The Assam Excise Act, 2004
              - - *1'Otr/i» “I **Registered No. - 768/97**

# THE ASSAM GAZETTE

## EXTRAORDINARY

I

### 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.


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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 **Assam Act I of**
to as the principal Act, in the manner hereinafter **1910.**
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.

(3) It shall come into force on such date as the

State Government may, by notification in
the Official Gazette, appoint.

**Amendment** 2. In the principal Act, in section 70, for sub­
**of section 70.** 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
Commissioner or a Collector, instead of
enforcing such cancellation or suspension or
instituting a prosecution in respect of 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.


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### ? 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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