Preamble. —WHEREAS, it is expedient further to amend the Abkari Act, 1 of 1077, for the purposes hereinafter appearing;

         BE it enacted in the Forty-Seventh Year of the Republic of India as follows:—

        1. Short title and commencement. —(1) This Act may be  called the Abkari ( Amendment) Act, 1996.

           (2) Sections 8, 13 and 14 of this Act shall be deemed to have come into force on the 16th day of February, 1996 and the remaining provisions of this Act shall come into force on the 1st day of April, 1996.

            2. Amendment of section 3.—In section 3 of the Abkari Act, 1 of 1077 ( hereinafter referred to as the principal Act),—

             (a) after clause (6) the following clause shall be inserted, namely:—

             "(6A) "arrack" means any potable liquor other than Toddy, Beer, Spirits of Wine, Wine, Indian made spirit, Foreign liquor and any medicinal preparation containing alcohol manufactured according to a formula prescribed in a pharmacopoeia approved by the Government of India or the Government of Kerala, or manufactured according to a formula approved by the Government of Kerala in respect of patent and proprietory preparations or approved as a bona fide medicinal preparation by the Expert Committee appointed under section 68A of the Act,";

             (b) in clause (9),—

             (i) the words "whether it is denatured or not" shall be omitted;

             (ii) the 'Explanation' shall be omitted;

             (c) in clause (10), for the words "methylated spirit" the word "arrack" shall be substituted;

             (d) for clause (12) the following clause shall be substituted, namely:?

"(12 ) "country liquor" means toddy or arrack;";

             (e) for clause (14) the following clause shall be substituted, namely:?

               "(14) "Intoxicating drug" means any intoxicating substance other

than a Narcotic Drug or a Psychotropic Substance regulated by the Narcotic

Drugs and Psychotropic Substances Act, 1985 (Central Act 61 of 1985)

which the Government may by notification declare to be an intoxicating

drug;";

             (f) clause (18A) shall be omitted.

             3. Amendment of section 6. — In sub-section (1) of section 6 of the principal Act, the following shall be added at the end, namely:—

              "or a bond for such payment on its importation has been executed.".

              4. Insertion of new section 8.—After section 7 of the principal Act,

the following section shall be inserted, namely:—

              "8. Prohibition of manufacture, import, export, transport, transit, possession storage, sales etc., of arrack. —No person shall manufacture, import, export, transport, transit, possess, store, distribute, bottle or sell arrack in any form.".

            5. Amendment of section 15.—In section 15 of the principal Act, the Explanation shall be omitted.

             6. Amendment of section 15C.—In section 15C of the principal Act, in Explanation I, for the words " or other public office" the words "or other public office or any club" shall be substituted.

              7. Amendment of section 17.—In section 17 of the principal Act, for the

proviso the following proviso shall be substituted, namely:—

               "Provided that no duty or gallonage fee or vend fee or other taxes shall be levied under this Act on rectified spirit including absolute alcohol which is not intended to be used for the manufacture of potable liquor meant for human consumption.".

              8. Amendment of section 18. —In section 18 of the principal Act, —

             (i) in clause (a) of sib-section (1) for the words "or wort" the words "or wort or on the value of the liquor" shall be substituted.

             (2) in sub-section (3), —

            (a) in clause (1), under the heading "maximum rights", against item (i), for the words and figures "Rs. 20 per proof litre or Rs. 90.92 per proof gallon" the words and figures "Rs. 200 per proof litre or an amount equal to 200 per cent of the value of the liquor" shall be substituted;

             (b) in clause (2), —

              (i) in sub clause (a), item (v) and the entries against it shall be omitted;

              (ii) sub-clause (c) and the entries against it shall be omitted;

             (c) in the proviso, for the words "country liquor" the words        "Indian made foreign liquor" shall be substituted;

          (d) the following Explanation shall be added, namely: —

               " Explanation . —Where any liquor is chargeable with duty at a rate depending on the value of the liquor, such value shall be the value at which the Kerala State Beverages (Manufacturing and Marketing) Corporation Limited purchases such liquor from the suppliers and in case a  ny such liquor is not purchased by the Kerala State Beverages (Manufacturing and Marketing) Corporation Limited such value shall be the value fixed by the Commissioner.".

                 9. Amendment of section 31 .—In section 31 of the principal Act for the words and figures "section 55 or section 57 or section 58" the words and figures "section 8 or section 15C or section 55 or 55B or section 56A or section 57 or section 58 or section 58A or section 58B" shall be substituted.

                 10. Amendment of section 33 .—In section 33 of the principal Act shall be renumbered as sub-section (1) of that section and after the sub-section as so renumbered the following sub-section shall be inserted, namely: —

                  "(2) An Abkari Officer may without an order or without a warrant from a Magistrate, arrest and detain any person who obstructs him while in the execution or discharge of his duty or who has escaped from his lawful custody:

                  Provided that every person who is arrested and detained in custody shall be produced before the 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.".   

                 11. Amendment of section 34.—In section 34 of the principal Act, for the words and figures "section 15C or section 55 or section 57 or section 58" the words and figures "section 8 or section 15C or section 55 or section 55B of section 56A or section 57 or section 58 or section 58A or section 58B" shall be substituted.

                 12. Insertion of new section 54A.—After section 54 of the principal Act,

the following section shall be inserted, namely:—  

                  "54A. Bar of certain proceedings. —(1) No suit, prosecution or other proceeding shall lie against any Abkari officer or servant of the Government for any Act done or purporting to be done under this Act, without the previous sanction of the Government.

                (2) No officer or servant of the Government shall be liable in res­ pect of any such act in any civil or criminal proceeding, if the act was done in good faith in the course of the execution of duties or the discharge of functions imposed by or under this Act.".

                 13. Insertion of new section 55 A.—After section 55 of the   principal Act, the following section shall be inserted, namely:—

                "55A. Magistrates of First Class to have power to impose penalties for certain offences. —Notwithstanding anything contained in sub-section (2) of section 29 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), it shall be lawful for a Magistrate of the First Class to pass the sentence mentioned in sections 55, 58 and 64A, for any offence referred to in those sections in exercise of his powers under sub-section (2) of section 29 of the said Code.".

               14. Repeal and saving. —(1) The Abkari (Amendment) Ordinance 1996 (2 of 1996) is hereby repealed.

              (2) Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by the said Ordinance, shall be deemed to have been done or taken under the principal Act as amended by this Act.