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Ap Prohibition Act 1995

The Andhra Pradesh Prohibition Act, 1995 regulates the sale, purchase, and consumption of liquor in the state, establishing strict penalties for violations. It defines key terms related to liquor and outlines the roles of various officials, including the Commissioner of Prohibition and Excise. The Act prohibits the production and distribution of arrack and imposes severe punishments for offenses related to liquor, including imprisonment and fines.
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0% found this document useful (0 votes)
98 views12 pages

Ap Prohibition Act 1995

The Andhra Pradesh Prohibition Act, 1995 regulates the sale, purchase, and consumption of liquor in the state, establishing strict penalties for violations. It defines key terms related to liquor and outlines the roles of various officials, including the Commissioner of Prohibition and Excise. The Act prohibits the production and distribution of arrack and imposes severe punishments for offenses related to liquor, including imprisonment and fines.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

ANDHRA PRADESH PROHIBITION ACT, 1995

ANDHRA PRADESH PROHIBITION ACT, 1995


(ACT 17 OF 1995)
(THE [Link] ACT CONSISTS OF 06 CHAPTERS AND 35 SECTIONS)

CHAPTER - I
PRELIMINARY

1. Short title, extent and commencement :


1) This Act may be Andhra Pradesh Prohibition Act 1968.
2) It extends to the whole of the State of Andhra Pradesh. 3) It shall come into force on such date
as the Government may by notification appoint.

2. Definitions:
In this Act unless the context otherwise requires,
"Arrack" means country liquor including arrack brewed coloured flavoured or spiced.
1A. "Buy" or "Buying" includes any receipt including gift.
2. "Collector" means the collector of a district and includes the Joint Collector or any person
appointed by the Government to exercise the powers and to perform the functions of a Collector
under this Act.
3. "Commissioner" means the Commissioner of Prohibition and Excise, appointed under Section
3 of Andhra Pradesh Excise Act 1968, (Act 17, of 1968)
4. "Foreign Liquor" includes every liqiuor imported into India other than Indian Liquor
5. "Government" means the State Government.
6. "Indian Liquor" means liquor produced, manufactured or compounded in India after the
manner of Gin, Brandy, Whisky or Rum imported from foreign countries and includes milk
punch and other liquors consisting of or containing any spirit, but does not include Foreign
Liquor.
7. "Liquor" includes (a) spirits of wine, denatured spirits methylated spirits and rectified spirits
Beer, toddy and every liquid consisting of or containing alcohol and (b) any other intoxicating
substance which the Government may by, notification, declared to be liquor for the purpose
of this Act.
8. "Local Body" means any municipal corporation, municipality, notified area, Gram Panchayat,
Mandal Parishad, Zilla Parishad, Township or a cantonment constituted under the relevant
law of for the time being in force.
9. " Notification" means a notification published in the Andhra Pradesh Gazette and the term

37
ANDHRA PRADESH PROHIBITION ACT, 1995

notified shall be construed accordingly.


10. "Place" includes an open place, a house, club, shed, enclosure, building, shop, tent, vessel,
raft, and vehicle.
11. "Police Station" includes any place which the Government may by notification, declared to
be a police station for the purpose of this Act.
12. Prescribed" means prescribed by the rules under this Act.
13. "Prohibition Officer" means the Commissioner, a Collector or any officer or other person to
whom the Commissioner or the Collector delegates his powers or functions under Section 6
of this Act .
14. "Sale" or "Selling" includes any transfer including gift.
15. "(omitted)
16. "Words and expression in this Act but not defined shall have the meanings assigned to them
in the Andhra Pradesh Excise Act 1968, (Act 17, of 1968)

CHAPTER - II
ESTABLISHMENT AND CONTROL

3. Appointment of Commissioner:-
(1) The Commissioner of Prohibition and Excise for the State, appointed by under Section 3 of
Andhra Pradesh Excise Act 1968, (Act 17, of 1968), shall subject to the general or special orders of the
Government in this behalf, be the chief controlling authority in all matters connected with the
administration of this Act.

