GUWAHATI, Dec 28 - A day after the State Cabinet gave its nod to the draft Bill, which seeks to amend various provisions of the Assam Excise Act, 2000 in order to add more teeth to the law, Excise Minister Parimal Suklabaidya today said the new legislation will act as a deterrent to various excise-related offences.
"Earlier, offenders used to get bail within a short time and then start involving in the same offence. The existing legislation had no deterrent to the offences. Offenders used to take advantage of the weak provisions. To stop this, the government has come up with this draft Bill," Suklabaidya told The Assam Tribune.
The draft Bill, accessed by this newspaper, seeks to make all excise-related offences non-bailable. It is likely to be placed in the Assembly in the next session.
As the existing Act has no strong mechanism to recovery dues from traders, the new law will have provisions for a three-year imprisonment and up to 300 per cent penalty for defaulters. The liabilities can be recovered from successors of the defaulters and even their properties seized.
Section 53 of the Act has been amended by making unlawful import, export, transport, manufacture, possession, sale and storage of liquor nonbailable offences. There are provisions for three years of imprisonment and fine up to Rs 1 lakh. In case of offences related to adulterated liquor, the imprisonment could be up to five years with a fine of Rs 2 lakh.
Two new clauses have been inserted in the Act, making provisions for heavy penalty for drinking in public places. For drinking in public places, including along road side and in moving vehicles and parked cars, the fine will be Rs 5,000. Creating nuisance in public places may land the offender in jail for three months, besides a fine of Rs 10,000.
Licensed outlets encouraging drinking in front of their shops may land the owner behind bars for six months with a fine of Rs 50,000. According to the second insertion, all senior officials of a liquor company are liable to be punished in case of any offence involving the company.
The minister said the new legislation has faced stiff opposition from certain quarters, but the department had its way eventually.