Bihar Excise Act, 1915

{
    "id": 15300,
    "slug": "bihar-excise-act-1915",
    "title": "Bihar Excise Act, 1915",
    "short_title": "Bihar Excise Act, 1915",
    "act_number": "(Bihar and Orissa Act 2 of 1915)",
    "act_year": 1915,
    "act_type": "STATE",
    "location": "Bihar",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "Bihar Excise Act, 1915",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title, extent and commencement.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Definitions.",
            "chapter": null,
            "content": "(1) \"beer\" includes ale, stout, porter and all other fermented liquor made from malt;\n(2) \"Board\" means the Board of Revenue;\n(3) \"to bottle\" means to transfer liquor from a cask or other vessel to a bottle or other receptacle for the purpose of sale, whether any process of rectification be employed or not; and includes re-bottling;\n(4) [* * *]\n(5) (a) \"denaturant\" means any substance prescribed by rule made in this behalf under clause (3) of Section 90, for admixture with spirit in order to render the mixture unfit for human consumption, whether as a beverage, or internally as a medicine, or any other way whatsoever;\n(b) \"to denature\" means to mix spirit with one or more denaturants in such manner as may be prescribed by rule made in this behalf under clause (3) of Section 90, and \"denatured spirit\" means spirit so mixed;\n(6) \"excisable article\" means-\n(a) any alcoholic liquor for human consumption; or\n(b) any intoxicating drug;\n(6a) \"excise duty\" and \"countervailing duty\" means any such excise duty, or countervailing duty, as the case may be, as is mentioned in Entry 51 of List II in the Seventh Schedule to the Constitution;\n(7) \"Excise Commissioner\" means the officer appointed under Section 7, clause (a);\n(8) \"Excise Officer\" means the Collector or any officer or other person appointed or invested with powers under Section 7;\n(9) \"Excise-revenue\" means revenue derived or derivable from any duty, fee, tax, payment (other than a fine imposed by a Criminal Court) or confiscation imposed or ordered under this Act or any other law for the time being in force relating to liquor or intoxicating drugs;\n(10) \"export\" means to take out of the State otherwise than across a customs frontier as defined by the Central Government;\n[(11) \"hemp plant\" means the plant cannabis sativa ;]\n(12) \"import\" except the phrase \"import into India\" means to bring into the State otherwise than across a customs frontier as defined by Central Government;\n(12a) \"intoxicant\" means-\n(i) any liquor, or\n(ii) any substance from which liquor may be distilled and which is declared by the State Government by notification in the Official Gazette to be intoxicant for the purpose of this Act, or\n(iii) intoxicating drug, or]\n(iv) medicinal preparation as defined under the Medicinal and Toilet Preparations (Excise Duties) Act, 1955.\n(13) \"intoxicating drug\" means-\n(i) the leaves, small stalks and flowering or fruiting tops of the Indian hemp plant (Cannabis Sativa L.) including all forms known as bhang , siddhi or ganja ;\n(ii) charas , that is, the resin obtained from the hemp plant, which has not been submitted to any manipulations other than those necessary for packing and transport;\n(iii) any mixture, with or without neutral materials, of any of the above forms of intoxicating drug, or any drink prepared therefrom; and\n(iv) any other intoxicating or narcotic substance which the State Government may, by notification, declare to be an intoxicating drug, such substance not being opium, coca leaf, or a manufactured drug, as defined in Section 2 of the Dangerous Drugs Act, 1930 (2 of 1930);\n(14) \"Liquor\" includes all liquids consisting of or containing alcohol, such as spirits of wine, spirit, wine, fermented tari , pachwai and bear, and also unfermented tari , and also any other substance which the State Government may, by notification, declare to be liquor for the purposes of this Act;\n(15) \"manufacture\" includes-\n(i) every process, whether natural or artificial, by which any intoxicant is produced or prepared including the tapping of fan-producing trees and the drawing of far/from trees),\n(ii) redistillation, and\n(iii) every process for the rectification, flavouring, blending, or colouring of liquor, or for the reduction of liquor for sale;\n(16) \"pachwai\" means fermented rice, millet or other grain-whether mixed with any liquid or not, and any liquid obtained therefrom, whether diluted or undiluted; but does not include beer;\n(17) \"place\" includes building, house, shop, boat, vessel, raft, vehicle or tent;\n[(17A) Public Place means any place to which public have access, whether as a matter of right or not and includes all places visited by general public and also includes any open space.]\n(18) expressions referring to \"sale\" include any transfer otherwise than by way of gift;\n(19) \"spirit\" means any liquor containing alcohol obtained by distillation, whether it is denatured or not;\n(20) \" tari \" means fermented or unfermented juice drawn from coconut, palmyra, date or other kind of palm tree; and\n(21) \"transport\" means to remove from one place to another within the State of Bihar and Orissa.\n[(22) Unauthorized Places means those places which are public places and where consumption of liquor is not allowed except under a valid license or permit.]\n3.",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "4",
