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TypeBare Act JurisdictionWest Bengal Government

Bengal Excise Act, 1909

Complete Act - all sections

~7 min read
https://sooperkanoon.com/act/137505

Bare act · Research

About this act

Bengal Excise Act, 1909 is West Bengal state legislation published on SooperKanoon in full. Use this page to read the bare act and jump to judgments that cite it.

Research copy - verify against official government publications before filing or court use.

Act Text

Preamble1 - Bengal Excise Act, 1909
Section1 - Short title, extent and commencement
Section2 - Definitions In this Act, unless there is anything repugnant in the subject or context,
Section7 - ;
Section3 - Provision supplemental to the definition of "intoxicating drug Rep. by Act 2 of 1930
Section4 - Power to declare what shall be deemed to be "country liquor" and "foreign liquor", respectively The 3737. Words subs
Section5 - Definition of retail and wholesale
Section6 - Saving of certain Acts
Section8 - Control, appeal and revision 5555. Words ins. by W.B. Act 5 of 1997
Section8A - Correction of errors 5656. Words ins. by W.B. Act 34 of 1965. Clerical or arithmetical errors in any order passed under
Chapter3 - Import, Export and Transport
Section9 - Restrictions on import
Section10 - Restriction on export or transport 6363. Words and fugures subs. for the words and figures "section 156 of the Code of
Section11 - Power to prohibit import, export or transport The 63a63a. Words subs. by the Government of India
Section12 - Passes for import, export or transport
Chapter4 - Manufacture, Possession and Sale
Section13 - License required for manufacture
Section14 - Drawing of possession of tari in notified areas 7474. Words and figures subs. for the words and figures "the Code of
Section15 - Establishment of distilleries, breweries or warehouses
Section38 - has not been paid, may be deposited or kept] ; and
Section16 - License required for depositing or keeping intoxicant in warehouse or other place of storage No person shall, except
Section17 - Payment of duty on removal from distillery, brewery, warehouse or other place of storage No 7676. Words subs. for the
Section18 - Possession of intoxicants not obtained form a licensed vendor
Section78 - renumbered as sub-section
Section19 - Possession of intoxicants generally
Section79 - subs. by W. B. Act 34 of 1965. Previous
Section85 - otherwise provide, sub-seciton
Section82 - subs. by W. B. Act 38 of 1983. Previous
Section20 - License required for sale No 9191
Section21 - Manufacture and sale of liquor in or near cantonments Within the limits of any military cantonment, and within such
Section22 - Grant of exclusive privilege of manufacture and sale of country liquor or intoxicating drugs
Section23 - Transfer of exclusive privilege
Section24 - Maintenance and use of measures, weights and instruments by licensed manufacturers and vendors Every person who
Section25 - Employment of children or women by licensed vendors
Section26 - Power to close shops temporarily
Chapter5 - Duty
Section27 - Power to impose duty on import, export, transport and manufacture
Section28 - Ways of levying such duty. Subject to any rules made under
Section29 - Payment for grant of exclusive privilege Instead of, or in addition to, any duty leviable under this Act, the 27a27a
Section29A - Saving for duties being levied at commencement of the Constitution 2828. Words and figures subs. for the words and
Chapter6 - Licenses, Permits and Passes
Section30 - Selection of new sites for grant of licenses 3333. Clause
Section31 - Grant of licenses at existing sites 3333. Clause
Section32 - Time for preparation and publication of such list Omitted by W.B. Act 4 of 1993
Section33 - Submission of objections and opinions to Collector Omitted by W.B. Act 4 of 1993
Section34 - Grant of licenses by Collector, and submission of list,objections and opinions to Excise Commissioner Omitted by
Section35 - Finality of decision of Excise Commissioner or State Government Omitted by W.B. Act 4 of 1993
Section35A - Definition Omitted by W.B. Act 4 of 1993
Section37 - Exemption of certain licenses from
Section36 - Words subs. for the words "Excise. Police, Salt, Customs. Opium" by Ben. Act 1 of 1939. Notwithstanding anything
Section37A - Selection of persons to whom licenses may be granted 3737. Words subs. by the Governmnt of India
Section39 - Continuance of licenses granted tinder former law Rep. by Ben. Act 7 of 1914
Section40 - Counterpart agreement by license, and security or deposit Any authority granting a license under this Act may require
Section41 - Technical defects, irregularities and omissions
Section42 - Power to cancel or suspend license, permit or pass
Section43 - Power to withdraw license, etc 5050. Words ins. by Ben. Act 7 of 1914
Section44 - Surrender of license 5151. Words ins. by W.B. Act 34 of 1965
Section44A - Bar to right of renewal and to compensation 5454. Word subs. for the words "excisable article" by the Government of
Section45 - Power of Collector to take grants under management, or to transfer them CHAPTER 8 Offences and Penalties
Chapter7 - Departmental Management or Transfer Section 45 Power of Collector to take grants under management, or to transfer them C
