The Punjab Excise (Haryana Validation) Act, 2019

1.

All orders made, actions taken and acts done under the Haryana Government, Excise and Taxation Department, notification No.7/X-1/P.A. 1/1914/S.59/2017, dated the 29th March, 2017, issued in exercise of the powers conferred by section 59 of the Punjab Excise Act, 1914 (Punjab Act 1 of 1914) shall be deemed to be and always deemed to have been validly made, taken and done as if the said notification had been issued under section 58 of the said Act and accordingly,

1. (i) all orders made, actions taken and acts done by the Government or by any Officer of the Government shall, for all purposes, be deemed to be, and always deemed to have been made, taken and done in accordance with law and shall not be called in question before any court of law;
2. (ii) no suit or other proceedings shall be maintained or continued in any court or before any authority. 1. Short title 1. This Act may be called the Punjab Excise (Haryana Validation) Act, 2019. 2. Amendment of section 3 of Punjab Act 1 of 1914 2. After clause

1. (15) of section 3 of the Punjab Excise Act, 1914 (hereinafter called the principal Act), the following clause shall be inserted, namely:-

“(15A) “major and minor offences”

1. (a) major offences mean-
   • (i) adulteration;
   • (ii) possession, transport and sale of non-duty paid liquor, (NDPL);
   • (iii) illicit manufacture, unlawful possession, transport, transit and sale of liquor;
   • (iv) rendering denatured spirit fit for human consumption;
   • (v) mixing noxious substance with liquor;
   • (vi) tampering with sealed bottles;
   • (vii) sale to minor;
2. (b) all offences other than those mentioned in sub-clause
3. (a) above under this Act shall be minor offences;”.

4.

Amendment of section 63 of Punjab Act 1 of 1914 5. In section 63 of the principal Act, for the words “and more than three years and with a minimum fine of five thousand rupees and a maximum fine upto ten thousand rupees”, the words “which may extend to five years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees” shall be substituted.

6. For section 63-A of the principal Act, the following section shall be substituted, namely:- “63-A. Penalty for possession of unused and printed labels corks, etc., in contravention section 24-A.- Whoever in contravention of the provision of section 24-A has in his possession any unused and printed label, cork, capsule or seal, or an imitation thereof, shall be punishable with imprisonment which shall not be less than six months but which may extend to two years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees.

7. In section 64 of the principal Act, for the words “he shall be punishable with imprisonment for a term which may extend to three months, and with fine which may extend to five thousand rupees”, the words “he shall be punishable with imprisonment for a term which may extend to one year and with fine which may extend to ten thousand rupees” shall be substituted.

8. After clause

1. (c) of section 65 of the principal Act, the following clauses shall be added, namely:- “(d) allows disorderly conduct or gaming on the licenced premises; or
2. (e) reduces the strength of any liquor below the prescribed limit; shall be punishable with imprisonment which may extend upto six months and with fine which shall not be less than ten thousand rupees and not more than fifty thousand rupees.”.

9. For section 72 of the principal Act, the following section shall be substituted, namely:- “72. Certain offences to be non-bailable.- All offences punishable under this Act with imprisonment with two years or more, shall be non-bailable and cognizable and the provisions of the Code of Criminal Procedure, 1973 (2 of 1974) with respect to non-bailable and cognizable offences, shall apply to those offences.”

10. After section 72 of the principal Act, the following sections shall be inserted, namely:- “72A. Penalty for mixing noxious substance with liquor.- Whoever, mixes or permits to be mixed with any liquor sold or manufactured or possessed by him any noxious drug or any foreign ingredient likely to cause disability or grievous hurt or death to human beings, shall be punishable, if as a result of such an act,-

1. (a) death is caused, with death or imprisonment for life and shall also be liable to fine which may extend to ten lakh rupees;
2. (b) disability or grievous hurt is caused, with imprisonment for a term which shall not be less than six years but which may extend to imprisonment for life, and with fine which may extend to five lakh rupees;
3. (c) any other consequential injury is caused to any person, with imprisonment for a term which may extend to one year and fine which may extend to two lakh fifty thousand rupees;
4. (d) no injury is caused, with imprisonment which may extend to six months and fine which may extend to one lakh rupees. Explanation.- For the purpose of this section, the expression "grievous hurt" shall have the same meaning as assigned to it in section 320 of the Indian Penal Code, 1860 (XLV of 1860).

Provided that where the liquor is sold in a licensed shop, the liability to pay the compensation under this section shall be on the licensee.

1. (2) Any person aggrieved by an order under sub-section
2. (1) may, within thirty days from the date of the order, prefer an appeal to the High Court: Provided that no appeal shall be filed by the accused unless the amount ordered to be paid under sub-section
3. (1) is deposited by him in the court: Provided further that if the High Court is satisfied that the applicant was prevented by sufficient cause from making the application within the said period of thirty days it may entertain the application within a further period of ninety days, but not thereafter.

(a) consumes liquor in a public place; (b) consumes liquor in public place and creates nuisance; (c) permits drunkenness or allows assembly of unsocial elements on the premises of liquor establishment, shall be punishable,- (1) in case of an offence falling under clause (a), with fine which may extend to five thousand rupees; (2) in case of an offence falling under clause (b), with imprisonment for a term which may extend to three months and fine which may extend to ten thousand rupees; (3) in case of an offence falling under clause (c), with imprisonment for a term which may extend to six months and fine up to fifty thousand rupees.

Provided that this section shall not apply to catalogue and price list and advertisement generally or specially approved by the Excise Commissioner for display at the points of sale for consumer information and education.

1. (2) Any person who is reasonably suspected of having committed a minor offence under this Act, may apply to the Collector for compounding of the offence, before he is convicted.
2. (3) On receipt of such application, the Collector, having regard to the circumstances of the case, may in his discretion order for compounding of the offence on payment of a sum of money by way of compounding fee or compensation for the offence on such terms and conditions, as he deems fit.
3. (4) On payment by the person of such sum of money, such person, if in custody, shall be set at liberty and no proceeding shall be instituted or continued against such person in any criminal court: Provided that the sum of money fixed as compounding fee or compensation by the Collector under this section shall not be less than five times and not be more than ten times the duty, involved or value of intoxicant, apparatus, vehicle and other material, whichever is higher:

Certain things liable to be seized.- Where intoxicant, apparatus, vehicle or other material is seized, involved in any major offence under this Act, the same shall not be released but shall be disposed of in such manner, as may be prescribed.