4. General control of Commissioner over Collectors:-


The collector shall exercise the powers and perform the functions assigned by or under this Act,
subject to the general control of the Commissioner.

5. Officers and staff: -


The officers and staff referred to in Section 5 of Andhra Pradesh Excise Act 1968, (Act 17, of
1968) shall be deemed to be officers and staff appointed also for the purposes of giving effect to this Act,
and for this purpose it shall be competent for the Government to give such directions and to make such
rules as they may deem fit with regard to their powers and functions.

6. Delegation:-
For the purpose of giving effect to this Act, the Commissioner, the Collector or he Assistant
Commissioner of Prohibition and Excise or the Prohibition and Excise Superintendent may, by order
delegate to any officer subordinate to him any of the powers conferred on or functions entrusted to the
Commissioner, the Collector or the Assistant Commissioner of Prohibition and Excise or the Prohibition
and Excise Superintendent by or under this Act, subject to such restrictions and control as may be prescribed
and subject also to such limitations and conditions, if any as be specified in the order of delegation.

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ANDHRA PRADESH PROHIBITION ACT, 1995

CHAPTER - III
PROHIBITION AND PENALTIES

7. Prohibition of selling, buying and consumption of liquor:-


The selling, buying, being in possession and consumption of liquor, otherwise than in accordance
with the provisions of this Act or as the case may be, Andhra Pradesh Excise Act 1968, (Act 17, of 1968)
is hereby prohibited.

7(A) Prohibition of production etc., of arrack:-


The production, manufacture, storage, possession, collection, purchase, sale and transport of arrack
is hereby prohibited.

8. Punishment for buying, selling, consumption etc., of liquors: whoever


(a) consumes any liquor except in accordance with the provisions of this Act or the
Andhra Pradesh Excise Act 1968, (Act 17, of 1968) or the terms of a rule, notification,
order, licence or permit issued there under shall be punished with imprisonment for
a term which may extend up to six months or with fine which may extend up to one
thousand rupees or with both.
(b) possesses, collects, buys, sells, transports, produces or manufactures any liqiuor
other than arrack except in accordance with the provisions of the Andhra Pradesh
Excise Act 1968, (Act 17, of 1968) or the terms of any rule, notification , order,
licence or permit issued there under shall be punished.
(i) where the liquor involved in the offence is less than such quantity as may be notified
in this behalf with imprisonment for a term which shall not be less than six months
but which may extend up to three years or with fine which shall not be less than
rupees ten thousand or shall not be less than thrice the value of the liquor involved in
this offence which ever is higher but which may extend up to six times value of such
liquor, such value being arrived at in the manner prescribed or with both.
(ii) Where the liquor involved in the offence is not less than such quantity notified as
aforesaid with imprisonment for a term which shall not be less than one year but
which may extend up to five years and with fine which shall not be less than rupees
twenty thousand or shall not be less than thrice the value of the liquor involved in
the offence which ever is higher but which may extent up to six times value of such
liquor, such value being arrived at in the manner prescribed or with both.
(iii) Where the commission of any offence either under sub-clause (i) or sub-clause (ii)
is abetted, the abettor shall be liable for punishment with imprisonment either
description and with fine as provided there in.
©. Having obtained a licence or permit granted under Andhra Pradesh Excise Act 1968, (Act 17, of
1968) sells any liquor other than arrack otherwise than accordance with the provisions of this Act or
terms of any rule, notification, order, licence or permit issued there under shall be punished with
imprisonment for a term which may extend up to six months or with fine which may extend up to rupees
one thousand or with both..

39
ANDHRA PRADESH PROHIBITION ACT, 1995

(d.) allows consumption of arrack upon premises in his immediate possession shall be
punished with imprisonment for a term which extend up to three years or with fine
which extend up to ten thousand rupees or with both.
(e) contravenes the provisions of section 7-A shall on conviction be punished with
imprisonment for term which shall not be less than one year but which may extend
up to five years and with fine which shall not be less than rupees ten thousand but
which may extend up to rupees one lakh.

