The Spirituous Preparations (inter-State Trade and Commerce) Control (Repeal) Act, 2006

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The Act vide its no. 32 of the year 2006 was enacted with its short title as ‘The Spirituous Preparations (inter-State Trade and Commerce) Control (Repeal) Act, 2006’. The said Act being Act of Parliament was assented on 22nd August, 2006. The purpose and object of the Act is to provide for repealing of The Spirituous Preparations (Inter-State Trade and Commerce) Control Act, 1955 (Act no. 39 of 1955). The said Act of 1955 was to provide for restricting Inter-State trade and Commerce in spirituous, medicinal and other preparations, in the interest of public. And the said Act of 1955 was enacted on 6th year of republic of India. And this repealing Act was enacted on 57th year of republic of India.

The first provision of this repealing Act is to provide for short titling of the Act and the second provision is important so far as the repealing of the Act of 1955 is concerned. The Act of 1955 is to repealed in its entirely under this Act.

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The original Act under its section 3, was restricting persons while being engaged in the inter-state trade and commerce, from importing any spirituous preparation in prohibited State or exporting such preparation from any State to transport the same in a prohibited State. However, such transportation could only be done as per terms of license issued under that Act. The Central Government was vested with the authority to provide for rules to regulate such importation or exportation, etc. Moreover, it was also required to prescribe for aforementioned terms of the license. The Spirituous preparations being Government property are not subjected to such restrictions. Even if any other preparations containing alcohol, in the view of the Central Government after being satisfied on making enquiry in this behalf, then such Government was to declare such preparation as spirituous preparations under the meaning provided in the Act of 1955. Moreover, that Act was providing for penalties for breaching the provisions thereof and other relevant provisions relating to the object or purpose of that Act as to restricting Inter-State trade and Commerce in spirituous, medicinal and other preparations.

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by Faim Khalilkhan Pathan.