LexThe Telangana Intoxicating Liquors (Prohibition of Advertisements) Act, 1978.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA INTOXICATING LIQUORS (PROHIBITION OF
ADVERTISEMENTS) ACT, 1978.
(ACT NO.30 OF 1978)
ARRANGEMENT OF SECTIONS
Sections
1. Short title, extent and commencement.
2. Definitions.
3. Prohibition of advertisements.
4. Power to enter and inspect places or premises and
seize articles.
5. Confiscation.
6. Compounding of offences.
7. Offences under Act to be cognizable.
8. Abetments and attempts.
9. Protection of persons acting in good faith.
10. Offences by Companies.
11. Power to make rules.
12. Cessor of section 6 of Act X of 1937.
THE TELANGANA INTOXICATING LIQUORS (PROHIBITION
OF ADVERTISEMENTS) ACT, 1978.1
ACT No. 30 OF 1978.
1. (1) This Act may be called the 2Telangana Intoxicating
Liquors (Prohibition of Advertisements) Act, 1978.
(2) It extends to the whole of the State of 2Telangana.
(3) It s hall come into force on such date as the State
Government may, by notification, appoint.
2. In this Act, unless the context otherwise requires,-
(1) „advertisement‟ includes any notice, circular, labl e,
wrapper or other document or a cinematograph film or slide
used, or any sky sign or sign -board, baloon, parachute or
other similar device employed, or any announcement made,
orally or by any means of producing or transmitting lig ht,
sound or smoke, as a means or method of att racting public
attention;
(2) „excise officer‟ means the Commissioner, the
Collector or any officer or other person lawfully appointed or
invested with powers under relevant provisions of the
3Telangana Excise Act, 1968;
1. The Andhra Pradesh Intoxicating Liquors (Prohibition of
Advertisements) Act, 1978 received the assent of the President on the
23rd October, 1978. The said Act in force in the combined State as on
01.06.2014, has been ada pted to the State of Telangana under section
101 of the Andhra Pradesh Reorganisation Act, 2014 (Central Act 6 of
2014) vide. Notification issued in G.O.Ms.No.236, Revenue (Excise II)
Department, dated 15.12.2015.
2. Substituted by G.O.Ms.No. 236, Revenue (Excise II) Department,
dated 15.12.2015.
3. Adapted by G.O.Ms.No. 162, Revenue (Excise -II) Department, dated
10.09.2015.
Short title, extent
and
commencement.
Definitions.
Act 17 of 1968.
2 [Act No.30 of 1978]
(3) „Government‟ means the State Government;
(4) „liquor‟ includes,-
(a) spirits of wine, denatured spirits, methylated
spirits, rectified spirits, wine, beer, toddy and every liquid
consisting of or containing alcohol; and
(b) any other intoxicating substance which the
Government may, by notification, declare to be liquor for the
purpose of this Act;
(5) „notification‟ means a notification published in the
4Telangana Gazette, and the term „ notified‟ shall be
construed accordingly;
(6) „prescribed‟ means pr escribed by rules made by
the Government under this Act.
3. Whoever prints or publishes, i n any newspaper, book,
leaflet, booklet or any other sin gle or periodical publication,
any advertisement or otherwise displays any advertisement
to public view in any manner whatsoever in any place,
whether public or private, or distributes any advertisement
or other matter, soliciting the use of, or offering any liquor,
shall be punished with imprisonment for a term whi ch may
extend to six months or with fine which may extend to
4[Rupees Twenty five thousands] or with both:
Provided that this section shall not apply-
(a) to plain cata logues and price lists which may be
generally or specially approved by the Commissioner of
Excise; or
4. Substituted by G.O.Ms.No.236, Revenue (Excise -II) Department,
dated 15.12.2015.
Prohibition of
advertisements.
[Act No.30 of 1978] 3
(b) to advertisements in medical journals, or to notices
and literature circulated e xclusively to members of the
medical profession, if such advertisement, notices or
literature relate to any liquor which has been specially
approved as of medicinal value –
(i) by the Medical Council established by the
5Telangana Medical Practitioners Registration Act, 1968; or
(ii) by any other Medical Council which has been
established under any law fo r the time being in force in any
other part of India, or which has been recog nized by the
Government of the State concerned; or
(iii) by such authority in respect of Indian Medicine as
may be notified by the Government.
4. (1) Any excise officer, not below the rank of
6[Prohibition and Excise Sub-Inspector], 7[xxx] shall have
power to enter and inspe ct at any time, by day or by night,
any place or premises, whe re he has reason to believe that
an offence under this A ct has been, is being, or is likely to
be committed, and may seize and detain a ny article or thing
which he has reason to believe to be liable to confiscatio n
under this Act.
(2) Every person in occupation of any such place or
premises shall allow the officer such access to the place or
premises as may be necessary for the aforesaid purpose
and shall answer to the best of his knowledge and belief any
question put to him by such officer.
5. Adapted by G.O.Ms.No. 68, Health, Medical and Family We lfare (C.1)
Department, dated 03.08.2015.
6. Substituted by G.O.Ms.No.236, Revenue (Excise II) Department,
dated 15.12.2015.
7. Omitted by G.O.Ms.No.236, Revenue (Excise II ) Department, dated
15.12.2015.
Act 23 of 1968.
Power to enter
and inspect
places or
premises and
seize articles.