[Link] for being found in state of intoxication:-


whoever is found in state of intoxication in any public place otherwise than as permitted under any
law shall be punishable with imprisonment which shall not less than two months but which may extend
up to one year or with fine which may extend up to two thousand rupees.
Explanation: For the purpose of this section "intoxication " means a state of mind and behaviour in
which a person is incapable of knowing the nature of his actions or incapable of judging the consequences
there of buy reason of intoxication.

10. Punishment for abetment of escape of persons arrested etc.,:-


Any officer or any person exercising powers under this Act, who: [Link] releases or abets to
escape of any person arrested under this Act, or 2. Act in any manner consisting with his duty for the
purpose of enabling any person to do any thing where by any of the provision of this Act may be evaded
or broken shall be punished with imprisonment which extend up to six months or with fine which may
extend up to five hundred rupees or with both.

11. Punishments for offences not otherwise provided for :-


Whoever is guilty of any willful act or intentional omission in contravention of any of the provisions
of this Act or of any rule, notification or order may there under and not otherwise provided for in this Act
shall be punishable with fine which may extend up to five hundred rupees.

11-A. Grant of bail:-


Not withstanding any thing contained in the Code of Criminal Procedure, 1973 no court shall grant
any bail to any person accused of an offence under sub-clause (i) or sub-clause (ii) or sub-clause (iii) of
clause (b) or under clause (e) of section 8, unless the prosecuting officer is given an opportunity to
oppose the application and the court shall record reasons while granting the bail.

11-B. Compounding of offences:-


1. The Collector or any prohibition and Excise Officer specially empowered in that behalf may
accept from any person who is reasonably suspected of having committed an offence falling under clause
(a) or sub-clause (i) of Clause (b) or the proviso to the sub-clause (ii) of Clause (b) as it was in force of
section 8 or section 9, a sum of money as may be prescribed but not exceeding the maximum fine which
can be imposed for the offence under the provisions of the Act, by way of compensation for the offence
which may have been committed and in all cases in which any property has been seized as liable for
confiscation under this Act, ,may release the same on payment of the value there of as estimated by such
officer. Provided where the property so seized is a liquor produced or manufactured in contravention of

40
ANDHRA PRADESH PROHIBITION ACT, 1995

this Act, such liquor shall not be released but shall be disposed off in such manner as may prescribed..
Provided further that such sum of money shall not be accepted from any person who is reasonably suspected
of having committed an offence under sub-clause (1) of clause (b) of Section 8, without the prior approval
of the Commissioner of Prohibition and Excise. 2. On payment by the person the sum of money or the
value or both, as the case may be, such person if in custody, shall be set a liberty, and all the property
seized may be released and no proceedings shall be instituted or continued against such person or criminal
court. The acceptance of compensation shall be deemed to amount to an acquittal and in no case any
further proceedings be taken against such person or property with reference to the same Act.

12. Things liable to confiscation:-


Without prejudice to the powers of the Excise Officers under section 46 of the Andhra Pradesh
Excise Act 1968, (Act 17, of 1968), in any case in which an offence has been committed against this Act,
the liquor by means of which the offence has been committed shall be liable to confiscation along with
the receptacles, packages, coverings, animals, vessels, carts or other vehicles used to hold or carry the
same.

13. Confiscation by Prohibition and Excise Officers in certain cases:-


1. Notwithstanding any thing contained in this Act or any other law for the time being in force,
where anything liable for confiscation under section 12 is seized or detained under the
provisions of this Act, the officer seizing and detaining such property shall, without any
unreasonable delay, produce the seized property before the Deputy Commissioner of
Prohibition and Excise who has jurisdiction over the area.
2. On production of said seized property under sub-section 1 the Deputy Commissioner of
Prohibition and Excise if satisfied that an offence under this Act has been committed, may,
whether or not a prosecution is instituted for the commission of such an offence, order,
confiscation of such property. Provided the Deputy Commissioner of Prohibition and Excise
specially empowered in that behalf may accept such sum of money as may be prescribed in
lieu of confiscation and release the animals or vessels or carts or the vehicles reasonably
suspected of involvement in any offence falling under sub-clause 1 of clause (b) of section 8
of this Act.
3. While making an order of confiscation under sub-section (2), the Deputy Commissioner of
Prohibition and Excise may also order that such of the properties to which the order of
confiscation relates which in his opinion cannot be preserved or are not fit for human
consumption be destroyed.
4. Where the Deputy Commissioner of Prohibition and Excise after passing an order of
confiscation under sub-section (2) is of the opinion that it is expedient in the public interest
so to do, he may order confiscated property or any part there of to be sold by public auction
or dispose off departmentally.
5. The Deputy Commissioner of Prohibition and Excise shall submit a full report of all particulars
of confiscation to the Commissioner of Prohibition and Excise, within twenty hours of such
confiscation.
6. The Deputy Commissioner of Prohibition and Excise shall for the purpose of this Act, have
the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 When
making enquiries under this section in respect of the following matters may be

