The Mizoram Liquor Total Prohibition (Amendment) Act, 1999.

NOTIFICATION
No. H. 12018/67/96-LJD, the 23rd April, 1999. The following Act of the Mizoram Legislative Assembly,
which received the assent of the Governor of Mizoram is hereby published for general information.
The Mizoram Liquor Total Prohibition (Amendment) Act, 1999.
The Mizoram Act No. 3 of 1999.
(Received the assent of the Governor of Mizoram on the 12th April, 1999).
AN
ACT
to amend the Mizoram Liquor Total Prohibition Act, 1995 (herein referred 10 as the Principal
Act) and to make the Act more effective in its implementation.
Be it enacted by the Legislative Assembly of the State of Mizoram in the Fiftieth Year of the
Republic of India as follows.
1. (1) This Act may be called the Mizoram Liquor Total Prohibition (Amend-
ment) Act, 1999.
(2) It shall have the like extent as the principal Act.
(3) It shall come into force on such date as the State Government may, by
notification in the oficial Gazette appoint and different date may be appointed for
different areas.
2. (1) In the principal Act, in sub-section (1) of section 2, afterclause (f), the
following clause shall be inserted as subclause (i) of clausa (f) namely-
Vol XXVIII Aizawl, Friday 23.4.1999 V aisakha 3. S.E. 1921 Issue No. 83
Regd. No. NE 907
Short title extent,
and commence-
ment
(i) Excise Station means any post or place declared generally or specially by the
Government, to be an Excise Station, and it shall include any local area specified the
Government in this behalf;
(2) after clause (k), the following clause shall be added as sub-clause (i) of clause
(k) namely-
(i) Oficer-in-charge of an Excise Station means an Excise Officer who is in-
charge of an Excise Station and includes an Excise Officer posted at the Station
who is next in rank to such Officer and is above the rank of Constable or, when the
Government so directs, any other Excise Oficer so present;
3. In section 6 of the principal Act, for the words - “..all officers including the
Officer of the Police and other Departments..”the words the Oificers of the Police
Department.." shall be substituted...
4. In section 29 of the principal Act, for the word, "Government, the word "Com-
missioner", shall be substituted.
5. After section 39 of the Principal Act, the following section shal be inserted as
section 39-A namely-39-A. Nothing contained in section 360 of the Code of Criminal
Procedure, 1973 (2 of 1974) or in the Probation of Offenders Act, 1958 (20 of
1958), shall apply to a person convicted of an offence under this Act, unless such
person is an infirm, old aged or under eighteen years of age”.
6. In sub-section (1) of section 50 of the principal Act, for thewords- "not below
the rank of Sub-Inspector” the words "not” below such rank as may be prescribed.
by the Government shall be subsitituted.
7. In sub-scction (1) of section 53 of principal Act, the words and expressions.
"or an officer of the Excise Department not below the rank of Superintendent of
Excise, as the case may be" occuring in between the words- “first class” and may
issue” shall be deleted.
8. In sub-section (1)) of section 54 of the principal Act, for the words “not below
the rank of Sub-Inspector", the words-"not below such  rank as may be prescribed
by the Government”,  shall be substituted.
9. After section 55  of the principal Act, the following section shall be inserted as
section 55-A, namely-"55A. Any private person or persons may arrest or cause to
be arrested any person who, in his/their presence commits a non bailable and cog-
nizable offence under this Act, and, without unnecessary delay, shall make over or
Amendment of
section 6
Amendment of
section 29
Bar  of application of
section 360 of the
Code of Criminal
Procedure, 1973 and
of the Probation of
offenders Act, 1958
Amendment of
sub-section (1) of
section 50
Amendment of
sub-section (1) of
section 53
Amendment of
sub-section (1) of
section 54
Arrest by private
person and pro-
cedure on such
arrest.
- 2 -Ex-83/1999
cause to be made over any person so arrested to the Excise or Police Officer, or, in
the absence of the Excise or Police Oficer, take such person or cause him to be
taken in custody to the nearest Excise Station or Police Station”.
10. In section 58 of the principal Act, for the word- “collection” the word “Of-
ficer-in-charge of an Excise Station or Police Station,” shall be substituted.
11. After section 58 of the principal Act, the following section shall be inserted as
section 58-A namely -
“58-A. Notwithstanding anything contained in the Code of Criminal Proce-
dure, 1973 (2 of 1974)-
(a) every offence punishable under this Act shall be cognizable;
(b) no person accused of an offence punishable for a term of imprisonment
of three years or more under this Act shall be released on bail or on his own bond
unless-
(i) the prosecutor has been given an opportunity to opposes the applica-
tion for such release, and
(ii) where the Prosecutor opposes the application, the Court is satisfied
that there are reasonable grounds for believing that he is not guitly of such offence
and that he is not likely to commit any offence while on bail".
12. In sub-section (2) of section 59 of the principal Act, for thewords,-"for a
district or part thereof and for such period as it may deem fit, Prohibition Commit-
tees consisting of official and non-official residents of the district" the following words
shall be substituted, namely -
“for every District, Sub-Division, Block,   Village or area, and for such period as it
may deem fit, Prohibition Committees consisting of such officials and non-officials
posted or residing in such District, Sub-division, Block,  Village or area, as may be
prescribed by the Government”.
P . Chakraborty ,
Secretary to the Government of Mizoram.
Law & Judicial Department.
Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram
Printed at the Mizoram Government Press,  Aizawl.
Amendment of
sub-section (1) of
section 58
Offences cogni-
zable and non-
cognizable.
Amendmentof
section 59
- 3 - Ex-83/1999

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