Days before the introduction of the Bill seeking to amend the Bihar Excise and Prohibition Act, 2016, Chief Minister Nitish Kumar asserted that he would not compromise with the prohibition policy. “I am ready to make any sacrifice for this social reform,” he told his party legislators on Saturday.
About the amendments, likely to be introduced in the legislature on Monday, Nitish said some changes are being made with the consultations of the legal experts. Warning those who are opposed to the total prohibition policy he said, “Opposing this policy will be suicidal. We took this decision in the larger interest of the society and for social reform. We will not succumb before them, come what may.”
The proposed amendments have struck down the collective fine on village or settlement where illicit liquor is found manufactured. Those caught drinking first time will be let free after paying a fine of Rs 50,000 or three months jail if not paying fine. Earlier the Act provided jail term of five years and fine of Rs 5 lakh. But a second time offence will attract a jail term of no less than one year and fine up to Rs 5 lakh. The offence will be bailable. The amendments will be applicable on all the pending cases.
Sources said altogether 16 amendments have been proposed and punishments relaxed or minimised and five sections have been deleted from the Act. The section 32 of the Act had provided arrest and FIR against all members of the family above 18 of the house or premises where liquor is found or consumed but it has been amended by deleting the word arrest of all members of the family. Sections 35, 38, 53, 64 and 66 are being deleted which dealt with selling liquor by changing its wrappers and bottles, not informing police about the presence of liquor in own house or premise, collective fine and externment of habitual offenders.
The Act had provision of life term and Rs 10 lakh fine for illicit manufacturing, import and supply, transportation, sale and purchase which has been relaxed. Caught the first time for these offences the fine will be Rs 1 lakh and jail term of five years but the second time offender will be punished with ten years imprisonment, which could be extended to life term, and Rs 5 lakh fine.
Under section 2 of the Act there had been provision of the seizure of land, house, shop, hotel, restaurant and bar where liquor was consumed or the consignment was seized. But the term property has been amended with seizure of only movable assets including vehicles.
The CM said the total prohibition will remained enforced strictly but amendments were being made to help the innocent people.