41
ANDHRA PRADESH PROHIBITION ACT, 1995

(a) receiving evidence on affidavits


(b) summoning and enforcing the attendance of any person and examining him on oath,
and
(c) compelling the production of documents.

13-A Issue of show cause notice:-


No order of confiscation of any property shall be made under Section 13 unless the persons from
whom the said property is seized,-
(a) is given a notice in writing informing him of the grounds on which it is proposed to
confiscate such property; and
(b) is given an opportunity of making a representation in writing within such reasonable
time as may be specified in the notice.

13-B Order of confiscation in the absence of offender:-


When an offence under this Act has been committed, but the offender is not known or cannot be
found, or when any thing liable to confiscation under this Act, and not in the possession of any person
cannot be satisfactorily accounted for, the Assistant Commissioner of Prohibition and Excise and
Prohibition and Excise Superintendent may by order confiscate such property. Provided that no such
order shall be made until the expiration of one month, from the date of seizing the goods intended to be
confiscated.

13-C. Appeal:-
Any person aggrieved by an order passed by Deputy Commissioner of Prohibition and Excise
under section 13, may within sixty days from the date of passing such order appeal to the Commissioner
of Prohibition and Excise, who may after giving reasonable opportunity to the appellant pass such order
as he deems fit.

13-D. Order confiscation not to interfere with the other punishments:-


The order of confiscation under sub-section (2) of Section 13 or Section 13-B shall not prevent
from initiation of criminal proceedings against the accused under this Act. The result of criminal
proceedings either acquittal or conviction or otherwise under the provisions of this Act, will have no
bearing on the order of confiscation passed under this Act.

13-E. Bar of jurisdiction:-


Notwithstanding any thing contained in the Code of Criminal Procedure, 1973 (Central Act 2 of
1974) when the Deputy Commissioner of Prohibition and Excise or the appellate authority is seized with
the matter under this Act, no court shall entertain any application in respect of excisable articles, any
package, covering, receptacle, any animal, vehicle or other conveyance used in carrying such articles as
far as its release, confiscation is concerned and the jurisdiction of the Deputy Commissioner of Prohibition
and Excise or the appellate authority with regard to the disposed of the same shall be exclusive.

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ANDHRA PRADESH PROHIBITION ACT, 1995

13-F. Property confiscated when to vest in Government:-


When an order of confiscation of any property has been passed under Section 13 or Section 13-B
and such order become final in respect of the whole or any portion of such property, such property or
portion thereof, as the case may be, shall vest in Government free from all encumbrances.

14. Police to take charge of articles seized:-


All officers in-charge of Police station shall take charge of and keep in safe custody under seal all
articles seized under this Act along with samples which shall also be sealed with the seal of the officer in-
charge of the police station. The seized pproperty including vehicles involved shall be produced before
the Deputy Commissioner of Prohibition and Excise having jurisdiction to take action in accordance
with the procedure specified in section 13.

CHAPTER - IV
REGULATION OF MANUFACTURE, TRADE ETC., OF LIQUOR

15. Regulation of liquor other than arrack:-


The production, manufacture, storage, possession, collection, purchase, sale and transport of liquor
other than arrack and all other matters connected therewith shall be regulations of Andhra Pradesh Excise
Act 1968, (Act 17, of 1968) or the Andhra Pradesh (Regulation of whole sale trade and distribution and
retail trading Indian Liquor, Foreign Liquor, wine and Beer rules) act 1993 as the case may be and the
rules and conditions and orders issued there under.

