[[1](Tamil Nadu) Prohibition Act, 1937][2]

[3][Tamil Nadu Act 10 of 1937 as amended up to Tamil Nadu Act 33 of 2017][4]

[1st October, 1937]

An Act to introduce and extend the prohibition of the manufacture, sale and consumption of intoxicating liquors and drugs in the [5][State of Tamil Nadu].

Whereas it is expedient as early as possible to bring about the prohibition, except for medicinal, scientific, industrial or such like purposes, of the production, manufacture, possession, export, import, transport, purchase, sale and consumption of intoxicating liquors and drugs in the [6][State of Tamil Nadu];

And Whereas it is desirable to give effect to the abovementioned policy by introducing it in certain selected areas in the [7][said State] and utilizing the experience gained therein for extending it to the other areas thereof;

It is hereby enacted as follows:—

Chapter I

PRELIMINARY

Section 1. Short title, extent and commencement

(1)      This Act may be called the [8][Tamil Nadu] Prohibition Act, 1937.

 

(2)      It extends to the whole of the [9][State of Tamil Nadu].

 

(3)      (a) This section and Sections 3 and 6 shall come into force in the whole of the [10][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 [11][State of Tamil Nadu] on such date as the [12][State] Government may, by notification, appoint.

Section 2. [Repeals]

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 [13][Schedule I] shall cease to be in force in such area to the extent specified in the fourth column thereof:

Provided that the [14][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 [15][Schedule I] with any subsequent statutory modifications thereof shall revive and come into force in such area with effect on and from such date.

[16][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 formed part of the State of Pudukkottai, [17][* * *] the enactments mentioned in [18][Schedule I] with any subsequent statutory modifications thereof shall come into force in such area with effect on and from such date as may be specified in the notification.]

Section 3. Definitions

In this Act, unless there is something repugnant in the subject or context—

(1)    “bottle” “bottle” means to transfer liquor from a cask or other vessel to a bottle, jar, flask or not or similar receptacle for the purpose of sale whether any process of manufacture be employed or not and includes rebottling;

 

(2)    “buy” or “buying” “buy” or “buying” includes any receipt including gift; *

 

(3)    “Collector” “Collector” means a Collector of land revenue or any person appointed under clause (b) 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)    “Commissioner” “Commissioner” means the officer appointed under clause (a) of Section 25;

 

(5)    “cultivation” “cultivation” includes the tending or protecting of a plant during growth and does not necessarily imply raising it from seed;

 

(6)    “export” “export” means—

 

(a)      to take out of any local area to which this Act applies to any other local area in the [19][State of Tamil Nadu] to which this Act has not been extended, or

[20][(b) to take out of the State of Tamil Nadu including crossing the customs frontiers of India;]

(7)    “import” “import” means—

 

(a)      to bring into any local area to which this Act applies from any other local area in the [21][State of Tamil Nadu] to which this Act has not been extended, or

[22][(b) to bring into the State of Tamil Nadu, including crossing the customs frontiers of India;

Explanation,—For the purpose of sub-clause (b) of clause (6) and sub-clause (b) of clause (7),—

(i)       “customs frontiers of India” means the limits of the area of a customs station in which imported goods or goods for export are ordinarily kept before clearance by customs authorities;

 

(ii)      “customs station” means any customs port, customs airport or land customs station.]

 

(8)    “intoxicating drug” means—

 

(i)       the leaves, small stalks and flowering or fruiting tops of the Indian hemp plant (Cannabis sativa L.) including all forms known as bhang, siddhi or ganja;

 

(ii)      charas, that is, the resin obtained from the Indian hemp plant, which has not been submitted to any manipulations other than those necessary for packing and transport;

 

(iii)     any mixture, with or without neutral materials, of any of the above forms of intoxicating drag, or any drink prepared therefrom; and

 

(iv)    any other intoxicating or narcotic substance which the [23][State] Government may, by notification, declare to be an intoxicating drug, such substance not being opium, coca leaf, or a manufactured drug, as defined in Section 2 of the Dangerous Drugs Act, 1930 (Act 11 of 1930).

 

(9)    “liquor” includes toddy, [24][arrack], spirits of wine, [25][denatured spirits], spirits, wine, beer and all liquid consisting of or containing alcohol;

[[26]Explanation“Denatured” means subjected to a process prescribed by the State Government by notification for the purpose of rendering unfit for human consumption.]

