Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 33] [Entire Act]

State of Tamilnadu - Section

Section 3 in Tamil Nadu Prohibition Act, 1937

3. Definitions.

- In this Act, unless there is something repugnant in the subject or context -
(1)[ "blending unit" means a unit where Indian-made foreign spirits are manufactured;] [Substituted by Tamil Nadu Act No. 14 of 1937.][(1-A)] [Renumbered '(1)' by Tamil Nadu Act No. 23 of 1981.] "bottle" means to transfer liquor from a cask or other vessel to a bottle, jar, flask or pot or similar receptacle for the purpose of sale whether any process of manufacture be employed or not and includes re-bottling;
(2)"buy" or "buying" includes any receipt including gift;
(3)"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 ;[Explanation. - 'Collector of land revenue' includes Additional Collector and District Revenue Officer;] [Added by Tamil Nadu Act No. 68 of 1986.]
(4)"Commissioner" means the officer appointed under clause (a) of section 25 ;
(5)"cultivation" includes the tending or protecting of a plant during growth and does not necessarily imply raising it from seed;[(5-A) 'excisable article' means any alcoholic liquor for human consumption but does not include medicinal and toilet preparations mentioned in entry 84 of List I in the Seventh Schedule to the Constitution;] [Inserted by Tamil Nadu Act No. 23 of 1981.]
(6)"export" means-
(a)to take out of any local area to which this Act applies to any other local area in the [State of Tamil Nadu] [This expression was substituted for the expression 'State of Madras' by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order,1969.] to which this Act has not been extended, or
(b)to take out of the [State of Tamil Nadu] [This expression was substituted for the expression 'State of Madras' by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order,1969.] otherwise than across a customs frontier as defined by the Central Government;
[(6-A) 'foreign liquor' [***] [Inserted by Tamil Nadu Act No. 23 of 1981.] includes every liquor imported into India, other than Indian-made foreign spirits, plain rectified spirits and denatured and methylated spirits ;]
(7)"import" means -
(a)to bring into any local area to which this Act applies from any other local area in the [State of Tamil Nadu] [This expression was substituted for the expression 'State of Madras' by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order,1969.] to which this Act has not been extended, or
(b)to bring into the [State of Tamil Nadu] [This expression was substituted for the expression 'State of Madras' by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order,1969.], [including the bringing] [Substituted 'otherwise than' by Tamil Nadu Act No. 22 of 2007.] across a customs frontier as defined by the Central Government;
[(7-A) 'Indian-made foreign spirits' means spirits manufactured and compounded in India and made in colour and flavour to resemble gin, brandy, whisky or rum imported into India and includes " milk punch " and other liquors consisting of or containing spirits;] [Inserted by Tamil Nadu Act No. 23 of 1981.]
(8)" intoxicating drug " means-
(i)the leaves, small stalks And flowering or fruiting tops of the Indian hemp plant (Cannabis savita 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 drug, or any drink prepared therefrom; and
(iv)any other intoxicating or narcotic substance which the [State] [This word was substituted for the word 'Provincial' by the Adaptation Order of 1950.] 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 Central Act, 1930 (Central Act II of 1930).
(9)"liquor" includes toddy, [arrack] [This word was inserted by section 3 (a) (0 of the Tamil Nadu Prohibition (Amendment) Act, 1958 (Tamil Nadu Act VIII of 1958).], spirits of wine, [denatured spirits] [Those words were substituted for the words 'metholated spirit' by section 3 (a) (ii) 1958.], spirits, wine, beer and all liquid consisting of or containing alcohol;[Explanation. - "Denatured" means subjected to a process prescribed by the State Government by notification for the purpose of rendering unfit for human consumption.] [This explanation was added by section 3 (a) (iii) 1958.]
(10)"local body" means the Corporation of Madras, any municipality constituted under the [Tamil Nadu] [These words were substituted for the word 'Madras' by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order,1969.] District Municipalities Act, 1920, or any local [board] [Now the district board, panchayat union council and panchayat.] constituted under the [Tamil Nadu] [These words were substituted for the word 'Madras' by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order,1969.] [Local Boards Act, 1920] [Now t lit Tamil Nadu District Boards Act, 1920 (Tamil Nadu Act XIV of 1920), the Tamil Nadu Village Panchayats Act, 1950 , (Tamil Nadu Act X of 1950) and the Tamil Nadu Panchayats, Act, 1958 (Tamil Nadu Act XXXV of 1958).];
(11)"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;[(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 ; [These clauses were inserted by section 3(b) of the Tamil Nadu Prohibition (Amendment) Act, 1958 (Tamil Nadu Act VIII of 1958.](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" includes also a house, shed, enclosure, building, shop, tent and vessel ;
(13)"police station" includes any place which the [State] [This word was substituted for the word 'Provincial' by the Adaptation Order or 1950.] Government may, by notification, declare to be a police station for the purposes of this Act;
(14)"Prohibition Officer" means the Commissioner, a Collector, or any officer or other person lawfully appointed or invested with powers under section 25 ;[***] [Omitted 'clause (14-A)' by Tamil Nadu Act No. 2 of 1989.]
(15)"rectification" includes every process whereby spirits are purified or are coloured or flavoured by mixing any material therewith;
(16)"sale" or "selling" includes any transfer including gift ;
(17)[ "spirits" means any alcohol and includes any liquor containing alcohol and obtained by distillation, whether such liquor is denatured or not ; [This clause was substituted for the original clause (17) by section 3(c) of the Tamil Nadu Prohibition (Amendment) Act, 1958 (Tamil Nadu Act VIII of 1958).]Explanation. - "Denatured" means subjected to a process prescribed by the State Government by notification for the purpose of rendering unfit for human consumption.][***] [Clause (18) was omitted by section 3(d), 1958.]
(19)"toddy" means the fermented or unfermented juice drawn from a coconut, palmyra, date, or any other kind of palm tree ; [***] [The word 'and' was omitted by section 2(i) of the Madras Prohibition (Second Amendment) Act, 1938 (Madras Act XVII of 1938).][(19-A) 'transit' means to move through the territory of the State of Tamil Nadu from any place in India outside the State of Tamil Nadu to any other place in India outside the state of Tamil Nadu;] [Inserted by Tamil Nadu Act No. 2 of 1983.]
(20)" transport " means to move from one place to another within any local area to which this Act applies [; and [This was added by section 2(11), of the Madras Prohibition (Second Amendment) Act, 1938 (Madras Act XVII of 1938).]
(21)any references to a permit generally or 10 a permit granted under section 18, 19 or 20 shall be construed as including a reference to an Authority issued under section 16-A.]