16. Exemption of bonafied travelers and lawful consignments:- (xxx)


Until the Government by notification other wise direct and subject to such conditions as may be
prescribed, the provisions of this Act shall not be deemed to apply-
(a) the liquor in possession of bonafied travelers for their own personal use while passing
through any local area in which this Act is in force, or
(b) to lawful consignments of liquor carried through or into any such local area.

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ANDHRA PRADESH PROHIBITION ACT, 1995

CHAPTER - V
DETECTION, INVESTIGATION AND TRIAL OFFEENCES

17. Issue of search warrants:-


If any Collector Prohibition Officer or Magistrate upon information obtain after such enquiry as he
thinks necessary, has reason to believe that an offence under section 7, section 7 A or section 8 has been
committed he may issue a warrant for a search for any liquor, materials, stills, utensils, implement or
apparatus in respect of which the alleged offence has been committed. Any person who has been entrusted
with the execution of such a warrant may detain and search and if he thinks proper, arrest any person
found in the place searched, if he has reason to believe such person to be guilty of any offence under this
Act and also seize and detain any excisable or other articles which he has reason to believe to be liable to
confiscation under this Act.

18. Power of entry without search warrant:-


Whenever a Collector, Prohibition Officer any police officer not below the rank of Sub-Inspector,
any officer-in-charge of a police station, has reason to believe that an offence under Section 7, Section 7-
A, or Section 8, has been, committed, and that the delay occasioned by obtaining search warrant under
section 17 will prevent the execution there of, he may, after recording his reasons and the ground of his
belief at any time by day or night enter and search any place and may seize any thing found therein which
he has reason to believe to be liable to confiscation under this Act; and may detain and search and, if he
thinks proper, arrest any person found in such place whom he has reason to believe to be guilty of any
offence under this Act and also seize and detain any excisable or other article which he has reason to
believe to be liable to confiscation under this Act.

19. Power of entry and inspection:-


The Collector, any Prohibition Officer or any Police Officer not below the rank of a Sub-Inspector
may enter and inspect, at any time by day or night, any place in which it is reasonably suspected.--- (a)
that any liquor is kept for sale or store otherwise than in accordance with the provisions of the Andhra
Pradesh Excise Act 1968, (Act 17, of 1968) and the rules made there under. (b) That an offence under
section 7, section 7-A or section 8 is being committed and may examine, test, measure or weigh any
material, still, utensil, implement, apparatus or liquor found in such place.

20. Power to use force in case of resistance to entry:-


If any officer empower to make an entry under section 17, 18 or 19 cannot other wise make such
entry, it shall be lawful for him to break open any outer or inner door or window and to remove any other
obstacles to his entry into any such place.

21. Arrest of offenders and seizure of contraband liquor and articles without warrant:-
Any Prohibition Officer or any Police Officer not below the rank of Sub-inspector ----
(a) may arrest without warrant any person found committing an offence punishable
under Section 7, Section 7-A, or Section 8 or Section 9,

44
ANDHRA PRADESH PROHIBITION ACT, 1995

(b) may seize and detain any liquor or other article which he has reason to believe to be
liable to confiscation under this Act, and
(c) may search any person, vessel, vehicle, animal, package, receptacle or covering,
upon whom or in which, he may have reasonable cause to suspect any such liquor or
other article to be or to be concealed.

22. Arrest of persons refusing to give name and giving false name:-
Any person who may be cause or reasonably suspected of committing an offence under this Act,
and who on demand made by any Prohibition Officer or any Police Officer not below the rank of a Sub-
inspector, refuses to give his name and resident or who gives the name or residence which such officer
has reason to believe to be false, may be arrested by such officer in order that his name and residence may
be ascertained.