Section46 - Penalty for unlawful import, export, transport, manufacture etc. of intoxicant other than spirit or intoxicating drug
Section46A - Penalty for unlawful manufacture of spirit or transport etc. of intoxicating drug, cultivation of hemp, use and
Section46B - Offences by companies 7373. Sub-section
Section47 - Presumption as to offence where possession is not satisfactorily accounted for In prosecutions under 7474. Words and
Section48 - Penalty for altering or attempting to alter denatured spirit 7777. Words, figures and brackets ins. by by W. B. Act 34
Section48A - Presumption as to offence under
Section86 - for denaturing spirit, has been derived from denatured spirit by alteration.]
Section49 - Penalty for adulteration by licensed manufacturer or vendor or his servant If any licensed manufacturer or licensed
Section50 - Penalty for fraud by licensed manufacturer or vendor or his servant If any licensed manufacturer or licensed vendor, or
Section51 - Penalty for certain unlawful acts of licensed vendors or their servants
Section52 - Penalty for possession of intoxicant in respect of which an offence has been committed If any person, without lawful
Section53 - Penalty for consumption in chemist's shop, etc
Section54 - Penalty for failing to produce license etc. by licensee or his servants 11. Word subs. for the words "excisable
Section54A - Penalty for contravention of sections 85 and 86 and conditions of licence, etc 11. Word subs. for the words "excisable
Section55 - Import, export, transport, manufacture, sale or possession by one person on account of another
Section56 - Criminal liability of licensee for acts of servant When any offence punishable under 66. Word, figure and brackets
Section58 - Penalty on Excise Officer making vexatious search, seizure, detention or arrest, or refusing duty, or being guilty of
Section59 - Penalty for offences not otherwise punishable If any person is convicted of any act in contravention of any of the
Section60 - Penalty for contempt of Court Every proceeding under this Act before a Collector, or before any officer, of such rank
Section61 - Penalty for attempt to commit offence Whoever attempts to commit any offence punishable under this Act shall be liable
Section62 - Enhanced punishment after previous conviction 1616. Words subs. for the words "other disposal" by W.B. Act 34 of 1965
Section63 - What things are liable to confiscation
Section64 - Confiscation by Magistrate or Collector
Section65 - Power to compound offences and to release property liable to confiscation
Section66 - Power to enter and inspect, and power to test and seize,measures, etc Any of the following officers, namely,
Section67 - Power to arrest without warrant to seize articles liable to confiscation, and to make searches Any of the following
Section68 - Power to issue warrant of arrest The Collector, 3939. Words ins. by Ben. Act 7 of 1914. [or any Magistrate empowered to
Section69 - Power to issue search warrant If any Collector, or 4040. Words subs. for the word "Magistrate" by Ben. Act 7 of 1914
Section69A - Power of Collector or Magistrate to arrest or search without issuing a warrant 4646. Sec. 69A ins. by Ben. Act 7 of
Section70 - Power of Excise Officer to search without a warrant Whenever 4747. Words "a Collector or" om. by Ben. Act 7 of 1914
Section71 - Information and aid to Excise Officers
Section72 - Duty of owners and occupiers of land and other persons to give notice of unlicensed manufacture Whenever any 5454. Word
Section73 - Power to Collector and certain Excise Officers to investigate offences
Section74 - Powers and duties of Collector and certain Excise Officers investigating offences
Section75 - Security and Bail
Section76 - Production of articles seized and persons arrested
Section77 - Custody by Police of articles seized
Section80 - Maximum period of detention
Section81 - Application of certain provisions of the Code of Criminal Procedure, 1898
Section84 - Bar to transfer of trial on application of accused Theprovisions of 9595. Words and figures subs. for the words and
Section87 - Powers of Board exercisable from time to time Rep. by Ben.Act 7 of 1914
Section88 - Publication and effect of rules and notifications All rules made, and notifications issued, under this Act shall be
Section89 - Recovery of dues
Section90 - Power of State Government to exempt intoxicants from provisions of Act The 2121. Words subs. by the Government of India
Section91 - Bar to certain suits No suit shall lie in any Civil Court against the 2121. Words subs. by the Government of India
Section92 - Limitation of suits and prosecutions 2525. Sec. 92 renumbered as sub-sec
Section92A - Bar to application of
Section93 - Repeal Rep. by Ben. Act 1 of 1939. SCHEDULE 1 Rep SCHEDULE by Ben. Act 1 of 1939. West Bengal State Acts
Schedule1 - Rep SCHEDULE by Ben. Act 1 of 1939. West Bengal State Acts

Frequently asked questions

What is the Bengal Excise Act, 1909?

The Bengal Excise Act, 1909, is West Bengal state legislation available in full text on SooperKanoon. It is commonly used for legal research alongside judgments that interpret and apply its provisions.

How can I find court judgments citing the Bengal Excise Act, 1909?

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