The Telangana Prohibition Act, 1995
The Telangana Prohibition Act, 1995
0. Preamble
THE TELANGANA PROHIBITION ACT, 1995. (ACT NO. 17 OF 1995)
1. Short title, extent and commencement.
(1) This Act may be called the Telangana Prohibition Act, 1995. (2) It extends to the whole of the State of Telangana. (3) It shall come into force on such date as the Government may, by notification, appoint.
2. Definitions.
In this Act, unless the context otherwise requires,– (1) „arrack‟ means country liquor including arrack brewed, coloured, flavoured or spiced; (1A) „buy‟ or „buying‟ includes any receipts including gift; (2) „Collector‟ means the Collector of a district and includes the joint Collector or any person appointed by the Government to exercise the powers and perform the functions of a Collector under this Act; (3) „Commissioner‟ means the Commissioner of Prohibition and Excise appointed under section 3 of the Telangana Excise Act, 1968; (4) „foreign liquor‟ includes every liquor imported into India, other than [Indian Made Foreign Liquor]; (5) „Government‟ means the State Government; (6) [Indian made Foreign Liquor]‟ means liquor produced, manufactured or compounded in India after the manner of gin, brandy, whisky or rum imported from foreign countries and includes „milk punch‟ and other liquors consisting of or containing any such spirits, but does not include foreign liquor; (7) „liquor‟ includes,- (a) spirits of wine, denatured spirits, methylated spirits, rectified spirits, wine, beer, toddy and every liquid consisting of or containing alcohol; and (b) any other intoxicating substance which the Government may, by notification, declare to be liquor for the purposes of this Act; (8) „local body‟ means any Municipal Corporation Municipality, Notified Area, Gram Panchayat, Mandal Praja Parishad, Zilla Praja Parishad, Township or a Cantonment constituted under the relevant law for the time being in force; (9) „notification‟ means a notification published in the Telangana Gazette and the term „notified‟ shall be construed accordingly; (10) „place‟ includes an open place, a house, club, shed, enclosure, building, shop, tent, vessel, raft and vehicle; (11) „police station‟ includes any place which the Government may, by notification, declare to be a police station for the purpose of this Act; (12) „prescribed‟ means prescribed by rules made under this Act; (13) „Prohibition Officer‟ means the Commissioner, a Collector or any Officer or other person to whom the Commissioner or the Collector delegates his powers or functions under section 6; (14) „sale‟ or „selling‟ includes any transfer including gift; (15) [XXX] (16) words and expressions used in this Act but not defined shall have the meanings assigned to them in the Telangana Excise Act, 1968.
5. Officers and staff.
The officers and staff referred to in section 5 of the Telangana Excise Act, 1968 shall be deemed to be officers and staff appointed also for the purposes of giving effect to this Act and for this purpose it shall be competent for the Government to give such directions and to make such rules as they may deem fit with regard to their powers and functions.
6. Delegation.
For purposes of giving effect to this Act, the Commissioner, [the Collector, the Assistant Commissioner of Prohibition and Excise] or the Prohibition and Excise Superintendent may, by order, delegate to any officer subordinate to him any of the powers conferred on or functions entrusted to the Commissioner, [the Collector, the Assistant Commissioner of Prohibition and Excise] or the Prohibition and Excise Superintendent by or under this Act, subject to such restrictions and control as may be prescribed, and subject all of such limitations and conditions, if any, as may be specified in the order of delegation.
7. Prohibition of selling, buying and consumption of liquor.
The selling, buying being in possession and consumption of liquor, otherwise than in accordance with the provisions of this Act, or as the case may be, the Telangana Excise Act, 1968 is hereby prohibited.
9. Punishment for being found in a state of intoxication.
Whoever is found in a state of intoxication in and public place otherwise than as permitted under any law shall be punishable with imprisonment which shall not be less than two months but which may extend upto one year or with fine which may extend upto two thousand rupees or with both. Explanation:- For the purposes of this section “intoxication” means a state of mind and behaviour in which a person is incapable of knowing the nature of his actions or incapable of judging the consequences thereof by reason of intoxication.
10. Punishment for abetment of escape of persons arrested, etc.
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 (b) acts in any manner inconsistent with his duty for the purpose of enabling any person to do anything where by any of the provisions of this Act may be evaded or broken shall be punished with imprisonment which may extend upto six months or with fine which may extend up to five hundred rupees or with both.