23. Arrest, search etc., how to be made:-


Any person arrested under this Act, shall be informed, as soon as may be, of the grounds for such
arrest and save as otherwise expressly provided in this Act, the provisions of the Code of Criminal
Procedure, 1973, relating to arrests, detention in custody, searches, summons, warrants of arrests search
warrants, the production of persons arrested and the disposal of things seized shall apply, as far as may
be, to all actions taken in these respects under this Act.

24. Power to Prohibition and Excise Officer in the matters of investigation:-


(1) Any Prohibition and Excise officer not below the rank of Prohibition and Excise Sub-Inspector
may, as regards offences under this Act, exercise within such area as may be notified in this
behalf, powers conferred on an officer-in-charge of a police station by the provisions, of the
Code of Criminal Procedure, 1973. Provided that any such power shall be subject to such
restrictions and modifications, as may be prescribed.
(2) For the purpose of Section 156 of the said code, the area in regard to which a Prohibition and
Excise Officer is empowered under sub-section (1) shall be deemed to be a Police Station and
such officer shall be deemed to be the officer-in-charge of such station

25. Cognizance and trial of offence:-


Notwithstanding anything contained in the Code of Criminal Procedure, 1973, all offences under
this Act shall be cognizable and the provisions of the said code with respect to cognizable offences shall
apply to them.
Provided that the offences punishable with imprisonment for a term not exceeding two years under
this Act shall be tried in accordance with the procedure prescribed by chapter XXI of the Code of Criminal
Procedure, 1973.

25-A Enhanced punishment after previous conviction:-


If any person after having been previously convicted of an offence punishable under this Act,
subsequently commits and is convicted for an offence, punishable under this Act, he shall be liable upto
twice the punishment which might be imposed on the first conviction under this Act.

45
ANDHRA PRADESH PROHIBITION ACT, 1995

26. Punishments for vexatious search or arrest:-


Any officer or person exercising powers under this Act, who ----
(a) without reasonable ground of suspension, enters or searches or causes to be searched,
any closed place, or
(b) vexatiously and unnecessarily seizes the property of any person on the pretence of
seizing or searching for any thing liable to confiscation under this Act, or
(c) vexatiously and unnecessarily detains searches or arrests any person, or
(d) maliciously and falsely lays information leading to a search, seizure, detention, or
arrest, or
(e) in any other way maliciously exceeds his lawful powers, shall be punished with
imprisonment which may extend up to six months, or with fine which may extend
up to five hundred rupees, or with both.

27. (Omitted)

28. Duty of officials of all departments and local bodies to assist:-


Officials of all departments of the Government and of all local bodies shall be legally bound to
assist any Prohibition or Police Officer in carrying out the provisions of this Act.

29. Offences to be reported etc., :-


Every official employed by the Government or by any local body other than a police or any
Prohibition officer shall be bound to give immediate information at the nearest Police Station or to a
Prohibition Officer of all branches of any of the provisions of this Act which may come to his knowledge,
and all such officials shall be bound to take all reasonable measures in their power to prevent the
commission any such breaches which they may know or have reason to believe are about or likely to be
committed.

30. Protection of action taken under this Act.:-


No suit or other legal proceedings shall lie against the Government or any Officer or any other
person empowered to exercise powers or to perform the functions under this Act for any thing in good
faith done or intended to be done under this Act.

31. Overriding effect:-


Save as other wise provided, the provisions of this Act, shall have effect, notwithstanding any thing
consistent there with contained in the provisions of Andhra Pradesh Excise Act 1968, (Act 17, of 1968),
under rules made there under for the time being in force.

31-A Power to remove difficulties.:-


1. If any difficulty arises in giving effect to the provisions of this Act , the Government may
make such orders not inconsistent with the provisions of this Act, as appear to them to be

46
ANDHRA PRADESH PROHIBITION ACT, 1995

necessary or expedient for the purpose of removing difficulty, provided that no such order
shall be made after the expedition of two years from the commencement of this Act.
2. Every order made under this section shall, as soon as may be after it is made, be laid down
before the legislative assembly of the State.

