The Assam Excise Act, 2004

■W  - * 1  'Otr/i»  “ I Registered No. - 768/97
I
THE ASSAM GAZETTE
EXTRAORDINARY
PUBLISHED BY AUTHORITY
T° 15 f w p ,  W W ,  18 2005, 28 1926 m
No. 15 Dispur, Tuesday, 18th January, 2005, 28th Pausa, 1926 (S.E.)
GOVERNMENT OF ASSAM
ORDERS BY THE GOVERNOR
LEGISLATIVE DEPARTMENT :  :  :  LEGISLATIVE BRANCH
NOTIFICATION
The 18th January, 2005
No. LGL.l 21/2003/9.-- The following Act of the Assam Legislative 
Assembly which received the assent of the Governor is hereby published for 
general information.

42 THE ASSAM GAZETTE, EXTRAORDINARY, JAN. 18,
ASSAM ACT NO. II OF 2005
(Received the assent of the Governor on 13th January, 2005) 
THE ASSAM EXCISE (AMENDMENT) ACT, 2004.
AN
ACT
further to amend the Assam Excise Act, 1910.
Preamble Whereas it is expedient further to amend
the Assam Excise Act, 1910, hereinafter referred 
to as the principal Act, in the manner hereinafter 
appearing ;
It is hereby enacted in the Fifty-fifth Year 
of the Republic of India as follows
Short title, 1.(1) This Act may be called the Assam Excise 
extent and (Amendment) Act, 2004.
commence-
went. (2) It shall have the like extent as the principal
Act.
Assam Act I  of 
1910.
Amendment 2. 
of section 70.
(3) It shall come into force on such date as the 
State Government may, by notification in 
the Official Gazette, appoint.
In the principal Act, in section 70, for sub­
section (1), (2) and (3), the following shall be 
substituted, namely
l‘7O. Power to compound offences (1) when 
any licence, permit or pass is liable to be 
cancelled or suspended under clause (a) or (b) 
of sub-section (1) of section 29 or when any 
person is reasonably suspected o f having 
committed an offence under this Act other than 
an offence under section 61, the Excise 
Com m issioner or a Collector, instead o f 
enforcing such cancellation or suspension or 
instituting a prosecution in respect o f such 
offence, may realise from the holder of such 
licence, permit or pass or from such person 
such sum of money not less than rupees one 
thousand but maximum of which shall not 
exceed rupees five thousand, depending upon 
the merits of the case.

? HE ASSAM GAZETTE, EXTRAORDINARY, JAN. 18, 2005 43
(2) The Excise Commissioner or the Collector 
may also after institution against any person 
of a prosecution in respect of any offence 
under this Act other than offence under 
section 61, compound the offence on 
payment by such person a sum of money 
not less than rupees one thousand but 
maximum of which shall not exceed rupees 
five thousand depending upon the merits 
of the case.
(3) Notwithstanding anything contained in this 
section, an Excise Officer not below the 
rank of Superintendent of Excise in the 
District Head Quarter and Deputy 
Superintendent of Excise in the Sub- 
Divisional Head Quarter may, at any time, 
compound an offence under this Act in 
respect of manufacture and possesion of 
pachwai exceeding the quantity that may 
be exempted under section 73 but not 
exceeding five kilograms and manufacture 
or possesion of illicit liquor, on payment 
by the person manufacturing or possesing 
such pachwai liquor a sum of money not 
less than rupees one thousand but 
maximum of which shall not exceed rupees 
five thousand, depending upon the merits 
of the case.”
M. K. DEKA, 
Commissioner & Secy, to the Govt, of Assam, 
Legislative Department, Dispur.
GUWAHATI- Printed & Published by the Dy. Director (P&S), Directorate of Ptg. & Sty., 
Assam, Guwahati-21, (Ex-Gazette) No. 29-500-600-18-1-2005.

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