11. Punishments for offences not otherwise provided for.
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 punishable with fine which may extend upto five hundred rupees.
12. Things liable to confiscation.
Without prejudice to the powers of the Excise Officers under section 46 of the Telangana Excise Act, 1968 in case in which an offence has been committed against this Act, liquor by means of which the offence has been committed shall be liable to confiscation along with the receptacles, package, coverings, animals, vessels, carts or other vehicles used to hold or carry the same.
13. Confiscation of things by Prohibition and Excise Officers in certain cases.
(1) Notwithstanding anything contained in this Act or in any other law for the time being in force where, anything liable for confiscation under section 12 is seized and detained under the provisions of this Act, the officer seizing and detaining such property shall without any unreasonable delay, produce the said seized property before the Deputy Commissioner of Prohibition and Excise who has jurisdiction over the area. (2) On production of the said seized property under sub-section (1), the Deputy Commissioner of Prohibition and Excise if satisfied that an offence under this Act has been committed may whether or not a prosecution is instituted for the commission of such an offence, order confiscation of such property: Provided that the Deputy Commissioner of Prohibition and Excise specially empowered in that behalf may accept such sum of money as may be prescribed in lieu of confiscation and release the animals or vessels or carts or other vehicles reasonably suspected of involvement in any offence falling under sub-clause (i) of clause (b) of section 8 of this Act. (3) while making an order of confiscation under sub-section (2), the Deputy Commissioner of Prohibition and Excise may also order that such of the properties to which the order of confiscation relates which in his opinion need not be preserved; or are not fit for human consumption be destroyed. (4) Where the Deputy Commissioner of Prohibition and Excise after passing an order of confiscation under sub-section (2) is of the opinion that it is expedient in public interest so to do, he may order the confiscated property or any part thereof to be sold by public auction or dispose of departmentally. (5) The Deputy Commissioner of Prohibition and Excise shall submit a full report of all particulars of confiscation to the Commissioner of Prohibition and Excise within twenty four hours of such confiscation. (6) The Deputy Commissioner of Prohibition and Excise shall, for purposes of this Act, have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 when making enquiries under this section in respect of the following matters, namely:- (a) receiving evidence on affidavits; (b) summoning and enforcing the attendance of any person and examining him on oath; and (c) compelling the production of documents.
14. Police to take charge of article seized
All officers in charge of police stations shall take charge of and keep in safe custody under seal all articles seized under this Act along with samples which shall also be sealed with the seal of the officer in charge of the police station. The seized property including vehicles involved shall be produced before the Deputy Commissioner of Prohibition and Excise having jurisdiction, to take action in accordance with the procedure specified in section 13.
15. Regulation of liquor other than arrack
The production, manufacture, storage, possession, collection, purchase, sale and transport of liquor other than arrack and all other matters connected therewith shall be regulated in accordance with the provisions of the Telangana Excise Act, 1968 or the Telangana (Regulation of Trade in Indian Made Foreign Liquor, Foreign Liquor) Act, 1993, as the case may be and the rules and notifications and orders issued thereunder.
21. Arrest of offenders and seizure of contraband liquor and articles without warrant
Any Prohibition Officer or any Police Officer, not below the rank of a Sub-Inspector,-
(a) may arrest without warrant any person found committing an offence punishable under section 7, section 7A, section 8 or section 9;
(b) may seize and detain any liquor or other article which he has reason to believe to be liable to confiscation under this Act; and
(c) may search any person, vessel, vehicle, animal, package, receptacle or covering, upon whom or in which, he may have reasonable cause to suspect any such liquor or other article or to be concealed.
22. Arrest of persons refusing to give name or giving false name
Any person, who may be accused or reasonably suspected of committing an offence under this Act, and who on demand made by any Prohibition Officer or any Police Officer not below the rank of a Sub-Inspector refuses to give his name and residence or who gives a name or residence which such officer has reason to believe to be false, may be arrested by such Officer in order that his name and residence may be ascertained.
24. Power to Prohibition and Excise Officer in matters of investigation
(1) Any Prohibition and Excise Officer not below the rank of a Sub-Inspector may, as regards offences under this Act, exercise within such area as may be notified in this behalf, powers conferred on an Officer incharge of a police station by the provision of Code of Criminal Procedure, 1973: Provided that any such power shall be subject to such restrictions and modifications, as may be prescribed.
