Act Text
Chapter1 - PRELIMINARY
Section1 - Short title, extent and commencement
Section2 - Definitions :– In this Act, unless the context otherwise requires,–
Section3 - Powers to declare what shall be deemed to be country liquor, foreign liquor and India made foreign liquor respectively
Section4 - Declaration of quantity for retail and wholesale – The State Government may, by notification declare, with respect
Section5 - Appointment, powers and functions of Excise, Commissioner, delegations and withdrawal of powers :–
Section6 - Control, appeal and revision :–
Section7 - Restrictions on import :–
Section8 - Restrictions on export or transport :– No intoxicant shall be exported or transported unless the duty, if any, payable
Section9 - Power to prohibit import, export or transport :– The State Government may, by notification,–
Section10 - Passes for import, export and transport :–
Section11 - Licence required for manufacture :–
Section12 - Drawing of tari in notified areas :– Notwithstanding anything contained in the proviso to Section 11,–
Section13 - Establishment of distilleries, breweries or warehouses :–
Section14 - Licence required for depositing or keeping intoxicant in warehouse or other place of storage :– No person shall, except
Section15 - Payment of duty on removal from distillery, brewery, warehouse or other place of storage :– No intoxicant shall be
Section16 - Possession of intoxicant not obtained from a licensed vender :–
Section17 - Possession of intoxicant generally :–
Section18 - Licence required for sale :–
Section19 - Wholesale trade in foreign liquor, India made foreign liquor and country liquor :–
Section20 - Grant of exclusive privilage of manufacture and sale of foreign liquor, India made foreign liquor and country liquor or
Section21 - Exemption. in certain cases :– Notwithstanding anything contained in this Act, except the provisions of Section 27, it
Section22 - Transfer of exclusive privilege :–
Section23 - Maintenance and use of measures, weights and instruments by licensed manufacturers and venders :– Every person who
Section24 - Prohibitions of advertisement, etc.:–
Section25 - Employment of children or women by licensed venders :–
Section26 - Powers to close shops temporarily :–
Section27 - Restriction on grant of licence or exclusive privilege :–
Section28 - Nature and components of excise revenue :– Excise duty and fees shall be levied and recovered under the following
Section29 - Excise duty and countervailing duty :–
Section30 - Declaration of ex-factory and maximum retail price :– Ex-factory price and Maximum Retail Price shall be declared by
Section31 - Recovery of excise duties and levies and lien on the property of defaulter :–
Section32 - Excise revenue to be paid irrespective of pendency of any writ petition, suit, etc.:– Notwithstanding that a writ
Section33 - Accounts and returns :– Every licensee shall maintain such accounts and
Section34 - Luxury tax :– A luxury tax on the sale of foreign liquor may be imposed either generally or in respect of any local
Section35 - Payment for grant of privilege :– The State Government may, in addition to duty levied under this Act, accept payment
Section36 - Regulation and levy on other goods unfit for human consumption :– The State Government shall be competent to regulate
Section37 - Preparation of list of places of which it is proposed to grant licences for the retail sale of spirit :– Before the
Section38 - Publication of such list :– The Collector shall–
Section39 - Time for preparation and publication of such list :– The list mentioned in
Section40 - Submission of objections and suggestions to Collector :– Objections and suggestions to any proposal contained in any
Section41 - Grant of licences by Collector and submission of list, objections and suggestions to Excise Commissioner :–
Section42 - Decision of Excise Commissioner :–
Section43 - Application of Sections 37 to 42 to licences for retail sale of intoxicants other than spirit :– The provisions of
Section44 - Exemptions of certain licences from Sections 37 to 43 :– Section 37 to 43 shall not apply in the case of any licence,
Section45 - Fees for terms and conditions and duration of licences, permits and passes :–
Section46 - Counterpart agreement by licensee, or exclusive privilege and security or deposit :–
Section47 - Power to cancel or suspend licence, permit or pass :–
Section48 - Power to withdraw licences :–
Section49 - Surrender of licences :– Any holder of a licence or exclusive privilege granted under this Act to manufacture and sell
Section50 - Bar of right to renewal and to compensation :– No person to whom any licence or exclusive privilege has been granted
Section51 - Departmental management or transfer :–
Section52 - Penalty for un-lawful import, export, transport, manufacture, possession, sale, etc.:– Whoever in contravention of any
Section53 - Presumption as to possession of intoxicant by the accused :– In an offence under, Section 52 of this Act, if it is
Section54 - Penalty for contravention of Section 24 :– Whoever contravenes the provisions of Section 24 shall, on conviction, be
Section55 - Penalty for altering or attempting to alter any denatured spirit, etc.:– Whoever–
Section56 - Presumption as to offence under Section 55 in cerrtain cases :– In prosecutions under Section 55 when the accused