(10) “local body” “local body” means the Corporation of Madras, any municipality constituted under the [27][Tamil Nadu] District Municipalities Act, 1920, or any local board [28]constituted under the [29][Tamil Nadu] Local Boards Act, 1920[30];

 

(11)  “manufacture” “manufacture” includes every process, whether natural or artificial, by which any fermented, spirituous, or intoxicating liquor or intoxicating drug is produced, prepared or blended, and also re-distillation and every process for the rectification of liquor;

[31][(11-A) ‘molasses’ means the heavy dark coloured residual syrup drained away in the final stage of the manufacture of gur or sugar containing, in solution or suspension, sugars which can be fermented and includes any product formed by the addition to such syrup of any ingredient which does not substantially alter the character of such syrup; but does not include any article which the State Government may, by notification, declare not to be molasses, for the purposes of this Act;

(11-B) ‘neera or padani’ means juice drawn from a coconut, palmyra, date or any other kind of palm tree into receptacles treated so as to prevent any fermentation and not fermented;]

(12) “place” “place” includes also a house, shed, enclosure, building, shop, tent and vessel;

 

(13) “police station” “police station” includes any place which the [32][State] Government may, by notification, declare to be a police station for the purposes of this Act;

 

(14) “Prohibition Officer” “Prohibition Officer” means the Commissioner, a Collector, or any officer or other person lawfully appointed or invested with powers under Section 25;

 

(15) “rectification” “rectification” includes every process whereby spirits are purified or are coloured or flavored by mixing any material therewith;

 

(16) “sale” “sale” or “selling” includes any transfer including gift;

[33][(17) “spirits” “spirits” means any alcohol and includes any liquor containing alcohol and obtained by distillation, whether such liquor is denatured or not;

ExplanationDenatured” means subjected to a process prescribed by the State Government by notification for the purpose of rendering unfit for human consumption.]

[34][* * *]

(19) “toddy” “toddy” means the fermented [35][* * *] juice drawn from a coconut, palmyra, date, or any other kind of palm tree; [36][* * *]

(20) “transport” “transport” means to move from one place to another within any local area to which this Act applies [37][; and

(21) any references to a permit generally of to a permit granted under Section 18, 19 or 20 shall be construed as including a reference to an ‘Authority’ issued under Section 16-A].

Chapter II

PROHIBITIONS AND PENALTIES

Section [38][4. Prohibition of the manufacture of, traffic in, and consumption of, liquor and intoxicating drugs

(1)      Whoever—

 

(a)      imports, exports, transports or possess liquor or any intoxicating drug; or

 

(b)      manufactures liquor or any intoxicating drug; 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; or

 

(d)      taps any toddy-producing tree or permits or suffers to be tapped any toddy-producing tree belonging to him or in his possession; or

 

(e)      draws toddy from any tree or permits or suffers toddy to be drawn from any tree belonging to him or in his possession; or

 

(f)       constructs or works any distillery or brewery; or

 

(g)      uses, keeps or has in his possession any materials, still, utensil, implement or apparatus whatsoever for the tapping of toddy or the manufacture of liquor or any intoxioating drug, or keeps or has in his possession any materials which have undergone any process towards the manufacture of liquor or any intoxicating drug or from which any liquor or intoxicating drug has been manufactured; of

 

(h)      bottles any liquor for purposes of sale; or

 

(i)       sells liquor or any intoxicating drug; or

 

(j)       consumes or buys liquor or any intoxicating drug; or

 

(k)      allows any of the acts aforesaid upon premises in his immediate possession, shall be punished—

 

(i)       in the case of an offence falling under clause (b), clause (f), clause (g), clause (h) or clause (i), or an offence falling under clause (k) in so far as it relates to an act specified in any of the clauses aforesaid, with imprisonment for a term which may extend to two years and with fine which may extend to five thousand rupees, but in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, such imprisonment shall not be less than six months and such fine shall not be less than one thousand rupees, in the case of an offence falling under clause (b), clause (f), clause (h) or clause (i) or an offence falling under clause (k) in so far as it relates to an act specified in any of the clauses aforesaid;

 

(ii)      in any other case with imprisonment for a term which may extend to one year and with fine which may extend to two thousand rupees, but in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, such imprisonment shall not be less than three months and such fine shall not be less than five hundred rupees, in the case of the offence of import, export or transport of liquor or any intoxicating drug falling under clause (a):

Provided that nothing contained in this sub-section shall apply—

(i)       to any act done under, and in accordance with, the provisions of this Act or the terms of any rule, notification, order, licence or permit issued thereunder; or

 

(ii)      to the possession, sale, purchase, use of consumption of duty-paid medicinal or toilet preparations for their bona fide medicinal or toilet purpose.

 

(2)      It shall be presumed until the contrary is shown—

 

(a)      that a person accused of any offence under clauses (a) to (j) of sub-section (1) has committed such offence in respect of any liquor or intoxicating drug or any still, utensil, implement or apparatus whatsoever for the tapping of toddy or the manufacture of liquor or any intoxicating drug or any such materials as are ordinarily used in the tapping of toddy or the manufacture of liquor or any intoxicating drug or any materials which have undergone any process towards the manufacture of liquor or any intoxicating drug or from which any liquor or intoxicating drug has been manufactured, for the possession of which he is unable to account satisfactorily, and

 

(b)      that a person accused of any offence under clause (k) of sub-section (1) has committed such offence if an offence is proved to have been committed in premises in his immediate possession in respect of any liquor or intoxicating drug or any still, utensil, implement or apparatus whatsoever for the tapping of toddy or the manufacture of liquor or any intoxicating drug or any such materials as are ordinarily vised in the tapping of toddy or the manufacture of liquor or any intoxicating drug or any materials which have undergone any process towards the manufacture of liquor or any intoxicating drug or from which any liquor or intoxicating drug has been manufactured.].