(2) For the purposes of section 156 of the said Code the area in regard to which a Prohibition and Excise Officer is empowered under sub section (1) shall be deemed to be a police station and such officer shall be deemed to be the officer-in-charge of such station.
26. Punishment for vexatious search of arrest
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;
28. Duty of officials of all Departments and local bodies to assist.
Officials of all departments of the 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.
30. Protection of action taken under this Act.
No suit or other legal proceedings shall lie against the Government or any officer or any other person empowered to exercise powers or to perform the functions under this Act for anything in good faith done or intended to be done under this Act.
32. Savings.
Nothing in this Act shall be deemed to preclude,-
(a) the Telangana State Beverages Corporation Limited / Agency to carry on trade in liquor in accordance with rules made in this behalf;
(b) the buying and selling of liquor carried on by the military canteens in the State under any licence granted in accordance with the provisions of the Telangana Excise Act, 1968 and the rule made thereunder; and
(c) the consumption and utilization of medicines, toilet preparations and other food material containing alcohol.
Explanation:- Liquor for the purposes of this section does not include arrack.
33. Power to make Rules.
(1) The Government may, by notification, make rules for carrying out all or any of the purposes of this Act.
(2) Every rule made under this Act shall, immediately after it is made, be laid before the Legislature of the State, if it is in session and if it is not in session, in the session, immediately following for a total period of fourteen days which may be comprised in one session or in two successive sessions and if, before the expiration of the session in which it is so laid or the session immediately following, the Legislature agree in making any modification in the rule or in the annulment of the rule, the rule shall from the date on which the modification or annulment is notified have effect only in such modified form or shall stand annulled as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
34. Amendment of Act 17 of 1968.
In the Telangana Excise Act, 1968,
(1) In section 1, for sub-section (2), the following shall be substituted, namely;
“(2) It extends to the whole of the State of Telangana:
Provided that on and from the date of commencement of the Telangana Prohibition Act, 1995 the provisions of this Act shall, in so far as they are inconsistent with the provisions of the said Act cease to operate.”;
(2) In section 5, for sub-section (1) the following shall be substituted, namely:-
“(1) The Government may appoint such number of Additional Commissioners, Joint Commissioners, Deputy. Commissioners and Assistant Commissioners of Prohibition and Excise and District Prohibition and Excise Officers and such other officers as they think fit for the purpose of performing the functions respectively conferred on them by or under this Act”;
(3) Throughout the Act for the words “Excise Officer” “Commissioner of Excise”, “Additional Commissioners of Excise”, “Deputy Commissioner of Excise”, “Assistant Commissioner of Excise”, “Excise Superintendent”, “Assistant Excise Superintendent” and “Excise Department”, the words, “Prohibition and Excise Officers”, “Commissioner of Prohibition and Excise”, “Additional Commissioner of Prohibition and Excise”, “Deputy Commissioner of Prohibition and Excise”, “Assistant Commissioner of Prohibition and Excise”, “Prohibition and Excise Superintendent” “Assistant Prohibition and Excise and Superintendent” and “Prohibition and Excise Department” shall respectively be substituted.
35. Omitted.
THE TELANGANA PROHIBITION ACT, 1995. 1
ACT No.17 OF 1995.
CHAPTER - I PRELIMINARY
36. Chapter IV consisting of sections 15 and 16 substituted by Act No.
5 of 1997, consisting of section 15.
37. Adapted in G.
O.Ms.No.162, Revenue (Excise-II) Department, dated 10.09.2015.
38. Adapted in G.
O.Ms.No.7, Revenue (Excise-II) Department, dated 06.01.2016. Property confiscated when to vest in Government. Police to take charge of article seized. Regulation of liquor other than arrack. Act 17 of 1968. Act 15 of 1993.
14 [Act No.17 of 1995]
39[17. (1) If any Collector, Prohibition Officer or Magistrate
upon information obtained after such inquiry as he thinks necessary, has reason to believe that an offence under section 7, section 7A or section 8 has been committed, he may issue a warrant for a search for any liquor, 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 detain 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 and also seize and detain any excisable or other articles which he has reason to believe to be liable to confiscation under this Act.]
18. Whenever, a Collector, any Prohibition Officer or any Police Officer,
40[not below the rank of a Sub-Inspector], any officer in charge of a Police Station, has reason to believe that an offence under
40[section 7, section 7A or section 8] has been committed and that the delay occasioned by obtaining search warrant under section 17 will prevent the execution there of, he may, after recording the 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 and also seize and detain any excisable or other article which he has reason to believe to be liable to confiscation under this Act.