            "title": "4. Power to declare what shall be deemed to be \"country liquor\" and \"Foreign liquor\" respectively.",
            "chapter": null,
            "content": "[4A. Power to declare intoxicant.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "5",
            "title": "5. Definition of retail and wholesale.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": true,
            "sort_order": 3
        },
        {
            "number": "6",
            "title": "6. Saving of certain Acts.",
            "chapter": null,
            "content": "(a) the Seas Customs Act, 1878 (18 of 1878), or\n(b) the Indian  tariff Act, 1894 (8 of 1894) (except Section 6 thereof), or\n(c) the Cantonments Act, 1910, (15 of 1910).\nChapter II\nEstablishments, Control, Appeal and Revision.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "7",
            "title": "7. Establishments and delegation and withdrawal of powers.",
            "chapter": null,
            "content": "(a) appoint an officer who shall, subject to such control as the State Government may direct, have the control of the administration of the Excise Department and the collection of the excise-revenue;\n(b) appoint any person to exercise all or any of the powers and to perform all or any of the duties, conferred and imposed on a Collector by or under this Act, subject to such control as the State Government may direct;\n(c) appoint officers of the Excise Department of such classes, and with such designations, powers and duties as the State Government may think fit;\n(d) order that all or any of the powers and duties assigned by or under this Act to any officer appointed under clause (c) of this section shall be exercised and performed by any Government Officer or any other person;\n(e) delegate to the Board, the Commissioner of a Division or the Excise Commissioner all or any of the powers conferred upon the State Government by or under this Act, except the power conferred by Section 89 to make rules;\n(f) withdraw from any officer or person all or any of the powers or duties conferred or imposed upon him by or under this Act; and\n(g) permit the delegation by the Board, the Commissioner of a Division, the Excise Commissioner or the Collector, to any person or classes of persons specified in such notification, of any powers conferred or duties imposed upon it or him by or under this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "8",
            "title": "8. Control, appeal and revision.",
            "chapter": null,
            "content": "Chapter III\nImport, Export and Transport",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "9",
            "title": "9. Restrictions on import.",
            "chapter": null,
            "content": "(a) the State Government has given permission, either general or special, for its import.\n(b) such conditions (if any) as the State Government may impose have been satisfied; and\n(c) the duty (if any) payable under Chapter V has been paid or a bond has been executed for the payment thereof.\n(i) the duty as aforesaid has been paid, or\n(ii) a bond has been executed for the payment of such duty.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "10",
            "title": "10. Restrictions on export or transport.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "11",
            "title": "11. Power to prohibit, import, export or transport.",
            "chapter": null,
            "content": "(a) prohibit the import or export of any intoxicant into or from the State or any part thereof, or\n(b) prohibit, the transport of any intoxicant.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "12",
            "title": "12. Passes for import, export or transport.",
            "chapter": null,
            "content": "Chapter IV\nManufacture, Possession and Sale",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "13",
            "title": "13. Licence required for manufacture.",
            "chapter": null,
            "content": "(b) no hemp plant shall be cultivated,\n(c) no portion of the hemp plant from which an intoxicating drug can be manufactured or produced shall be collected,\n(d) no liquor shall be bottled for sale,\n(e) no distillery or brewery shall be worked, and\n(f) no person shall use, keep or have in his possession any materials, still, utensil, implement or apparatus whatsoever for the purpose of manufacturing any intoxicant other than tari ,\n(i) for the purpose of being used in the manufacture of gur or molasses, or\n(ii) for the purpose of being used solely for the preparation of food for domestic consumption and not-\n(a) as an intoxicant, or\n(b) for the preparation of any intoxicating article for sale , or\n(c) for the preparation of any article for sale, or\n(iii) up to a limit of four seers, for the domestic consumption of the said person. ,",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "14",
            "title": "14. Drawing of tari in notified areas.",
            "chapter": null,
            "content": "(a) no tari producing tree shall be tapped, and\n(b) no tari shall be drawn from any tree, in any local area specified in this behalf by the State Government by a notification, except under the authority and subject to the terms and conditions of a licence granted in that behalf by the Collector:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "15",
            "title": "15. Establishment of distilleries, breweries or warehouses.",
            "chapter": null,