Section [39][4-A. Punishment for being found in a state of intoxication

Whoever 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, shall be punished with imprisonment which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

Section 5. Punishment for rendering or attempting to render denatured spirits fit for human consumption

Whoever renders or attempts to render fit for human consumption any spirit whether manufactured in [40][. .] India or not, which has been denatured [41][or any preparation containing such spirit] or has, in his possession, any spirit [42][or preparation containing spirit] in respect of which he knows or has reason to believe that any such attempt has been made shall be punished [43][with imprisonment for a term which may extend to two years and with fine which may extend to five thousand rupees, but in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court—

(i)       such imprisonment shall not be less than six months and such fine shall not be less than seven hundred and fifty rupees for a first offence;

 

(ii)      such imprisonment shall not be less than nine months and such fine shall not be less than one thousand rupees for a second offence; and

 

(iii)     such imprisonment shall not be less than one year and such fine shall not be less than one thousand five hundred rupees for a third and subsequent offences.]

For the purpose of this section it shall be presumed, until the contrary is proved, that any spirit [44][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.

Section 6. Prohibition of advertisement

Whoever prints or publishes in any newspaper, book, leaflet, booklet or any other single or periodical publication or otherwise displays or distributes any advertisement or other matter [45][* * *], soliciting the use of, or offering any liquor or intoxicating drug other than liquor or drugs exempted under Section 16, [46][… shall be punished [47][with 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

[48][(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 relate to any liquor or intoxicating drug which has been specially approved as of medicinal value—

(i)       by the Medical Council established by the [49][Tamil Nadu] Medical Registration Act, 1914 (Tamil Nadu Act 4 of 1914); or

 

(ii)      by any other Medical Council which has been established under any law for the time being in force [50][in any other State], or which has been recognized by the Government of such [51][* * *] State; or

 

(iii)     by such authority in respect of Indian Medicine as may be notified by the [52][State] Government; or]

[53][(c)] to the normal circulation within the [54][State] of newspapers, periodicals and books printed and published in accordance with law outside the [55][State]; or

[56][(d)] to any advertisement contained in a newspaper printed and published in the [57][State] before the first day of January, 1938.

Section [58][6-A. Control and regulation of molasses

(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.]

Section 7. Punishment for conspiracy

When two or more persons agree—

(a)      to commit or cause to be committed any offence under sub-section (1) of Section 4 or under Section 5, or

 

(b)      to evade or nullify the provisions of this Act in any area where it is in force, each of such persons shall, notwithstanding that no act except the agreement was done by any of the parties thereto in pursuance thereof or that the agreement was made or the operations thereunder took place in an area to which this Act has not been extended, be punished with, imprisonment which may extend to three years or with fine which may extend to five thousand rupees or with both.

Section 8. Punishment for vexations search or 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; 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 with imprisonment which may extend to six months, or with fine which may extend to five hundred rupees, or with both.

Section 9. Punishment for vexatious delay

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 spader this Act, shall be punished with fine which may extend to two hundred rupees.

Section 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 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 [59](State) Government or of a local body who abets the commission of any offence against this Act, shall be punished with imprisonment which may extend to six months, or with fine which may extend to five hundred rupees, or with both.

Section 11. Punishment for offences not otherwise provided 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 punished [60][with imprisonment which may extend to six months or with fine which may extend to five hundred rupees or with both].

Section 12. Punishment for abetment of offence against Act in area to which Act is not extended

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 therefor, whether such commission, attempt or abetment takes place within or outside such area.

Section 13. Things liable to confiscation

In any case in which an offence has been committed against this Act, the liquor, 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.

Section 14. Confiscation how ordered

(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 may be ordered by the Court.

[61][(2) Where during the trial of a case for an offence against this Act, the court decides that anything is liable to confiscation under sub-section (1), the Court may, after hearing the person, if any, claiming any right thereto and the evidence, if any, which he produces in support of his claim, order the confiscation:

Provided that no animal, vessel, cart or other vehicle shall be confiscated, if the owner thereof satisfies the Court that he had exercised due care in preventing the commission of the offence.

(3)   When an offence against this Act has been committed but the offender is not known, or cannot be found, or when anything liable to confiscation under this Act and not in the possession of any person cannot be satisfactorily accounted for, the case shall be inquired into and determined by the Collector of other Prohibition Officer in chain? of the district or by any other officer authorized by the [62](State) Government in that behalf, who may order such confiscation:

Provided that no such order shall be made until the expiration of fifteen days from the date of seizing the things intended to be confiscated or without hearing the persons, if any, claiming any right thereto, and evidence, if any, which they produce in support of their claims.