41[XXX]
39. Section 17 substituted with marginal heading by Act No.35 of 1995.
40 Substituted by Act No.35 of 1995.
41. Proviso omitted by Act No.35 of 1995. Issue of Search Warrants. Powers of entry without search warrant.
[Act No.17 of 1995] 15
19. The Collector, any Prohibition Officer or any Police Officer,
42[not below the rank of a Sub-Inspector] may enter and inspect at any time by day or by night, any place in which it is reasonably suspected,-
- (a) that any liquor is kept for sale or stored 43[otherwise than in accordance with the provisions of the Telangana Excise Act, 1968, and the rules made thereunder]; or
- (b) that an offence under 42[section 7, section 7A or section 8] is being committed; and may examine, test, measure or weigh any material, still, utensil, implement, apparatus or liquor found in such place. 20. If any officer empowered to make an entry under sections 17, 18 and 19 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. 21. Any Prohibition Officer or any Police Officer, 42[not below the rank of a Sub-Inspector],-
- (a) may arrest without warrant any person found committing an offence punishable under 42[section 7, section 7A, section 8 or section 9];
- (b) may seize and detain any liquor or other article which he has reason to believe to be liable to confiscation under this Act; and
42 Substituted by Act No.35 of 1995.
41. Proviso omitted by Act No.35 of 1995.
Issue of Search Warrants. Powers of entry without search warrant.
[Act No.17 of 1995] 15
44. Adapted in G.
O.Ms.No.162, Revenue (Excise-II) Department, dated 10.09.2015. Power of entry and inspection. Act 17 of 1968. Power to use force in case of resistance to entry. Arrest of offenders and seizure of contraband liquor and articles without warrant.
16 [Act No.17 of 1995]
- (c) may search any person, vessel, vehicle, animal, package, receptacle or covering, upon whom or in which, he may have reasonable cause to suspect any such liquor or other article or to be concealed.
22. Any person, who may be accused or reasonably
suspected of committing an offence under this Act, and who on demand made by any Prohibition Officer or any Police Officer
45[not below the rank of a Sub-Inspector] refuses to give his name and residence or who gives a name or residence which such officer has reason to believe to be false, may be arrested by such Officer in order that his name and residence may be ascertained.
23. Any person arrested under this Act, shall be informed, as soon as may be of the grounds for such arrest and save as otherwise expressly provided in this Act, the provisions of the Code of Criminal Procedure, 1973, relating to arrests, detention in custody, searches, summons, warrants of arrests, search warrants, the production of persons arrested and the disposal of things, seized shall apply, as far as may be, to all actions taken in these respects under this Act.
24. (1) Any Prohibition and Excise Officer
45[not below the
rank of a Sub-Inspector] may, as regards offences under this Act, exercise within such area as may be notified in this
behalf, powers conferred on an Officer incharge of a police
station by the provision of Code of Criminal Procedure, 1973:
Provided that any such power shall be subject to such restrictions and modifications, as may be prescribed.
- (2) For the purposes of section 156 of the said Code
the area in regard to which a Prohibition and Excise Officer
45 Substituted by Act No.35 of 1995.
Arrest of persons refusing to give name or giving false name. Arrest, search etc., how to be made.
Central Act II of 1974. Power to Prohibition and Excise Officer in matters of investigation. Central Act II of 1974.
[Act No.17 of 1995] 17
is empowered under sub section (1) shall be deemed to be a police station and such officer shall be deemed to be the officer-in-charge of such station.
25. Notwithstanding anything contained in the code of
Criminal Procedure 1973, all offences under this Act, shall be cognizable and provisions of the said code with respect to cognizable offences shall apply to them:
46[Provided that the offences punishable with imprisonment for a term not exceeding two years under this Act shall be tried in accordance with the procedure prescribed in Chapter XXI of the Code of Criminal Procedure, 1973.]
47[25A. If any person after having been previously convicted of an offence punishable under this Act, subsequently commits and is convicted of an offence punishable under this Act, he shall be liable upto twice the punishment which might be imposed on the first conviction under this Act.]
26. 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
45. Substituted by Act No.35 of 1995.
Arrest of persons refusing to give name or giving false name. Arrest, search etc., how to be made.