            "content": "(a) subject to any restrictions imposed by the State Government, establish, or authorize the establishment of, distilleries or breweries, in which liquor may be manufactured under a licence granted under Section 13;\n(b) discontinue any such distillery or brewery;\n(c) establish, or authorize the establishment of, warehouses, wherein any intoxicant may be deposited and kept without payment of duty; and\n(d) discontinue any such warehouse.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "16",
            "title": "16. Licence required for depositing or keeping intoxicant in warehouse or other place of storage.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "17",
            "title": "17. Payment of duty on removal from distillery, brewery, warehouse or other place of storage.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "18",
            "title": "18. Possession of intoxicants not obtained from a licensed vendor.",
            "chapter": null,
            "content": "(a) any intoxicant lawfully deposited or kept in a distillery, brewery, warehouse or other place of storage licensed, established, authorised or continued under this Act,\n(b) any intoxicant lawfully in the possession of a licensed vendor of the same, or\n(c) any intoxicant in the possession of a person who has lawfully imported it, or who is authorised by the Collector to possess it, or\n(d) any foreign liquor in the possession of any common carrier or warehouseman as such, or purchased at sale authorised by clause (a) of proviso (4) to Section 20, or\n(e) tari intended to be used in the manufacture of gur or molasses, or\n(f) tari intended to be used solely for the preparation of food for domestic consumption and not-\n(i) as an intoxicant, or\n(ii) for the preparation of any intoxicating article, or\n(iii) for the preparation of any article for sale, or\n(g) tari intended to be used in the manufacture of bread by a person holding a permit to use tari for that purpose, or\n(h) tari , up to limit of four seers, when in the possession of the person possessing the tree from which it was drawn and intended to be used for his domestic consumption, or\n(i) intoxicating drugs in the possession of any person licensed to cultivate or collect the plants from which such drugs were produced, when such possession is in accordance with the conditions of his licence.\n19. [Possession and consumption of intoxicants generally.]\n(a) any foreign liquor (other than denatured spirit) which is in the possession of any common carrier or warehouseman as such or\n[***]\n(c) tari intended to be used in the manufacture of gur or molasses,\n(d) tari intended to be used solely for the preparation of food for domestic consumption and not-\n(i) as an intoxicant, or\n(ii) for the preparation of any intoxicating article, or\n(iii) for the preparation of any article for sale.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "20",
            "title": "20. Licence required for sale.",
            "chapter": null,
            "content": "(1) a licence for sale in more than one district shall be granted only by the Excise Commissioner or by a Collector specially authorised in that behalf by the Excise Commissioner.\n(2) a licence for sale granted under the Excise law in force in any other State may, on such conditions as may be determined by the Excise Commissioner, be deemed to be a licence granted under this Act.\n(3) a cultivator or owner of any hemp plant may sell, without a licence, those portions of the plant from which an intoxicating drug can be manufactured or produced to any person licenced under this Act to deal in the same or to any officer whom the Excise Commissioner may authorise to purchase or receive the same.\n(4) No licence shall be required for any of the following sales namely:-\n(a) the sale of foreign liquor lawfully procured by any person for his private use-when such sate is made by such person himself or on his behalf upon his quitting a station, or on behalf of his representative in interest after his decease;\n(b) the sale of tari lawfully possessed by a person in possession of the tree from which it was drawn, to a person licensed under this Act to manufacture or sell tari ;\n(c) the sale of tari lawfully possessed and intended to be used in the manufacture of gur or molasses; or\n(d) the sale of tari lawfully possessed and intended to be used solely for the preparation of food for domestic consumption, and not -\n(i) as an intoxicant, or\n(ii) for the preparation of any intoxicating article, or\n(iii) for the preparation of any article for sale; or\n(e) the sale of tari lawfully possessed, intended to be used in the manufacture of bread, to a person holding a permit to use tari for the purpose of making bread.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "21",
            "title": "21. Manufacture and sale of liquor in or near cantonments.",
            "chapter": null,
            "content": "[22. Grant of exclusive privilege of manufacture and sale of country liquor or intoxicating drugs or denatured spirit or any other intoxicant.\n(a) (i) of manufacturing or supplying wholesale, or\n(ii) of manufacturing and supplying wholesale, or\n(iii) of selling wholesale or retail or\n(iv) of manufacturing or supplying wholesale and selling retail, or\n(v) of manufacturing and supplying wholesale and selling retail; any country liquor or intoxicating drug with any specified local, or\n(b) of manufacturing, storing, using, possessing, exporting, importing including wholesale or retail sale of liquor which after manufacture is denatured to render it unfit for human consumption and is thereby termed as denatured spirit, and any other intoxicant:\n[22A. The fixation of cost price of country liquor, by the State Government.\n[22B. Validating of cost price of country liquor and realisation of warehouse maintenance charges.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "22C",