Section 15. Offences under Act to be cognizable

All offences under this Act shall be cognizable and the provisions of the Code of Criminal Procedure, 1898[63], (Act 5 of 1898) with respect to cognizable offences shall apply to them.

Section [64][15-A. Summary trial of certain offences

Notwithstanding anything contained in the Code of Criminal Procedure, 18982 (Act 5 of 1898), the State Government may confer on—

(i)       any Magistrate of the first class[65], or

 

(ii)      any Magistrate of the second class[66] who has exercised the powers of such Magistrate for not less than one year, or

 

(iii)     any Special Magistrate appointed under [67]section 14 of the said Code, upon whom the powers conferred by [68]section 32 of the said Code on a Magistrate of the first class[69] have been conferred, or

 

(iv)    any Special Magistrate appointed under [70]section 14 of the said Code upon whom the powers conferred by [71]section 32 of the said Code on a Magistrate of the second class[72] have been conferred and who has exercised those powers for not less than one year, power to try summarily in accordance with the provisions contained in [73]sections 262 to 265 of the said Code, all or any of the offences which are punishable under this Act with imprisonment for a period 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.

Section [74]15-B. Enhanced jurisdiction of Magistrates and Special Magistrates

Notwithstanding anything contained in Section 32 of the Code of Criminal Procedure, 1898 (Act 5 of 1898), it shall be lawful for the Magistrates specified in column (1) of the Table below to exercise the powers specified in the corresponding entry in column (2) thereof, in respect of offences punishable under this Act.

Table I

(1)	(2)
Magistrates of the first class[75] or Special Magistrates appointed under [76]section 14 of the Code of Criminal Procedure, 1898 (Act 5 of 1898), upon whom the powers conferred by [77]section 32 of the said Code on a Magistrate of the first class[78] have been conferred.	Fine exceeding two, thousand rupees but not exceeding five thousand rupees.
Magistrates of the second class[79] or Special Magistrates appointed under [80]section, 14 of the Code of Criminal Procedure, 1898 (Act 5 of 1898), upon whom the powers conferred by [81]section 32 of the said Code on a Magistrate of the second class[82] have been conferred.	Imprisonment for a term not exceeding one year. Fine not exceeding one thousand rupees.

Section [83]15-C. Certain offences to be non-bailable

(1)     The offences specified in sub-section (2) shall be non-bailable and the provisions of the Code of Criminal Procedure, 1898[84] (Act 5 of 1898), with respect to non-bailable offences shall apply to those offences.

 

(2)     The offences referred to in sub-section (1) are—

 

(a)      offences of import, export or transport of liquor or any intoxicating drug under clause (a) of Section 4(1) and offences under clauses (b), (f), (h) and (i) of Section 4(1) and under clause (k) of that section in so far as it relates to an Act specified in any of those clauses; and

 

(b)      offences under Section 5.

 

(3)     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 person is one referred to in sub-section (2).

Chapter III

EXEMPTIONS AND LICENCES

Section 16. Power to notify exemptions

(1)      The [85](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)      When issuing a notification under sub-section (1), the [86](State) Government shall have power to provide that a breach of any of the conditions subject to which the exemption is notified shall be punished with imprisonment which may extend to six months or with fine which may extend to one thousand rupees or with both.

Section [87][16-A. Authorities for bona fide religious purposes

The [88](State) Government shall make suitable provision for issuing ‘Authorities’ to persons 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.]

Section 17. Exemptions of bona fide travellers and lawful consignments

Until the [89](State) Government by notification otherwise direct, the provisions of this Act shall not be deemed to apply—

(a)      to liquor in the possession of bona fide 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 liquor or intoxicating drugs carried [90][* * *] through or into any such local area.

Section [91][17-A. Exemption of members of armed forces etc

(1)      The [92](State) Government may, by notification and subject to such conditions as they think fit, exempt members of the armed forces of the [93](Union) or of any other armed forces raised or maintained by the [94](Union) or attached to or operating with any of its armed forces, and the members of the medical or other staff attached to any of the armed forces aforesaid, from all or any of the provisions of this Act.

 

(2)      When issuing a notification under sub-section (1), the [95](State) Government shall have power to provide that a breach of any of the conditions subject to which the exemption is notified shall be punishable with imprisonment which may extend to six months or with fine which may extend to one thousand rupees or with both.]

Section [96][17-B. Licence for manufacture of potable liquor

The State Government or subject to their control, the Collector may issue licence to any person or any institution whether under the management of Government or not, for the manufacture of liquor for human consumption for purposes of export, for the export of such, liquor and for the purposes permitted under this Act.]

Section 18. Licences for bona fide medicinal or other purposes

The [97](State) Government or subject to the control of the [98](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, intoxicating drug or article containing such 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.

Section [99][18-A. Excise duty or countervailing duty on liquors and intoxicating drugs

(1)      An excise duty or countervailing duty of such amount as the [100](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 [101](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 [102](State), discriminates between goods manufactured or produced in one locality, and similar goods manufactured or produced in another locality.]

