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THE CHHATTISGARH EXCISE (AMENDMENT) ACT, 2011

THE CHHATTISGARH EXCISE (AMENDMENT) ACT, 2011

[Act No. 8 of 2011] [Published in the Chhattisgarh Rajpatra (Asadharan) dated 30-4-2011 Page 512(2-3).]

[30th April, 2011]

PREAMBLE

An Act further to amend the Chhattisgarh Excise Act, 1915.

Be it enacted by the Chhattisgarh Legislature in the Sixty-second Year of the Republic of India, as follows:--

Section 1 - Short title, extent and commencement

(1) This Act may be called the Chhattisgarh Excise (Amendment) Act, 2011.

(2) It extends to the whole State of Chhattisgarh.

(3) It shall come into force from the date of its publication in the Official Gazette.

Section 2 - Amendment of Section 34

(1) After clause (h) of sub-section (1) of Section 34 of the Chhattisgarh Excise Act, 1915 (No. 2 of 1915), (hereinafter referred to as the Principal Act) for the words "One month", "One year", "Five thousand rupees" and "Twenty five thousand rupees" the words "Six months", "Two years", "Ten thousand rupees" and "Fifty thousand rupees" shall be substituted respectively.

(2) In proviso to sub-section (1) of Section 34 of the Principal Act, for the words "Six months", "ten thousand rupees" and "one lac rupees" the words "one year", twenty thousand rupees" and "two lac rupees" shall be substituted respectively.

(3) In sub-section (2) of Section 34 of the Principal Act, for the words "Twenty five bulk litre" the words "Five bulk litre" shall be substituted.

(4) In sub-section (3) of Section 34 of the Principal Act, for the words "twenty five bulk litre" the words "five bulk litre" shall be substituted.

Section 3 - Amendment of Section 35

(1) In section 35(c) of the Principal Act, for the words "one months", "one thousand rupees" and "four thousand rupees" the words "two months", "five thousand rupees" and "twenty five thousand rupees" shall be substituted respectively.

(2) In proviso to Section 35(c) of the Principal Act, for the words "six month", "one thousand five hundred rupees" and "six thousand rupees" the words "one year", "five thousand rupees" and "fifty thousand rupees" shall be substituted respectively.

Section 4 - Amendment of Section 36

(1) In Section 36 of the Principal Act, for the words "which may extend to six months" the words "which shall not be less than three months but which may extend to five years" and for the words "extend to one thousand rupees" the words "which shall not be less than one lac rupees but which may extend to five lac rupees" shall be substituted.

(2) In clause (b) of Section 36-A of the Principal Act, for the words "shall be punishable with imprisonment for a term which may extend to one year or with fine which shall not be less than two hundred rupees but which may extend two thousand rupees or with both." the word's "shall be punishable with imprisonment for a term which may extend to one year or with fine which shall not be less than five thousand rupees but which may extend to twenty five thousand rupees, or with both and for subsequent offence he shall be punishable with imprisonment for a term which may extend to two years or with fine which shall not be less than ten thousand rupees but which may extend to fifty thousand rupees or with both" shall be substituted.

(3) For Section 36-F of the Principal Act, the following Section shall be substituted, namely: --

"36-F. Penalty for consumption of alcohol at public places.--

(1) Except at the premises licensed for consumption of alcohol, if any one is found consuming alcohol or in intoxicated conditions at public places like-educational institutions, hospitals, temples of worship, bus stand, railway station and public road etc., shall be punished with fine for the first offence which shall not be less than one thousand rupees but which may extend to five thousand rupees and in case of repeated offence with a fine of not less than five thousand rupees which may extend to ten thousand rupees with three months imprisonment.

(2) Penalty for creating nuisance after consumption of alcohol at public places.--Except at the premises licensed for consumption of alcohol, if any one is found creating nuisance after consuming alcohol at public places like-educational institutions, hospitals, temples of worship, bus stand, railway station and public road etc. shall be punished with fine which shall not be less than ten thousand rupees but which may extend to twenty five thousand rupees and three months imprisonment."

Section 5 - Amendment of Section 47

In sub-section (1) and (2) of Section 47-A of the Principal Act, for the words "twenty five bulk litre" the words "five bulk litre" shall be substituted.

Section 6 - Amendment of Section 59

In sub-section (i) and (ii) of Section 59-A of the Principal Act, for the words "twenty five bulk litre" the words "five bulk litre" shall be substituted.



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