THE MADHYA PRADESH EXCISE (AMENDMENT) ACT, 2021
[Act No. 26 of 2021]
[06th September, 2021]
PREAMBLE
An Act further to amend the Madhya Pradesh Excise Act,
1915.
Be it
enacted by the Madhya Pradesh Legislature in the seventy-second year of the
Republic of India as follows:--
Section 1 - Short title and commencement
(1)
This Act may be called the Madhya Pradesh
Excise (Amendment) Act, 2021.
(2)
It shall come into force from the date of its
publication in the Madhya Pradesh Gazette.
Section 2 - Substitution of section 4
For
section 4 of the Madhya Pradesh Excise Act, 1915 (No. 2 of 1915) (hereinafter
referred to as the principal Act), the following section shall be substituted,
namely:--
"4. Power to declare "country liquor",
"foreign liquor" and "heritage liquor".--
For
the purposes of this Act, or any part thereof, the State Government may, by
notification, declare what, shall be deemed to be "country liquor",
"foreign liquor" and "heritage liquor".
Section 3 - Amendment of section 34
In
section 34 of the principal Act, in sub-section (4), for the words, bracket and
figure "sub-section (2)", the words, bracket and figure
"sub-section (3)" shall be substituted.
Section 4 - Deletion of section 35
Section
35 of the principal Act shall be deleted.
Section 5 - Amendment of section 37
In
section 37 of the principal Act, for the words "one thousand rupees",
the words "ten thousand rupees" shall be substituted.
Section 6 - Amendment of section 38-A
In
section 38-A of the principal Act, for the words "three hundred rupees"
and "two thousand rupees" the words "thirty thousand
rupees" and "two lakh rupees" shall be substituted respectively.
Section 7 - Amendment of section 40-A
In
section 40-A of the principal Act, for the words " two years" and
"two thousand rupees", the words "three years" and
"three thousand rupees" shall be substituted respectively.
Section 8 - Amendment of section 49-A
In
section 49-A of the principal Act,--
(i)
in sub-section (1), for
clause (i), (ii) and (iii), the following clauses shall be substituted, namely:--
|
"(i)
|
if found unfit
for human consumption--
|
with
imprisonment which shall not be less than six months, but which may extend to
six years and also with fine which shall not be less than one lakh rupees;
|
|
(ii)
|
causes injury to
human being--
|
with
imprisonment which shall not be less than two years but which may extend to
eight years and also with fine which shall not be less than two lakh rupees;
|
|
(iii)
|
causes death of
a human being--
|
with
imprisonment which shall not be less than ten years but which may extend to
imprisonment for life and also with fine which shall not be less than five
lakh rupees.";
|
(ii)
for
sub-section (2), the following sub-section shall be substituted, namely:--
"(2) When any
person is convicted under this section for a second or subsequent offence, he
shall be punished in relation to circumstances--
|
(a)
|
under clause (i)
of subsection (1)
|
with
imprisonment which shall not be less than six years but which may extend to
ten years and also with fine which shall not be less than five lakh rupees;
|
|
(b)
|
under clause
(ii) of subsection (1)
|
with
imprisonment which shall not be less than ten years but which may extend to
fourteen years and also with fine which shall not be less than ten lakh
rupees;
|
|
(c)
|
under clause
(iii) of subsection (1)
|
with death or
imprisonment for life and also with fine which shall not be less than twenty
lakh rupees.".
|
(iii) after sub section (2), the following
explanation shall be added, namely:-
"Explanation.--In
this section" denatured spirituous preparation "means any preparation
made with denatured spirit and includes liquors, french polish, varnish and
thinners prepared out of such spirituous preparation.".
Section 9 - Amendment of section 54-A
In
section 54-A of the principal Act, proviso shall be deleted.
Section 10 - Amendment of section 61
In
section 61 of the principal Act, in sub-section (1), for clause--
(a)
the following clause shall be substituted,
namely:--
"(a) under
section 34 for the contravention of any condition of license, permit or pass
granted under this Act, section 37, section 38, section 38-A, section 39 and
section 44, except on a written complaint or report of the Collector or an
Excise Officer not below the rank of District Excise Officer as may be
authorised by the Collector in this behalf;".