Section [103][19. Licence for tapping neera or padani, etc

The Commissioner of Prohibition and Excise or the Functional Registrar of the Tamil Nadu Palm Products Development Board or any other officer authorized by the State Government in this behalf, may issue—

(a)      licences for the tapping of neera or padani for consumption thereof without fermentation or for use in the manufacture of jaggery, honey, biscuits, sugar and such other products as may be notified by the State Government; or

 

(b)      permits for the possession, transport or sale of such neera or padani.]

Section 20. Permits and licences

The [104](State) Government or any officer empowered by them in this behalf may issue—

(a)      permits authorizing any person to consume and possess for personal consumption any liquor or intoxicating drug;

[105][(b)] licences to any institution to possess liquor and issue it to such of its members as hold permits clause (a); [106][* * *]

[107][(c)] licences to any person in charge of a restaurant car attached to a railway train to possess liquor and serve it to bona fide passengers travelling by the train;

[108][(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 been exempted under this Act from so much of the provisions of Section 4, sub-section (1), clause (a) or (j), as relates to the possession, consumption or buying of liquor.]

Section [109]20-A. Matters to be taken into consideration by the licensing authority

Subject 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;

 

(b)      whether the applicant is a person who will abide by the provisions of this Act and the rules made thereunder; and

 

(c)      such other matters as may be prescribed.

Section [110]20-B. Co-operative societies to be given preference

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.

Section 21. Form and conditions of licences and permits

Every licence or permit granted under [111][Sections 6-A, 17-B, 18, 19 or 20] shall—

(1)      be granted on payment of such fees, if any, for such period, and subject to such restrictions and limitations and on such conditions, and

 

(2)      be in such form and contain such particulars as the [112](State) Government may direct either generally or in any particular case.

Section [113][21-A. Levy of sales tax on sales of foreign liquor to permit holders

Every person or institution (not being an institution holding a permit under Section 20, clause (b)) which sells foreign liquor—

(a)      to any person holding a permit for the consumption of liquor under Section 20, clause (a), or

 

(b)      to any institution holding a permit for the supply of liquor to its members under Section 20, clause (b), shall collect from the purchaser and pay over to the Government at such intervals and in such manner as may be prescribed, [114][a sales tax calculated at the rate of seventy-five paise in the rupee], or at such other rate as may be notified by the Government from time to time, on the price of the liquor so sold.

Explanation.- In this section, ‘foreign liquor’ means wines, spirits and beer imported into India from foreign countries and dealt with under the Indian Tariff Act, 1934 (Act 32 of 1934), or under any other law for the time being in force relating to the duties of customs on goods imported into India.]

Section 22. Counterpart agreement to be executed by licensees

Every person taking out any licence or permit under [115][Section 6-A, 17-B, 18, 19 or 20] may be required to execute a counterpart agreement in conformity with the tenor of his licence or permit, and to give such security for the performance of his agreement as the Collector may require.

Section 23. Power to cancel or suspend licences and permits

(1)      The Collector 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

 

(d)      if the conditions of such licence or permit provide for its cancellation or suspension at will; or

 

(e)      if the purpose for which the licence or permit is granted ceases to exist.

[116][(2) The State Government may cancel or suspend any such licence or permit for any of the aforesaid reasons.

(3)   Before any licence or permit is cancelled or suspended under sub-section (1) or sub-section (2) the holder of the licence or permit shall be given an opportunity to state his objections within a reasonable time, not ordinarily exceeding fourteen days, and any representation made by him in this behalf shall be duly taken into consideration before final orders are passed.]

Section 24. Penalty for breach of the conditions of licences and permits

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, be punished with imprisonment which may extend to six months or with fine which may extend to one thousand rupees or both, unless he shall establish that all due and reasonable precautions were exercised by him to prevent any such breach.

Any person who commits any such breach shall, whether he acts with or without the permission of the holder of the licence or permit, be liable to the same punishment.

Section 24-A. [Omitted]— 

[117][* * *]

Chapter IV

ESTABLISHMENT AND CONTROL

Section 25. Appointment of officers and withdrawal of powers

The [118][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 [119][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)      appoint paid or honorary officers with such designations, powers and duties as the [120][State] Government may think fit;

 

(e)      order that all or any of the powers and duties assigned to any person under clause (d) shall be exercised and performed by any existing Government official or any other person; and

 

(f)       delegate to any Prohibition Officer all or any of their powers under this Act.

Section [121][26. Prohibition Committees

(1)      The State Government may, for the whole of the [122][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 regarding the commission or suspected commission of any offence against this Act in the area of the committee concerned, and the officer in charge of such station shall take action on such information and investigate the case in the manner laid down in the Code of Criminal Procedure, 1898[123] (Act 5 of 1898).]