4 [Act No.30 of 1978]
(3) If any officer empowered to make an entry under
this section cannot otherwise 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 or premises.
(4) Whoever does any act in contrav ention of the
provisions of sub -section (2) shall be punished with f ine
which may extend to 8[two thousand rupees.]
5. (1) In any case in which an offence has been
committed against any provisions of this Act, the mat erials,
implements or apparatus in respect or by means of which
the off ence has been committed shall be liable to
confiscation along with th e re ceptacles, packages or
coverings and animals, vessels, vehicles, carts or other
conveyances used to hold or carry the same:
Provided that if anything is not the property of the
offender it shall not be confiscated, if the owner thereof had
no reason to believe that such offence was being or was
likely to be committed.
(2) Where i n any case tried by a court, the court
decides that anything is liable to confiscation under this
section it shall order confiscation of such thing.
(3) When an offence under this Act has been
committed, but the offender is not known or cannot b e
found, or when anything liable to confiscation under this Act
and not in the possession of any person cannot be
satisfactorily accounted for, the case s hall be enquired into
and determined by an excis e officer, not below the rank of
8. Substituted by G.O.Ms.No.236, Revenue (Excise -II) Department,
dated 15.12.2015.
Confiscation.
[Act No.30 of 1978] 5
9[Prohibition and Excise Superintendent] who may ord er
such confiscation:
Provided that no such order shall be made until the
expiration of one month from the date of seizing the articles
or things intended to be confiscated or without hearing the
persons, if an y, claiming any right thereto and evidence, if
any, which they produce in support of their claims:
Provided further that if the a rticle or thing in question is
liable to speedy and natural decay or if the excise officer
aforesaid is of opinion that the sale would be for the benefit
of its owner, he may at any time direct it to be sold, and the
provisions of this section shall, as nearly as may be
practicable, apply to the net proceeds of such sale.
6. (1) 9[The Commissioner of Prohibition and Excise] or
any excise officer specially empowered by th e Government
in that behalf may accept from any pers on who is
reasonably suspected o f having committed an offence
under this Act, a sum of money not exceeding fiv e thousand
rupees and subject to such minima as may be prescribed
by way of compensation f or the offence which may have
been committed; and in all ca ses in which any article or
thing has been seized as liable to confiscation under this
Act, he may release the same on payment of th e value
thereof as estimated by such officer.
(2) On the payment by the person the sum of money or
the value or both, as the case may b e, such person, if in
custody shall be set at liberty, and all the articles or things
seized may be released and no proceedings shall be
instituted against such person in any criminal court. The
acceptance of compensation shall be deemed to amount to
9. Substituted by G.O.Ms.No.236, Revenue (Excise II ) Department,
dated 15.12.2015.
Compounding of
offences.
6 [Act No.30 of 1978]
an acquittal and in no case any further proceedings be
taken against such person or article or thing with reference
to the same act.
7. Notwithstanding anything in the Code of Criminal
Procedure, 1973, all offences under this Act shall be
cognizable.
8. Whoever abets any offence punishable under this Act
or attempts to commit any such offe nce, shall be punished
with the punishment provided in this Act for such offence.
9. No suit, prosecution or other legal proceeding shall be
instituted against any perso n exercising p owers under this
Act, for anything which is in good faith done or intended to
be done under this Act or the rules made thereunder.
10. (1) If the person committing an offence under this Act is
a company, the company as well as every person in charge
of, and responsible to, the company for the conduct of its
business at the time of the commission of the offence, shall
be deemed to be guilty of the offence and shall be liable to
be proceeded against and punished accordingly:
Provided that nothing in this sub -section shall render
any such person liable to any punishment, if he proves that
the offence was committed without his knowledge or that he
exercised all due diligence to prevent the commission of
such offence.
(2) Notwithstanding anything in sub -section (1), wher e
an offence under this Act has been comm itted by a
company and it is proved that the offence has been
committed with the consent or connivance of, or that the
commission of the offence is attributable to any neglect on
the part of any director, manager, secretary, or other officer
of the company , such director, manager, secretary or other
Offences under
Act to be
cognizable.
Central Act 2 of 1974.
Abetments and
attempts.
Protection of
persons acting in
good faith.
Offences by
Companies.
[Act No.30 of 1978] 7
officer shall also be deemed to be guilty of that offence and
shall be liable to be proceeded against and punished
accordingly.
Explanation.- For the purposes of this section,-
(a) “company” means any body c orporate and
includes a firm or other association of individuals, and
(b) “director” in relation to firm, means a partner in the
firm.
11. (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 section shall,
immediately after it is made, be laid before each House of
the State Legislature if it is in se ssion and if it is not in
session, in the session immediat ely 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 is so laid o r the session
immediately following, both Houses agree in making any
modification in 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; so however that
any such modification or annulment sha ll be with out
prejudice to the validity of anything previously done under
that rule.
(3) Any such rule may provide that any breach or
contravention thereof shall be punished with fine which may
extend to fifty rupees.
Power to make
rules.
8 [Act No.30 of 1978]
12. With effect on and from the commencement of this Act,
the provisions of section 6 of the Andhra Prad esh (Andhra
Area) Prohibition Act, 1937, shall cease to apply in so far as
they relate to adve rtisements pertaining to intoxicating
liquors.
* * *
Cessor of section
6 of Act X of 1937.