Central Act II of 1974. Power to Prohibition and Excise Officer in matters of investigation. Central Act II of 1974.
[Act No.17 of 1995] 17
is empowered under sub section (1) shall be deemed to be a police station and such officer shall be deemed to be the officer-in-charge of such station.
46. Marginal heading substituted and proviso added to section 25 by
Act No.10 of 1996. The said proviso is substituted by Act No.5 of 1997.
47. Section 25A inserted with marginal heading by Act No.10 of 1996.
46[Cognizance and trial of offences.]
Central Act II of 1974. Enhanced punishment after previous conviction. Punishment for vexatious search of arrest. Central Act II of 1974.
18 [Act No.17 of 1995]
- (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 with imprisonment which may extend upto six months, or with fine which may extend upto five hundred rupees or with both. CHAPTER - VI MISCELLANEOUS 48[27. [XXX]] 28. Officials of all departments of the 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. 29. Every Official employed by the Government or by any local body other than a Police or, any Prohibition and Excise Officer shall be bound to give immediate information at the
nearest police station or to a Prohibition and Excise 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.
30. No suit or other legal proceedings shall lie against the
Government or any officer or any other person empowered to exercise powers or to perform the functions under this Act for anything in good faith done or intended to be done under this Act.
48 Omitted by Act No.5 of 1997.
Duty of officials of all Departments and local bodies to assist. Offences to be reported, etc., Protection of action taken under this Act.
shall have effect, notwithstanding anything in consistent therewith contained in the provisions of the Telangana Excise Act, 1968 and the rules made thereunder for the time being in force.
50[31A. (1) If any difficulty arises in giving effect to the
provisions of this Act, the Government may make such orders not inconsistent with the provisions of this Act, as appear to them to be necessary or expedient for the purpose of removing the difficulty:
Provided that no such order shall be made after the expiration of two years from the commencement of this Act.
- (2) Every order made under this section shall, as soon as may be after it is made, be laid down before the Legislature of the State.] 32. Nothing in this Act shall be deemed to preclude,-
- (a) the 51[Telangana State Beverages Corporation Limited / Agency] to carry on trade in liquor in accordance with rules made in this behalf;
- (b) the buying and selling of liquor carried on by the military canteens in the State under any licence granted in accordance with the provisions of the Telangana Excise Act, 1968 and the rule made thereunder; and
48. Omitted by Act No.5 of 1997.
Duty of officials of all Departments and local bodies to assist. Offences to be reported, etc., Protection of action taken under this Act.
[Act No.17 of 1995] 19
49. Adapted in G.
50 Inserted with marginal heading by Act No.35 of 1995.
51 Substituted by G.O.Ms.No.6, Revenue (Excise.II) Department, dated
O.Ms.No.162, Revenue (Excise-II) Department, dated 10.09.2015. 06.01.2016. Overriding effect.
Act 17 of 1968. Power to remove difficulties. Savings. Act 17 of 1968.
20 [Act No.17 of 1995]
alcohol.]
53[Explanation:- Liquor for the purposes of this section does not include arrack.]
54[32A. (1) Notwithstanding anything contained in the Telangana Prohibition Act, 1995, the Telangana Liquor (Issue of Permit and Licence) Rules, 1995, the Indian Contract Act, 1872 or the terms and conditions of any agreement entered into with the licensing authority under this Act or under the said rules, for the grant of all such permits and licences on health grounds on the recommendation of the notified medical authorities specified under the said rules shall stand cancelled in public interest; and accordingly no suit or other proceeding shall be entertained or continued in any court against such permitting or licensing authority or any person or authority
what so ever for the enforcement of any terms and
conditions of such permit or licence so terminated or for any damages or compensation on the ground that any loss is sustained by the termination thereof before its expiry.
- (2) within a period of seven days from the date of commencement of this Act, every licencee shall surrender to the permitting or licensing authority, the entire stock of
liquor on the date of such commencement, is in the
possession of any holder of any permit or licence which stood terminated under sub-section (1) on such terms and conditions, as may be prescribed.
52 Substituted by Act No.35 of 1995.
51. Substituted by G.O.Ms.No.6, Revenue (Excise.II) Department, dated
06.01.2016. Overriding effect.
Act 17 of 1968. Power to remove difficulties. Savings. Act 17 of 1968.
20 [Act No.17 of 1995]
52
alcohol.]