Section 27. Power of State Government to authorize officers to admit persons arrested to bail

The [124][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 persons mentioned in Section 32 throughout the [125][State] or in 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 inquire into the offence for which such person has been arrested, and may cancel or vary such notification.

Chapter V

POWERS, DUTIES AND PROCEDURE OF OFFICERS, ETC.

Section 28. Issue of search warrants

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 be.

Before issuing such warrant, the Collector, Prohibition Officer or Magistrate shall examine the informant on oath and the examination shall be reduced into writing in a summary manner and be signed by the informant, and also by the Collector, Prohibition Officer or Magistrate.

Section 29. Powers of entry and search without warrant

Whenever a Collector, any Prohibition Officer not below such rank as the [126][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 [127][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:

Provided that every person arrested under this section shall be admitted to bail by such officer as aforesaid if sufficient bail be tendered for his appearance either before a Magistrate or before a Police or Prohibition Officer, as the case may be.

Section [128][30. Powers of entry and inspection

The 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 [129][* * *] 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.]

Section 31. Power to use force in case of resistance to entry

If any officer empowered to make an entry under Section 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.

Section 32. Arrest of offenders and seizure of contraband liquor and articles without warrant

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 [130][under Section 4, sub-section (1), [131]() or Section 5];

 

(b)      may seize and detain any liquor, drug 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 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 or person making the arrest under this section be not empowered under Section 27 to admit to bail, the person arrested shall be forthwith forwarded to an officer so empowered, if such an officer is known to be within a distance of five miles from the place where such arrest took place. And it shall be the duty of such officer empowered as aforesaid to admit such person to bail if sufficient bail be tendered for his appearance before a Police or Prohibition Officer or Magistrate having jurisdiction to inquire into the case.

[132][Provided further that where any toddy or wash or any sonti soru is seized under this section by any officer or person, such officer or person may destroy or cause to be destroyed on the spot, the toddy, wash or sonti soru and send the pots or other receptacles in which the toddy, wash or sonti soru was kept to the Police or Prohibition Officer or Magistrate having jurisdiction to inquire into the case, with a report attested by two or more witnesses specifying the quantity of toddy, wash or sonti soru seized and destroyed and the number of the pots and other receptacles sent.]

Explanation.- For the purposes of this section,—

“sonti soru” means a liquid prepared from rice or starch which is in the process of vinous or alcoholic fermentation or in which such fermentation has ceased; and

“wash” means a mixture of water and saccharine materials which is in the process of vinous or alcoholic fermentation or in which such fermentation has ceased.]

Section 33. Arrest of persons refusing to give name or giving false name

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.

Section 34. Searches how to be made

All searches under the provisions of this Act shall be made in accordance with the provisions of the Code of Criminal Procedure, 1898[133] (Act 5 of 1898).

Section 35. Duty of officials of all departments and local bodies to assist

Officials of all departments of the [134](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.

Section 36. Offences to be reported etc

Every official employed by the [135](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

Section 37. Landholders and others to give information

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.

Section 38. Persons arrested how to be dealt with

(1)      When any person is arrested under the provisions of Section 28, 29, 32 or 33, the person arresting him shall, unless bail shall have been accepted under the provisions of Section 28, 29 or 32, forthwith forward him to the nearest police station or to a Prohibition Officer, with a report of the circumstance 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)      Procedure of ‘Police or prohibition officer empowered to’— On any such person being brought in custody;, before a Prohibition or Police Officer as aforesaid or appearing, before such officer on bail on when officer as aforesaid has himself made the arrest such inquiry as he may think necessary and shall either release such person, or forward him in custody to, or admit him to bail to appear before, the Magistrate having jurisdiction to inquire into or try the case;

Provided that if such inquiry is not commenced and completed on the day on which such person is arrested by or is brought or appears before such officer, he shall if sufficient bail be tendered for the appearance of the person arrested, admit such person to bail to appear on any subsequent day before himself or any other officer having jurisdiction to inquire into the case.

Section 39. Persons arrested to be admitted to bail

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.

Section 40. Bond of accused and sureties

(1)      Before any person is released on bail, a bond in such sufficient but not 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 [136](State) Government shall from time to time determine the form of the bond to be used in any local area.

Section 41. Procedure in case of default of person admitted to bail to appear before Prohibition Officer

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 proceedings 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 Code of Criminal Procedure, 1898[137] (Act 5 of 1898), for the recovery of penalties in the like case of default of appearance by a person bailed to appear before his own Court.

Section [138][41-A. Obtaining of medical certificates in the case of persons found in a state of intoxication

(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 authorized 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 woman, the examination shall be carried out by a woman medical officer authorized by the State Government.

 

(4)      Any person who has been produced before a medical officer in pursuance of this section shall allow himself to be examined by the medical officer.

 

(5)      If any person who under this section in required to undergo medical examination resists or refuses to allow himself to be produced before or to be examined by the medical officer, it shall be lawful to use all means necessary to secure the production and examination of such person.

