Madhya Pradesh Excise (Amendment) Act, 2021 | |
[Madhya Pradesh Act 26 of 2021] | [14th September, 2023] |
CONTENTS
1. Short title and commencement
———
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.
2. Substitution of ## Section 4.—For Section 4 of the Madhya Pradesh Excise Act, 1915 (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”.
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.
4. Deletion of ## Section 35.—Section 35 of the principal Act shall be deleted.
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 sub-section (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 sub-section (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 sub-section (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.
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;”.