            "title": "22C. Overriding effect of the Act.",
            "chapter": null,
            "content": "[\"22D. Grant of exclusive/special privilege for bottling/sacheting and wholesale supply of country liquor.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "22E",
            "title": "22E. Validating of Licence Fee.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "22F",
            "title": "22F. Overriding effect of the Ordinance.",
            "chapter": null,
            "content": "[\"22G. Grant of exclusive/special privilege of manufacture and/or wholesale supply of spiced country liquor.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "23",
            "title": "23. Transfer of exclusive privilege.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "24",
            "title": "24. Maintenance and use of measures, weights and instruments by licensed manufacturers and vendors.",
            "chapter": null,
            "content": "(a) shall supply himself with such measures, weights and instruments as the Excise Commissioner may prescribe, and shall keep the same in good condition; and\n(b) when such measures, weights and instruments have been so prescribed, shall, on the requisition of any Excise Officer duly empowered by the Collector in this behalf, measure, weight or test any intoxicant in his possession, at such time and in such manner as such Officer may require.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        },
        {
            "number": "25",
            "title": "25. Employment of persons under the age of [twentyone] years or women by licensed vendors.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 24
        },
        {
            "number": "26",
            "title": "26. Power to close shops temporarily.",
            "chapter": null,
            "content": "Chapter V\nDuty",
            "footnote": "",
            "is_definition": false,
            "sort_order": 25
        },
        {
            "number": "27",
            "title": "27. Power to impose duty on import, export, transport and manufacture.",
            "chapter": null,
            "content": "(a) any excisable article imported, or\n(b) any excisable article exported, or\n(c) any excisable article transported, or\n(d) any excisable article (other than tan) manufactured under any licence granted in respect of clause (a) of Section 13, or\n(e) any hemp plant cultivated, or any portion of such plant collected, under any licence granted in respect of clause (b) or clause (c) of Section 13, or\n(f) any excisable article manufactured in any distillery or brewery licensed, established, authorised or continued under this Act.\nExplanation.\n(i) duty shall not be imposed thereunder on any article which has been imported into India and was liable, on such importation, to duty under the Indian tariff Act, 1894 (8 of 1894), or the Sea Customs Act, 1878 (8 of 1878) if-\n(a) the duty as aforesaid has been already paid, or\n(b) a bond has been executed for the payment of such duty.\n(ii) [Omitted by A.L.O.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 26
        },
        {
            "number": "28",
            "title": "28. Ways of levying such duty.",
            "chapter": null,
            "content": "(a) on an excisable article imported-\n(i) by payment (upon or before importation) in the State or territory from which the article is brought, or\n(ii) by payment upon issue for sale from a warehouse established, authorised or continued under this Act,\n(b) on an excisable article exported-\n(c) on an excisable article transported -\n(i) by payment in the district from which the article is sent, or\n(ii) by payment upon issue for sale from a warehouse established, authorised or continued under this Act.\n(d) on intoxicating drugs manufactured, cultivated or collected -\n(i) by a rate charged upon the quantity manufactured under a licence granted in respect of the provisions of Section 13, clause (a), or issued for sale from a warehouse established, authorised or continued under this Act, or\n(ii) by a rate assessed on the area covered by, or on the quantity or out turn of, the crop cultivated or collected under a licence granted in respect of the provision of Section 13, clause (b) or clause (c);\n(e) on spirit or beer manufactured in any distillery or brewery licensed, established, authorised or continued under this Act.-\n(i) by a rate charged upon the quantity produced in or issued from the distillery or brewery, as the case may be, or issued for sale from a Warehouse established, authorised or continued under this Act, or\n(ii) in accordance with such scale of equivalents, calculated on the quantity of materials used, or by the degree of attenuation of the wash or wort, as the case may be, as the State Government may prescribe; and\n(f) on tari drawn under a licence granted under Section 14, sub-section (1)-by a tax on each tree from which the drawing of tari is permitted:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 27
        },
        {
            "number": "29",
            "title": "29. Payment for grant of exclusive privilege.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 28
        },
        {
            "number": "29A",