 

(6)      Resistance to production or refusal to allow examination under this section shall be deemed to be an offence under Section 186 of the Indian Penal Code (Act 45 of 1860).

 

(7)      In trials under this Act, it may be presumed unless and until the contrary is proved, that the accused has committed an offence under Section 4(1)(j) if he having been produced before a medical officer under this section had resisted or had refused to allow himself to be examined by such medical officer.

 

(8)      Any document purporting to be a certificate signed by a medical officer authorized by the State Government may be used as evidence of the facts stated therein in any proceeding under this Act or under Sections 272 to 276 of the Indian Penal Code (Act 45 of 1860), [but the court may at the instance of the accused order the attendance for cross-examination of the medical officer who issued the certificate.]

Section 42. Power of Police or Prohibition Officer to summon witnesses

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 [139][State] Government may fix.

Section 43. Terms of summons

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 him to appear before the said officer at a stated time and place.

Section 44. Examination at witnesses

Persons so summoned shall attend as required and shall answer all questions relating to such inquiry put to them by such officer. Such answers shall be reduced to writing and shall be signed by such officer.

Section 45. When attendance of witnesses to be dispensed with, and procedure in such cases

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 of rank or sex, it may not be proper to summon, to proceed to the residence of such person and there to 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.

Section 46. Power of Police or Prohibition Officer to summon suspected persons

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 person suspected.

Section 47. Law relating to criminal courts as to summoning of witness to apply

The law for the time being in force as to summonses and compelling the attendance of person 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.

Section 48. Report of Police or Prohibition Officer to give jurisdiction to competent Magistrate

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 Code of Criminal Procedure, 1898[140] (Act 5 of 1898).

Section 49. Powers of Police and Prohibition Officers to cause attendance of witnesses before Magistrate

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 or try the case, or admits him to bail to appear before such Magistrate, such officer shall exercise all the powers conferred by the Code of Criminal Procedure, 1898[141] (Act 5 of 1898), 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 that such Magistrate shall examine as witnesses for the prosecution of such case.

Section [142][50. Procedure after arrest

Any 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.]

Section 51. Police to take charge of articles seized

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.

Section 52. Power of District Magistrate to transfer cases

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.

Section [143]52-A. Security for abstaining from commission of certain offences

(1)      Whenever any person is convicted of an offence punishable under clause (b) or clause (d) or clause (e) or clause (i) of Section 4(1) and the court convicting him is 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 If, and the provisions of the [144]Code of Criminal Procedure, 1898 (Act 5 of 1898), shall in so far as they are applicable, apply to all matters connected with such bond as if it were a bond to keep the peace ordered to be executed under Section 106[145] of that Code.

 

(3)      If the conviction is set aside on appeal or otherwise, the bond so-executed shall become void.

 

(4)      An order under this section may also be made by an Appellate Court or by the High Court when exercising its powers of revision.

Section [146]52-B. Power to relent certain offenders on probation of good conduct

(1)      Notwithstanding anything contained in the Code of Criminal Procedure, 1898[147] (Act 5 of 1898), or the [148][Tamil Nadu] Probation of Offenders Act[149], 1936, ([150][Tamil Nadu] Act 3 of 1937) when any person is found guilty of—

 

(a)      any offence punishable under Section 4-A, 6, 11 or 24, 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, or

 

(c)      any breach of any of the conditions subject to which the exemption under Section 16 or 17-A is notified 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 at least one surety to appear and receive sentence when called upon at any time during such period not exceeding five years as the Court may direct and in the meantime to abstain from committing any offence under this Act:

Provided that the Court shall not direct the release of an offender under this section, unless it is satisfied that the offender or his surety or one of his sureties has a fixed place of abode or regular occupation in the place for which the Court acts or in which the offender is likely to live during the period named for the observance of the conditions.

(2)      Where the offender referred to in sub-section (I) is under twenty-four years of age, the Court may make a supervision order directing that such offender shall be under the supervision of such probation officer appointed under the [151][Tamil Nadu] Probation of Offenders Act, 1936[152] [153]([Tamil Nadu] Act 3 of 1937), as may be named in the order during the period specified therein and imposing such other conditions for securing such supervision as may be specified in the order:

Provided that the period so specified shall not extend beyond the date on which, in the opinion of the Court, the offender will attain the age of twenty-five years.

(3)      A Court making a supervision order under sub-section (2) shall require the offender, before he is released to enter into a bond, with at least one surety to observe the conditions specified in such order and such additional conditions with respect to residence, abstention from intoxicants and any other; matters as the Court may, having regard to the particular circumstances of the case, consider fit to impose: for preventing a commission of any offence under this Act by the offender.

 

(4)      A Court making a supervision order shall furnish to the offender and the surety or sureties a notice in writing stating in simple terms the conditions of the bond.

 

(5)      An order under this section may be made by any Appellate Court or by the High Court when exercising its powers of revision.

Section [154]52-C. Procedure in case of offender failing to observe Conditions of bond

(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 at least 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 any of the conditions of the bond executed by him, it may forthwith sentence him for the original offence.