53 [Explanation:- Liquor for the purposes of this section does not include arrack.]
54 [32A. (1) Notwithstanding anything contained in the 55 Telangana Prohibition Act, 1995, the Telangana Liquor (Issue of Permit and Licence) Rules, 1995, the Indian Contract Act, 1872 or the terms and conditions of any agreement entered into with the licensing authority under this Act or under the said rules, for the grant of all such permits and licences on health grounds on the recommendation of the notified medical authorities specified under the said rules shall stand cancelled in public interest; and accordingly no suit or other proceeding shall be entertained or continued in any court against such permitting or licensing authority or any person or authority
what so ever for the enforcement of any terms and
conditions of such permit or licence so terminated or for any damages or compensation on the ground that any loss is sustained by the termination thereof before its expiry.
- (2) within a period of seven days from the date of commencement of this Act, every licencee shall surrender to the permitting or licensing authority, the entire stock of
liquor on the date of such commencement, is in the
possession of any holder of any permit or licence which stood terminated under sub-section (1) on such terms and conditions, as may be prescribed.
54. Section 32A added with marginal heading by Act No.35 of 1995.
55 Substituted in G.O.Ms.No.6, Revenue (Excise.II) Department, dated
06.01.2016. Transitional provision. Central Act IX of 1872.
[Act No.17 of 1995] 21
- (3) All applications made for grant of permit or licence pending before the permitting or licensing authority on the appointed date and every action taken, or enquiry made in respect of such application, shall abate and all fees paid in connection therewith (including the application fee and licence fee, if any) already paid shall be refunded.] 33. (1) The Government may, by notification, make rules for carrying out all or any of the purposes of this Act.
- (2) Every rule made under this Act shall, immediately after it is made, be laid before the Legislature of the State, if it is in session and if it is not in session, in the session, immediately following for a total period of fourteen days which may be comprised in one session or in two successive sessions and if, before the expiration of the session in which it is so laid or the session immediately
following, the Legislature agree in making any modification
in the rule or in the annulment of the rule, the rule shall from the date on which the modification or annulment is notified have effect only in such modified form or shall stand annulled as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
34. In the Telangana Excise Act, 1968,
- (1) In section 1, for sub-section (2), the following shall be substituted, namely; “(2) It extends to the whole of the State of Telangana: Provided that on and from the date of commencement of the Telangana Prohibition Act, 1995 the provisions of this
55. Substituted in G.O.Ms.No.6, Revenue (Excise.II) Department, dated
06.01.2016. Transitional provision. Central Act IX of 1872.
[Act No.17 of 1995] 21
- (3) All applications made for grant of permit or licence pending before the permitting or licensing authority on the appointed date and every action taken, or enquiry made in respect of such application, shall abate and all fees paid in connection therewith (including the application fee and licence fee, if any) already paid shall be refunded.]
56. Adapted in G.
O.Ms.No.162, Revenue (Excise-II) Department, dated 10.09.2015. Power to make Rules. Amendment of Act 17 of 1968.
22 [Act No.17 of 1995]
Act shall, in so far as they are inconsistent with the provisions of the said Act cease to operate.”;
- (2) In section 5, for sub-section (1) the following shall be substituted, namely:- “(1) The Government may appoint such number of Additional Commissioners, Joint Commissioners, Deputy. Commissioners and Assistant Commissioners of Prohibition and Excise and District Prohibition and Excise Officers and such other officers as they think fit for the purpose of performing the functions respectively conferred on them by or under this Act”;
- (3) Throughout the Act for the words “Excise Officer” “Commissioner of Excise”, “Additional Commissioners of Excise”, “Deputy Commissioner of Excise”, “Assistant Commissioner of Excise”, “Excise Superintendent”, “Assistant Excise Superintendent” and “Excise Department”, the words, “Prohibition and Excise Officers”, “Commissioner of Prohibition and Excise”, “Additional Commissioner of Prohibition and Excise”, “Deputy Commissioner of Prohibition and Excise”, “Assistant Commissioner of
Prohibition and Excise”, “Prohibition and Excise
Superintendent” “Assistant Prohibition and Excise and
Superintendent” and “Prohibition and Excise Department”
shall respectively be substituted.
57[35. [XXX]]
- • * * 06.01.2016.
57 Omitted by G.O.Ms.No.6, Revenue (Excise.II) Department, dated
Some statutory text is still being prepared for this language version.
PDF: pending for this language.