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[Cites 0, Cited by 8] [Entire Act]

State of Tamilnadu - Section

Section 22D in Tamil Nadu Prohibition Act, 1937

22D. [ Licence granted for selling, by retail, Indian-made foreign spirits to cease to be valid. [Inserted by Tamil Nadu Act No. 31 of 2003.]

(a)Notwithstanding anything contained in this Act or in any judgment, decree or order of any Court, [every licence granted or renewed [which is deemed to be a grant of licence under sub-section 22-CC]] in respect of any privilege of selling, by retail, Indian-made foreign spirits (other than the licence granted or renewed for supply in hotels, clubs and stores and depots run by the Defence Department, Government of India) and which is valid on the 26th day of October 2003 shall cease to be valid on the expiry of the 28th day of November 2003 on which date the validity of the said licence shall, under the existing rules, expire and [any licence renewed [which is deemed to be a grant of licence under sub-sections (2) and (4) of section 22-CC]] [Substituted 'any licence renewed' by Tamil Nadu Act No. 2 of 2004.] for any period beyond 28th day of November 2003 shall cease to be valid and in such cases all fees (including the licence fee and the privilege amount) paid for renewal of lice ice shall be refunded.
(b)Notwithstanding anything contained in this Act or in any judgment, decree or order of any Court, every application made for the grant or renewal of licence for selling, by retail, Indian-mad foreign spirits and pending before the Commissioner or before the State Government or an other authority on the 26th day of October 2003 and every action taken, or enquiry made, in respect of such application, shall abate and all fees in connection with such application (including the application fee and the licence fee, if any), already paid shall be refunded.
(c)The Tamil Nadu Liquor (Retail Vending) Rules, 1989 and the Tamil Nadu Liquor (Retail Vending in Bar) Rules, 2002 are hereby repealed with effect from the 29th day of November 2033:
Provided that such repeal shall not affect any offence committed or any fine, penalty or forfeiture incurred before the 29th day of November 2003.
(d)
(i)Notwithstanding anything contained in sub-section (1-B) of section 17-C and without prejudice to the provisions contained in section 54, the State Government may make rules for grant of licences to such hotels, clubs and stores and depots run by the Defence Department, Government of India, as may be prescribed and for the purpose of carrying into effect the provisions of this section and sub-section (I-B) of section 17-C.
(ii)Within a period of one month commencing on and from the 29th day of November 2003, the State Government shall, on payment of the price, take over the entire stock of Indian-made foreign spirits, if any, which on the 29th day of November 2003, is in possession of any holder of a licence which shall cease to be valid under clause (a).
Explanation. - For the purposes of item (ii) of this clause, the expression "stock of Indian-made foreign spirits" shall include stocks in movement on the 29th day of November 2003, consequent on the orders placed by such holder with the suppliers in pursuance of permits granted by the Competent Authority under this Act.]