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THE SIKKIM EXCISE (AMENDMENT) ACT, 2002
GOVERNMENT OF SIKKIM LAW DEPARTMENT
GANGTOK
NO. 3/LD/2002 Dated the 10th April, 2002.
NOTIFICATION
The following Act of the Sikkim Legislative Assembly having received the assent of the Governor on 30th day of March, 2002 is hereby published for general information :-
THE SIKKIM EXCISE (AMENDMENT) ACT, 2002
(ACT NO. 3 OF 2002)
An Act to amend the Sikkim Excise Act, 1992.
Be it enacted by the Legislature of Sikkim in the Fifty – third Year of the Republic of India as follows :-
Short title, extent and commencement
1. (1) This Act may be called the Sikkim Excise (Amendment) Act, 2002.
(2) It extends to the Whole of Sikkim.
(3) It shall come into force at once.
Amendment of heading of Chapter II.
2. In the Sikkim Excise Act, 1992 (hereinafter referred to as the said Act,) in Chapter II, for the heading “Establishment and Control” , the following shall be substituted, namely:-
“Establishment, Control and Appeal”.
3. In the said Act, after section 5, the following section shall be inserted, namely :-
“5A. Appeal.
(1) An appeal shall lie from an order passed by :-
(i) any Excise Officer under this Act or under any rules made thereunder to the Excise Commissioner”, and
(ii) the Excise Commissioner from an original or appellate jurisdiction under this Act or under any rules made thereunder to the State Government to any Officer not below the rank of Secretary Excise to be appointed by the State Government by notification.
(2) For the purpose of an appeal under sub-section (1), the cases or classes of cases, the time, manner for presenting and the procedure for dealing with such appeals shall be as may be prescribed”.
Substitution of reference to certain expression by certain other
4. In the said Act, for the words and figures “the Code of Criminal Procedure, 1898” wherever they occur, the words and figures “the Code of Criminal Procedure, 1973” shall be substituted.
Amendment of section 28(1) (d).
5. In the said Act, in clause (d) of sub-section (1) of section 28, for the words and figures “the Dangerous Drugs Act, 1930”, the words and figures “the Narcotic Drugs and Psychotropic Substances Act, 1985” shall be substituted.
Amendment of section 65(1).
6. In the said Act, in sub-section (1) of section 65, for the word and figure “Chapter XV”, the word and figure “Chapter XIII” shall be substituted.
Amendment of section 66(1).
7. In the said Act, in section 66, I clause (b) of sub-section (1), for the word and figures “first clause of sub-section (1) of section 54 and section 56 of the said Code”, the words and figures “clause (a) of sub-section (1) of section and section 55 of the said Code” shall be substituted.
Amendment of section 67.
8. In the said Act, in section 67 :-
(1) in sub-section (1) for the word and figure “section 76”, the word and figure “section 71 “, shall be substituted;
(2) in sub-section (6), for the word and figures “section 498 to 502,513, 514, 515 and 516”, the words and figures “section 440 - 444, 445,446,449 and 450” shall be substituted;
Amendment of section 83.
9. The said Act, in section 83, for the words and figures “sections 337, 339 and 339A”, the words and figures “sections 306 and 308”, shall be substituted.
