Tamil Nadu Prohibition Act Section 3 — Definitions
Criminal
Summary
In this Act, unless the subject or context requires otherwise, the following terms have the meanings given below.
Sub-section (1): A blending unit means a place where Indian made foreign spirits are manufactured.
Sub-section (1-A): To bottle means to transfer liquor from a cask or other vessel into a bottle, jar, flask, pot or similar receptacle for the purpose of sale, whether or not any manufacturing process is used, and it includes re-bottling.
Sub-section (2): To buy or buying includes any receipt, including receiving something as a gift.
Sub-section (3): A Collector means a Collector of land revenue, or any person appointed under clause (d) of Section 25 to exercise all or any of the powers or perform all or any of the duties of a Collector under this Act. The explanation clarifies that a Collector of land revenue includes an Additional Collector and a District Revenue Officer.
Sub-section (4): A Commissioner means the Officer appointed under clause (a) of Section 25.
Sub-section (5): Cultivation includes tending or protecting a plant during its growth, and it does not necessarily mean raising it from seed.
Sub-section (5-A): An excisable article means any alcoholic liquor meant for human consumption, but it does not include medicinal and toilet preparations mentioned in entry 48 of List I in the Seventh Schedule to the Constitution.
Sub-section (6): Export means (a) taking something out of any local area to which this Act applies into any other local area in the State of Tamil Nadu to which this Act has not been extended; or (b) taking something out of the State of Tamil Nadu, including crossing the customs frontiers of India.
Sub-section (6-A): Foreign liquor includes every liquor imported into India, other than Indian made foreign spirits, plain rectified spirits, and denatured and methylated spirits.
Sub-section (7): Import means (a) bringing something into any local area to which this Act applies from any other local area in the State of Tamil Nadu to which this Act has not been extended; or (b) bringing something into the State of Tamil Nadu, including crossing the customs frontiers of India. Clause (i) defines customs frontiers of India as the limits of the area of a customs station in which imported goods or goods for export are ordinarily kept before clearance by customs authorities. Clause (ii) defines customs station as any customs port, customs airport or land customs station.
Sub-section (7-A): Indian-made foreign spirits means spirits manufactured and compounded in India and made in colour and flavour to resemble gin, brandy, whisky or rum imported into India, and it includes milk punch and other liquors consisting of or containing spirits.
Sub-section (8): An intoxicating drug means (i) the leaves, small stalks and flowering or fruiting tops of the Indian hemp plant, including all forms known as bhang, siddhi or ganja; (ii) charas, which is the resin obtained from the Indian hemp plant that has not been submitted to any manipulation other than those necessary for packing and transport; (iii) any mixture, with or without neutral materials, of any of the above forms of intoxicating drug or any drink prepared from them; and (iv) any other intoxicating or narcotic substance which the State Government may, by notification, declare to be an intoxicating drug, provided such substance is not opium, cocoa leaf, or a manufactured drug as defined in section 2 of the Dangerous Drugs Act, 1930.
Sub-section (9): Liquor includes toddy, arrack, spirits or wine, denatured spirits, wine, beer, and all liquids consisting of or containing alcohol. The explanation clarifies that denatured means subjected to a process prescribed by the State Government by notification for the purpose of rendering it unfit for human consumption.
Sub-section (10): A local body means the Corporation of Chennai, any municipality constituted under the Tamil Nadu District Municipalities Act, 1920, or any local board constituted under the Tamil Nadu Local Boards Act, 1920.
Sub-section (11): Manufacture means every process, whether natural or artificial, by which any fermented, spirituous, or intoxicating liquor or intoxicating drug is produced, prepared or blended, and it also includes re-distillation and every process for the rectification of liquor.
Sub-section (11-A): Molasses means the heavy dark coloured residual syrup drained away in the final stage of the manufacture of gur or sugar, containing in solution or suspension sugars which can be fermented, and it includes any product formed by adding to such syrup any ingredient which does not substantially alter the character of the syrup. It does not include any article which the State Government may, by notification, declare not to be molasses for the purposes of this Act.
Sub-section (11-B): Neer or padani means juice drawn from a coconut, palmyra, date or any other kind of palm tree into receptacles treated so as to prevent any fermentation, and which is not fermented.
Sub-section (12): Place also includes a house, shed, enclosure, building, shop, tent and vessel.
Sub-section (13): A police station includes any place which the State Government may, by notification, declare to be a police station for the purposes of this Act.
Sub-section (14): A prohibition officer means the Commissioner, a Collector, or any officer or other person lawfully appointed or invested with powers under Section 25.
Sub-section (15): Rectification includes every process whereby spirits are purified or are coloured or flavoured by mixing any materials with them.
Sub-section (16): Sale or selling includes any transfer, including a gift.
Sub-section (17): Spirits means any alcohol and includes any liquor containing alcohol and obtained by distillation, whether such liquor is denatured or not. The explanation clarifies that denatured means subjected to a process prescribed by the
Official Text
In this Act, unless there is something repugnant in the subject or context --
(1) ―blending unit‖ means a unit where Indian made foreign spirits are manufactured. (1-A) ―bottle‖ means to transfer liquor from a cask or other vessel to a bottle, jar, flask or pot or similar receptacle for the purpose of sale whether any process of manufacture be employed or not and includes re-bottling.
(2) ―buy‖ or ―buying‖ includes any receipt including gift.