            "title": "29A. Saving for duties being levied at commencement of the Constitution.",
            "chapter": null,
            "content": "(a) any duty on intoxicants which are not excisable articles within the meaning of this Act;\n(b) any duty on an excisable article produced outside India and imported into the State whether across a customs frontier as defined by the Central Government or not;\n(c) any duty on medicinal or toilet preparations of the alcohol.\nChapter VI\nLicences, Permits and Passes",
            "footnote": "",
            "is_definition": false,
            "sort_order": 29
        },
        {
            "number": "30",
            "title": "30. Preparation of list of places for which it is proposed to grant licences for the retail sale of spirit.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 30
        },
        {
            "number": "31",
            "title": "31. Publication of such list.",
            "chapter": null,
            "content": "(a) cause to be conspicuously affixed upon the site of each shop referred to in the said list a notice to the effect that it is proposed to grant a licence for the retail sale of spirit or tari thereat, or in the vicinity, for the next period of settlement;\n(b) if any site referred to in the said list is not at the time used for the retail sale of spirit or tari , cause a notice to the effect that it is proposed to grant a licence for the retail sale of spirit or far/thereat, or in the vicinity for the next period of settlement, to be proclaimed in the locality by beat of drum;\n(c) send a copy of the said list to the Chairman of the District Board;\n(d) send to the Chairman of each municipality [and Mayor of a Corporation] an extract reproducing so much of the said list as relates to shops in the municipality [and municipal corporation] ;\n(e) cause the said list, or any portion thereof, to be published in such other methods (if any) as may be prescribed by rule made under Section 89, clause (j).\n(i) cause a copy of the extract to be conspicuously affixed at the central office of the municipality; and\n(ii) send to each Municipal Commissioner a copy of the extract.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 31
        },
        {
            "number": "32",
            "title": "32. Time for preparation and publication of such list.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 32
        },
        {
            "number": "33",
            "title": "33. Submission of objections and opinions to Collector.",
            "chapter": null,
            "content": "(a) persons paying municipal rates and residing in any municipality [or Corporation] to which such proposal relates, or (if any such municipality [or Corporation] is divided into wards) in the ward to which such proposal relates or in any ward adjoining such ward; or\n(b) in the case of shops not situated in any municipality [or Corporation] persons owning or occupying land, or residing, in the vicinity of the shop to which such proposal relates; or\n(c) the District Board; or\n(d) the District Magistrate.\n(i) in a case of a municipality [or Mayor as the case may be] , all objections (if any) to proposals contained in the extract which may be received by the Chairman, from persons paying municipal rates, before that date; and\n(ii) in the case of a district board, all objections (if any) to proposals contained in the list which may be received by the Chairman from members of the district board, the Chairman of any local board; and\n(iii) any opinion which the Chairman or the member of the district board or the Municipal Commissioner [or Councillor of a Corporation] , as the case may be, may wish to record on the said proposals.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 33
        },
        {
            "number": "34",
            "title": "34. Grant of licences by Collector and submission of list, objections and opinions to Excise Commissioner.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 34
        },
        {
            "number": "35",
            "title": "35. Finality of decision of Excise Commissioner [xxx] .",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 35
        },
        {
            "number": "36",
            "title": "36. Applications of Sections 30 to 35 to licences for retail sale of intoxicants other than spirit.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 36
        },
        {
            "number": "37",
            "title": "37. Exemption of certain licences from Sections 30 to 36.",
            "chapter": null,
            "content": "(a) to any person, for the retail sale of any intoxicant during any period not exceeding six months; or\n(b) to any person, for the retail sale of any denatured spirit; or\n(c) to any person, for the retail of any intoxicant, in substitution for a licence which has been cancelled or surrendered before the expiration of the period for which it was granted; or\n(d) to any medical practitioner chemist, druggist, apothecary or keeper of a dispensary for the retail sale of any intoxicant for medical purposes.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 37
        },
        {
            "number": "38",
            "title": "38. Fees for terms, conditions, and form of, and duration of, licences, permits and passes.",
            "chapter": null,
            "content": "(a) shall be granted-\n(i) on payment of such fees (if any), and\n(ii) subject to such restrictions and on such conditions, and\n(b) shall be in such form and contain such particulars, as the Board may direct.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 38