32. Savings:-
Nothing in this Act shall be deemed to preclude---
(a) the Andhra Pradesh Beverages Corporation Limited to carry on trade in liquor in
accordance with rules made in this behalf,
(b) the buying and selling of liquor carried on by the military canteens in the State under
any licence granted in accordance with the provisions of the Andhra Pradesh Excise
Act 1968, (Act 17, of 1968) and the rules made there under, and
(c) the consumption and utilization of medicines, toilet preparations and other food
materials containing alcohol

32-A Transitional Provision:-


1. Notwithstanding any thing contained in the Andhra Pradesh Prohibition Act 1995, the Andhra
Pradesh liquor (issue of permit and licence rules 1995, the Indian Contract Act 1872 or the
terms and conditions any agreement entered into with the licencing authority under this Act,
or under the said rules for grant of such permits and licences on health grounds on the
recommendations of the notified medical authorities specified under the said rules shall stand
cancelled in public interest, and accordingly no suit or other proceedings shall be entertained
or continued in any court against such permitting or licencing authority or any person or any
authority what so ever for the enforcement of any terms and conditions of such permit or
licence so terminated or for any damages or comensation on the ground that any loss is
sustained by the termination thereof before its expiry.
2. Within a period of so seven days from the date of commencement of this Act, every licensee
shall surrender to the permitting or licencing authority, the entire stock of liquor on the date
of such commencement, is the possession of any holder of any permit or licence which stood
terminated under sub-section 1, on such terms and conditions as may be prescribed.
3. All applications made for grant of permit or licence pending before the permitting or licencing
authority on the appointed date and every action taken, or enquiry made in respect of such
application, shall abate and or fee paid in connection there with (including the application fee
and licence fee, if any) already paid shall be refunded.

33. Power to make rules:-


(1) The Government, may, by notification, make rules for carrying out all or any of the purposes
of this Act.
(2) Every rule made under this Act, shall immediately after it is made be laid before the legislative
assembly of the State., if it is in session and if it is not session, in the session immediately
following for a total period of fourteen days which may be comprised in one session or in two
successive sessions and if, before the expiration of the session in which it so laid or the

47
ANDHRA PRADESH PROHIBITION ACT, 1995

session immediately following the legislative assembly agrees in making any modification
sin the rule or in the annulment of the rule, the rule shall, from the date on which the
modification or annulment is notified have effect only in such modified form or shall stand
annulled as the case may be, show however that any such modification or annulment shall be
without prejudice to the validity of anything previously done under that rule

34. Amendment of Act 17 of 1968:-


(1) In the Andhra Pradesh Excise Act 1968, (Act 17, of 1968) ----
(1) In section 1 for sub-section (2) the following shall be substituted, namely " (2) It extends to
the whole state of Andhra Pradesh, provided that on and from the date of commencement of
Andhra Pradesh Prohibition Act 1995, the provisions of this Act, in so far as they are
inconsistent with the provisions of the said Act cease to operate"
(2) In section 5 for sub-section (1) the following shall be substituted namely --- " (1) The
Government may appoint such number of Additional Commissioners, Joint Commissioner,
Deputy Commissioners, and Assistant Commissioners of Prohibition and Excise and District
Prohibition and Excise Officers and such other officers as they think fit for the purpose of
performing the functions of respectively conferred on them by or under this Act."
(3) Through out the Act for the words " Excise Officers", "Commissioner of Excise", "Additional
Commissioner of Excise", Deputy Commissioner of Excise", Assistant Commissioner of
Excise", Excise Superintendent", Assistant Excise Superintendent", and Excise Department
the words " Prohibition and Excise Officers", "Commissioner of Prohibition and Excise",
"Additional Commissioner of Prohibition and Excise", Deputy Commissioner of Prohibition
and Excise", Assistant Commissioner of Prohibition and Excise", Prohibition and Excise
Superintendent", Assistant Prohibition and Excise Superintendent", and Prohibition and Excise
Department", shall respectively be substituted.

35. Repeal of Act X of 1937 etc.,:-


The Andhra Pradesh (Andhra Area) Prohibition Act 1937 and the Andhra Pradesh Prohibition
Ordinance 1994 and the Andhra Pradesh Prohibition ( amendment) Ordinance 1995 ( 12 of 1995) are
hereby repealed.

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