Section57 - Presumption as to any spirit being or containing or having been derived from denatured spirit :– In any prosecution
Section58 - Penalty for adulteration by licenced manufacturer or vender or his servant :– If any licensed manufacturer or licensed
Section59 - Penalty for mixing noxious substance with liquor :– Whoever mixes or permits to be mixed with any liquor sold or
Section60 - Penalty for fraud by licensed manufacturer or vender or his servant :– If any licensed manufacturer or licensed vender,
Section61 - Penalty for certain unlawful acts of licensed venders or their servants :–
Section62 - Penalty for possession of intoxicant in respect of which an offence has been comitted :–
Section63 - Penalty for consumption in chemist's shop, etc.:–
Section64 - Penalty for certain acts by licensee or his servant :– If any holder of a licence, permit or pass granted under this
Section65 - Import, export, transport, manufacture, sale or possession by one person on account of another
Section66 - Criminal liability of licensee for acts of servants :- When any offence, punishable under Section 52, 58, 60, 61,62 or
Section67 - Penalty on Excise Officer making vexatious search seizure, detention or arrest and refusing to do duty
Section68 - Penalty for offences not otherwise punishable :– Any person who commits any act in contravention of any of the
Section69 - Penalty for abetment and attempt to commit offence :– Whoever abets or attempts to commit any offence punishable under
Section70 - Enhanced punishment after previous conviction :– If any person, having been previously convicted of an offence
Section71 - Seizure of property liable to confiscation :–
Section72 - Bar of other proceedings during pendency of confiscation proceedings :– Notwithstanding anything contained in the Code
Section73 - Result of criminal proceeding not to affect the order of confiscation :–
Section74 - Property when to vest in the State Government :– When an order for the confiscation of any property passed under
Section75 - Compounding of offences and releasing property liable to confiscation :–
Section76 - Power to enter and inspect and power to test and seize measures, etc.:– The Excise Commissioner or the Collector or any
Section77 - Power to arrest without warrant, to seize articles liable to confiscation, and to make searches :– Any Excise Officer
Section78 - Power of Court to issue warrant of arrest :– Any Judicial Magistrate of the first class, or any Special Court
Section79 - Power to search :–
Section80 - Power to prevent commission of offence :– Every Excise Officer shall prevent and may interpose for the purpose of
Section81 - Landholders, Officers and other to give information :–
Section82 - Excise Stations :–
Section83 - Powers of Excise Officers to investigate offences :–
Section84 - Powers and duties of Excise Officers investigating offences :–
Section85 - Provisions as to bail in offences other than non- bailable offence :–
Section86 - Report of arrests, seizures and searches :– When any Excise Officer below the rank of an Officer in Charge of an Excise
Section87 - Establishment of special Courts for trial of offences :–
Section88 - Application of certain provisions of the Code of Criminal Procedure, 1973 and the Indian Evidence Act, 1872 :–
Section89 - Compensation to the victims consuming spurious liquor, etc. :– Whoever, in contravention of the provisions of this Act
Section90 - Power to make rules :–
Section91 - Publication and effect of rules and notifications :– All rules made and notifications issued under this Act shall be
Section92 - Power of the State Government to declare what shall be deemed to be liquor :–The State Government may by notification
Section93 - Power of the State Government to regulate consumption and to enforce prohibition :– The State Government may issue such
Section94 - Power of the State Government to regulate molasses, black jaggery, mohua flower, etc. and to enforce prohibition :– The
Section95 - Recovery of dues :–
Section96 - Power of State Government to exempt intoxicants from provisions of this Act :– The State Government may, by
Section98 - Certain proceedings under the Act to be judicial proceedings :– Every proceeding under this Act, before
Section99 - Forfeiture of illegally acquired properties :–
Section100 - Competent Authority for forfeiture of illegally acquired property :- The Presiding Officer of every Special Court
Section101 - Submission of details of property for forfeiture :–
Section102 - Issue of notice to persons likely to be affected :– The Competent Authority may, on receipt of application for
Section103 - Findings of the Competent Authority :– The Competent Authority may, after considering the reply, if any, to the notice
Section104 - Forfeiture of illegally acquired property to State :– Where the Competent Authority records a finding under Section 103
Section105 - Burden of proof to lie on the persons affected :– For the purpose of prceedings under this Chapter the burden of
Section106 - Fine in lieu of forfeiture :–
Section107 - Appeal on the orders of Competent Authority :– Any person aggrieved by an order of the Competent Authority may, within
Section108 - Bar of suits and prosecution against the State and Officers :– No suit,prosecution or other legal proceedings shall lie
Section109 - Repeal and savings :–
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