imposing duties and making appointments under this Act.
1[SCHEDULE l]
(See section 2)
Year Number Short title or subject Extent of repeal
(1) (2) (3) (4)
1886 I 2[Tamil Nadu Acts] Tamil Nadu Abkari Act, 1886
The whole.
1905 I The Tamil Nadu Abkari (Amendment) Act, 1905. Do.
1913 I The Tamil Nadu Abkari (Amendment) Act, 1913 Do.
1915 I The Tamil Nadu Abkari (Amendment) Act, 1915. Do.
ACTS OF THE TAMIL NADU LEGISLATURE
1929 XVII The Tamil Nadu Abkari (Amendment) Act, 1929. The Whole.
1930 II The
The Tamil Nadu Prohibition Act, 1937, is a comprehensive legislation aimed at prohibiting the manufacture, sale, and consumption of intoxicating liquors and drugs within the state of Tamil Nadu. It establishes the framework for enforcement, defines offences, and prescribes penalties related to alcohol and drug prohibition, reflecting the state's policy to control substance abuse and maintain public order.
Schedule I of the Tamil Nadu Prohibition Act, 1937, primarily lists offences and specifies punishments associated with violations of the Act, including breaches of conditions related to exemptions, offences committed in areas where the Act is extended, and other related violations.
Schedule I's scope encompasses:- Listing specific offences under the Act.- Detailing penalties for each offence.- Covering offences committed in various contexts, including public places and extended areas.- Addressing offences by corporations and individuals.- Providing procedural powers to enforcement authorities, such as search and seizure.
Penalties under Schedule I include:- Imprisonment which may extend to three months or more, depending on the offence.- Rigorous imprisonment extending up to ten years for certain violations.- Fines, sometimes with minimum thresholds (e.g., Rs. 2000 or Rs. 3000).- Penalties for breach of exemption conditions, intoxication in public, and malicious acts.
This legal commentary synthesizes the provisions and interpretations drawn from the provided sources, highlighting key aspects of Schedule I of the Tamil Nadu Prohibition Act, 1937.
1[SCHEDULE II]
BOND TO ABSTAIN FROM THE COMMISSION OF OFFENCES UNDER THE 2[TAMIL NADU]
PROHIBITION ACT, 1937
(See section 52-A)
Whereas I,______________(name), inhabitant of___________
(place) have been called upon to enter into a bond to abstain from the commission of any offence under sections 3[4(1)(a), 4[4(1)(aa), 4(1)(aaa)], 4(1)(b), 4(1)(d), 4(1)(e), 4(1)(f), 4(1)(g), 4(1)(h), 4(1)(i) and 4(1))(jj)] of the 2[Tamil Nadu] Prohibition Act, 1937, for the term of______________.
I hereby bind myself not to commit any such offence during the said term and, in case of my making default therein, I hereby bind myself to forfeit to the State of 2[Tamil Nadu] the sum
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