 

(4)      An order under this section may be made by any Appellate Court or by the High Court when exercising its powers of revision.

Section [155]52-D. Provision as to bonds

The provisions of Sections 122, 126, 126-A, 406-A(b) and (c), 514, 514-A, 514-B and 515 of the Code of Criminal Procedure, 1898[156] (Act 5 of 1898) shall so far as may be, apply in the case of sureties given under this Act.

Section 53. Operation of the Code of Criminal Procedure, 1898

[157][Save as expressly provided in this Act, nothing contained therein] shall affect the operation of the Code of Criminal Procedure, 1898[158] (Act 5 of 1898).

Section [159][53-A. Prohibition Officer deemed to be a Police Officer for certain purposes

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 (Act 1 of 1872).]

Chapter VI

RULES AND NOTIFICATIONS

Section 54. Power to make rules

(1)      The [160](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 [161][State] Government may make rules—

 

(a)      for the issue of licences and permits and the enforcement of the conditions thereof;

 

(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.

[162](bb) prescribing the ways in which the duty under Section 18-A may be levied;]

(c)      determining the local jurisdiction of Police and Prohibition Officers in regard to inquiries and the exercise of preventive and investigating powers;

 

(d)      authorizing any officer or person to exercise any power or perform any duty under this Act;

 

(e)      prescribing the powers and duties of prohibition committees and the members thereof and the intervals at which the members of such committees shall make their reports;

 

(f)       regulating the delegation by the Commissioner or by Collectors or other district officers of any powers conferred on them by or under this Act;

 

(g)      regulating the cultivation of the hemp plant, the collection of those portions of such plant from which intoxicating drugs can be manufactured and the manufacture of such drugs therefrom;

 

(h)      declaring how denatured spirit shall be manufactured;

 

(i)       declaring in what cases or classes of cases and to what authorities appeals shall lie from orders, whether original or appellate, passed under this Act or under any rule made thereunder, or by what authorities such orders may be revised, and prescribing the time and manner of presenting appeals, and the procedure for dealing therewith;

 

(j)       for the grant of batta to witnesses, and of compensation for loss of time to persons released under sub-section (3) of Section 38 on the ground that they have been improperly arrested, and to persons charged before a Magistrate with offences under this Act acquitted;

 

(k)      regulating the power of Police and Prohibition Officers to summon witnesses from a distance under Section 42;[163][* * *]

 

(l)       for the disposal of articles confiscated and of the proceeds thereof.

[164][(m) for the prevention of the use of medicinal or toilet preparations for any purpose other than medicinal or toilet purposes and for the regulation of the use of any liquor or drug exempted from all or any of the provisions of this Act;

(n)   for the proper collection of duty on all kinds of liquor or drugs;

[165][(nn) for exemption from, or suspension of, the operation of any rule made under this Act;]

(o)   for all matters expressly required or allowed by this Act to be prescribed.]

[166][(2-A) A rule or notification under this Act may be made or issued so as to have retrospective effect on and from a date not earlier than,—

(i)       the 1st September, 1973, in so far as it relates to toddy; and

 

(ii)      the 1st September, 1974, in so far as it relates to any liquor other than toddy.]

[167][(3) All rules made under this Act shall, as soon as possible after they are made, be placed on the table of both the Houses of the Legislature and shall be subject to such modifications by way of amendments or repeal as the Legislative Assembly may make within fourteen days on which the House actually sits either in the same session or in more than one session.]

Section 55. Publication of rules and notifications

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.

Chapter VII

LEGAL PROCEEDINGS

Section 56. Actions against the Government, etc

No action shall lie against the [168][Government or against any Prohibition, Police or other offices for damages in any civil court for any act bona fide done or ordered to be done in pursuance of this Act.

Section 57. Courts to take judicial notice of appointments

All courts shall take judicial notice of all notifications and orders conferring powers, imposing duties and making appointments under this Act.

[SCHEDULE I][169]

(See Section 2)

[174][SCHEDULE II

BOND TO ABSTAIN FROM THE COMMISSION OF OFFENCES UNDER THE [175][TAMIL NADU] PROHIBITION ACT, 1937

(See Section 52-A)

Whereas 1, (name), inhabitant of (place), have been called upon to enter into a bond to abstain from the commission of any offence under Sections 4(1)(b), 4(1)(d), 4(1)(e) and 4(1)(i) of the [176][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 [177][State of Tamil Nadu], the sum of rupees.

Dated this day of 19.

Where a bond with sureties is to be executed, add—

We do hereby declare ourselves sureties for the above named that he will abstain from the commission of any offence under Sections 4(1)(b), 4(1)(d), 4(1)(e), 4(1)(i) of the [178][Tamil Nadu] Prohibition Act, 1937, during the said term, and in case of his making default therein, we bind ourselves, jointly and severally, to forfeit to the [179][State of Tamil Nadu], the sum of rupees.

Dated this day of 19.