(3) ―Collector‖ means a Collector of land revenue or any person appointed under clause (d) of Section 25 to exercise all or any of the powers or to perform all or any of the duties of a Collector under this Act.
Explanation -- Collector of land revenue includes Additional Collector and District Revenue Officer.
(4) ―Commissioner‖ means the Officer appointed under clause(a) of Section 25:
(5) ―cultivation‖ includes the tending or protecting of a plant during growth and does not necessarily imply raising it from seed. (5-A) ―excisable article‖ means any alcoholic liquor for human consumption but does not include medicinal and toilet preparations mentioned in entry 48 of List I in the Seventh Schedule to the Constitution.
(6) ―export‖ means--
(a) to take out of any local area to which this Act applies to any other local area in the State of Tamil Nadu to which this Act has not been extended; or
(b) to take out of the State of Tamil Nadu including crossing the customs frontiers of India. [Section 3 was amended by Tamil Nadu Prohibition (Second Amendment) Act 2017 (Tamil Nadu Act 33 of 2017)]. (6-A) ―foreign liquor‖ includes every liquor imported into India, other than Indian made foreign spirits, plain rectified spirits and denatured and methylated spirits.
(7) ―import‖ means--
(a) to bring into any local areas to which this Act applies from any other local area in the State of Tamil Nadu to which this Act has not been extended: or
(b) to bring into the State of Tamil Nadu including crossing the customs frontiers of India.
(i) ―customs frontiers of India‖ means the limits of the area of a customs station in which imported goods or goods for export are ordinarily kept before clearance by customs authorities;
(ii) ―customs station‖ means any customs port, customs airport or land customs station. [This clause was inserted by Section 3 of the Tamil Nadu Prohibition (Second Amendment) Act 2019 (Tamil Nadu Act 33 of 2017)]. (7-A) ―Indian-made foreign spirits‖ means spirits manufactured and compounded in India and made in colour and flavour to resemble gin, brandy, whisky or rum imported into India and includes ‗milk punch‘ and other liquors consisting of or containing spirits.
(8) ―Intoxicating drug‖ means— i. The leaves, small stalks and flowering or fruiting tops of the Indian hemp plant (connadis satival) including all forms known as bhang, siddhi or ganja; ii. Charas, that is, the resin obtained from the Indian hemp plant, which has not been submitted to any manipulation other than those necessary for packing and transport; iii. any mixture, with or without neutral materials, of any of the above forms of intoxicating drug or any drink prepared therefrom; and iv. any other intoxicating or narcotic substance which the State Government may, by notification, declare to be an intoxicating drug, such substance not being opium, cocoa leaf, or a manufactured drug, as defined in section 2 of the Dangerous Drugs Act, 1930 (Central Act II of 1930).
(9) ―liquor‖ includes toddy (arrack), spirits or wine (denatured spirits) spirits, wine, beer, and all liquid consisting of, or containing alcohol;
Explanation -- ‗Denatured‘ means subjected to all process prescribed by the State Government by notification for the purpose rendering unfit for human consumption.
(10) ―local body‖ means the Corporation of Chennai, any municipality constituted under the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920) or any local board, constituted under the Tamil Nadu Local Boards Act, 1920 (Tamil Nadu Act XIV of 1920).
(11) ―manufacture‖ means every process, whether natural or artificial by which any fermented, spirituous, or intoxicating liquor or intoxicating drug is produced, prepared or blended, and also re-distillation and every process for the rectification of liquor; (11-A) ―molasses‖ means the heavy dark coloured residual syrup drained away in the final stage of the manufacture of gur or sugar containing, in solution or suspension sugars which can be fermented and includes any product formed by the addition to such symp of any ingredient which does not substantially alter the character of such syrup; but does not include any article which the State Government may, by notification, declare not to be molasses, for the purposes of this Act; (11-B) ―neer or padani‖ means juice drawn from a coconut, Palmyra, date or any other kind of palm tree into receptacles treated so as to prevent any fermentation and not fermented.
(12) ―place‖ includes also a house, shed, enclosure, building, shop, tent and vessel;
(13) ―police station‖ includes any place which the State Government may, by notification, declare, to be a police station for the purposes of this Act;
(14) ―prohibition officer‖ means the Commissioner, a Collector or any officer or other person lawfully appointed or invested with powers under Section 25;
(15) ―rectification‖ includes every process whereby spirits are purified or are coloured or flavoured by mixing any materials therewith;
(16) ―sale or selling‖ includes any transfer including gift;
(17) ―spirits‖ means any alcohol and includes any liquor containing alcohol and obtained by distillation whether such liquor is denatured or not;
Explanation -- ―Denatured‖ means subjected to a process prescribed by the State Government by notification for the purpose of rendering unfit for human consumption.
(18) (*****)
(19) ―toddy‖ means the fermented juice drawn from a coconut, palmyrah, date or any other kind of palm tree; (Section 3 (Clause 19) was amended by Tamil Nadu Prohibition (Amendment) Act 2014 (Tamil Nadu Act 26 of 2014)). (19-A) ―transit‖ means to move through the territory of the State of Tamil Nadu from any place in India outside the State of Tamil Nadu to any other place in India outside the State of Tamil Nadu.
(20) ―transport‖ means to move from one place to another within any local area to which this Act applies; and
(21) Any reference to a permit generally or to a permit granted under Sections 18,19 or 20 shall be construed as including a reference to an ―authority‖ issued under Section (16-A). CHAPTER II PROHIBITION AND PENALTIES