Thursday, February 4, 2010

[rti_india] Panchayats put up fight against alcoholism


'Panchayats can prohibit sale of liquor' 
Sushil Goyal
Tribune News Service

Sangrur, June 12

Though panchayats have the power to introduce prohibition on the sale of liquor in their respective villages in the state, yet it seems that a majority of them are ignorant about the provision, "Power to introduce prohibition," mentioned in the Punjab Panchayati Raj Act.

Social activist Kamal Anand, who has been working on social issues, including implementation of the Right to Information Act for the past some years, said yesterday, "As per Section 40 of the Punjab Panchayati Raj Act, a gram panchayat by a resolution, supported by at least two-thirds of panchs passed at any time on or after April 1 and on or before September 30, could direct that liquor may not be sold at any licensed shop within the Gram Sabha area".

Anand further said as per the Act, such a resolution, passed by the panchayat, would be binding upon the Excise and Taxation Commissioner, Punjab.

However, such a resolution would not be binding upon the Commissioner only if he/she was of the opinion, based on concrete evidence, that illicit distillation or smuggling of alcohol had been made in that particular area during the past two years, he added.

Anand further said it was a matter of happiness that even without having knowledge about the Section 40, Punjab Panchayati Raj Act, the panchayat of Jalan village, near Ghabdan village of the district, had created an example by way of passing a resolution on June 1 that it would neither allow the opening of a liquor shop in its village nor allow the sale of liquor.

Assistant Excise and Taxation Commissioner, Sangrur, TS Virk confirmed that under the Panchayati Raj Act the panchayats had the power to introduce prohibition in villages. However, he said, the Excise and Taxation Commissioner would take the final decision.

Panchayats put up fight against alcoholism 
Umesh Dewan
Tribune News Service

Patiala, February 3
In order to completely "discourage" alcohol consumption in their villages, the Panchayats of 44 villages of eight districts of Punjab have passed a resolution under Section 40 of the Punjab Panchayati Raj Act, urging the Excise and Taxation authorities not to allow liquor shops be opened in their villages from the next fiscal.

Representatives of 22 village Panchayats of Sangrur district also met State Excise and Taxation Officer A Venu Prasad in Patiala today in this regard. They said they would explore the possibility of taking legal recourse, in case the Excise Department allots liquor vends in their villages next fiscal. The villages that have taken this initiative are from Sangrur (22), Mohali (3), Bathinda (2), Ferozepur (1), Hoshiarpur (6), Barnala (3), Ludhiana (1), Patiala (3) and Faridkot (3).

Speaking to The Tribune, Sarpanch of village Chudal (Sangrur) Sukhdev Singh said they did not want the youth to spoil their life by getting addicted to alcohol.

"After some NGOs educated us about the powers we have under the Punjab Panchayati Raj Act, we decided to put forward the resolution that disallows the opening of liquor shops in villages."

When contacted, Venu Prasad said the process of giving personal hearing to the village Panchayats was on, and the decision would be taken thereafter. However, sources in the Excise Department told The Tribune that if the department enforced the resolution, it would mean decrease in the number of liquor vends, which, in turn, would lead to a dip in revenue.

"There is a possibility that after the closure of liquor vends, the youth might get hooked to drugs like opium," a senior official said.

What Section 40 is all about

Section 40 of Punjab Panchayati Raj Act empowers the village Panchayat with the power to introduce prohibition, following which intoxicating liquor cannot be not sold at any licensed shop within the Gram Panchayat area. The Section further mentions that if within two years, preceding the date of the passing of such resolution, illicit distillation or smuggling of alcohol has not been carried in the particular village, the resolution would be binding upon the Excise and Taxation Commissioner of the state.

End of the news,

dear friends similar power are available to the Panchayats in Haryana, Section 31 of THE HARYANA PANCHAYATI RAJ ACT, 1994 empower the Panchayats in Haryana to introduce prohibition in their respective area, Section 31 of Haryana PRA 1994 is reproduced hereby:

31. (1) A Gram Panchayat may, at any time, during the period

commencing on the 1st day of April and ending with the 30th day of

September of any year by resolution passed by majority of Panches 

holding office for the time being, direct that intoxicating liquor may not 

be sold at any licensed shop within the local area o the Gram 


(2) When a resolution has been passed under sub-section (1) and is 

received in the office of the Excise and Taxation Commissioner, 

Haryana, on or before the 31st day of October, it shall take effect from 

the 1st day of April of the year next after such resolution.

(3) Notwithstanding anything contained in the Punjab Excise Act,  

1914 (Punjab Act 1 of 114) or any other Act for the time being in force 

and the rules made there under with regard to the powers and functions 

of the Collector under the said Act, such a resolution will be binding 

upon the Excise and Taxation Commissioner:

Provided that if the Excise and Taxation Commissioner is of the

opinion for reasons to be recorded in writing that within such local area 

illicit distillation or smuggling of alcohal has been carried on or 

connived at, within two years preceding the date of the passing of such 

resolution in such local area, such resolution shall not be binding upon.

with regards,

Kamal Anand

Club Road

Sangrur 148001


Contact 94172-38325



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