        },
        {
            "number": "39",
            "title": "39. Power of Board to reduce fees.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 39
        },
        {
            "number": "40",
            "title": "40. Counterpart agreement by licensee and security or deposit.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 40
        },
        {
            "number": "41",
            "title": "41. Technical defects, irregularities and omissions.",
            "chapter": null,
            "content": "42. [Power to cancel or suspend licence, permit or pass, or impose penalty] .\n(a) if it is transferred or sublet by the holder thereof without the permission of the said authority; or\n(b) if any duty or fee payable by the holder thereof be not duly paid; or\n(c) in the event of any breach by the holder thereof, or by any of his servants, or by anyone acting on his behalf with his express or implied permission, of any of the terms or conditions thereof; or\n(d) if the holder thereof is convicted of any offence punishable to revenue under this Act or any other law for the time being in force relating to revenue, or of any cognizable and non-bailable offence, or of any offence punishable under the Dangerous Drugs Act, 1930 (2 of 1930) or under the Merchandise Marks Act, 1889 (4 of 1889), or under other section which has been introduced into the Indian Penal Code by Section 3 of that Act; or\n(e) if the holder thereof is punished for any offence referred to in clause(8) of Section 167 of the Sea Customs Act, 1878 (8 of 1878); or\n(f) where a licence, permit or pass has been granted on the application of the holder of an exclusive privilege granted under Section 22-on the requisition in writing of such holder; or\n(g) if the conditions of the licence, permit or pass provide for such cancellation or suspension at will.\n[\"(h) (i) for breach of such conditions of licence, which caused loss of revenue to the State (including Excise duty, other admissible fee, Sales Tax etc.) in addition to the total amount of loss on equal amount shall be imposed as penalty.\n(ii) Penalty of two hundred per cent of loss of revenue shall be imposed for subsequent economic offence committed under clause (h) (i) of the said sub-section (i).]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 41
        },
        {
            "number": "43",
            "title": "43. Power to withdraw licences.",
            "chapter": null,
            "content": "(a) on the expiration of fifteen days' notice in writing of its intention to do so, or\n(b) forthwith, without notice.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 42
        },
        {
            "number": "44",
            "title": "44. Surrender of licence.",
            "chapter": null,
            "content": "(a) on the expiration of one month's notice in writing given by him to the Collector of his intention to surrender it, and\n(b) on payment of the fees payable for the licence for the whole period for which it would have been current but for such surrender:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 43
        },
        {
            "number": "45",
            "title": "45. Bar of right to renewal and to compensation.",
            "chapter": null,
            "content": "Chapter VII\nDepartmental Management or Transfer",
            "footnote": "",
            "is_definition": false,
            "sort_order": 44
        },
        {
            "number": "46",
            "title": "46. Power of Collector to take grants under management or to transfer them.",
            "chapter": null,
            "content": "(a) take the grant under management, at the risk and loss of the person to whom it was made; or\n(b) transfer the unexpired portion of the grant, at the risk and loss of the said person, to any other person.\nChapter VIII\nOffences and Penalties\n[47. Penalty for unlawful import, export, transport, manufacture, possession, sale, etc.\n(a) manufactures, possesses, sells, distributes, bottles, imports, exports, transports or removes any intoxicant; or\n(b) Cultivates any hemp plant; or\n(c) Constructs or establishes or works any manufactory, distillery, brewery or warehouse; or\n(d) bottles any liquor for the purpose of sale; or\n(e) uses, keeps or has in his possession any material, still, utensil, implement or apparatus, or premises, whatsoever, for the purpose of manufacturing any intoxicant ;or\n(f) possesses any material or film either with or without the State Government logo or logo of any State or wrapper or any other thing in which liquor can be packed or any apparatus or implement or machine for the purpose of packing any liquor; or\n(g) sells any intoxicant, collects, possesses or buys any intoxicant beyond the prescribed quantity; or\n(h) removes any intoxicant from any distillery, brewery, warehouse, other place of storage licensed, established, authorized or continued under this Act;\n[47A. Commission of offence by companies.\n[48. Presumption as to commission of offence in certain cases.\n[49. Penalty for rendering denatured spirit fit for human consumption.\n[50. Penalty for mixing noxious substance with liquor.\n(a) if as a result of such an act, death is caused, with death or imprisonment for life and shall also be liable to fine, which shall not be less than five lakh rupees but which may extend to ten lakh rupees;\n(b) if as a result of such an act, disability or grievous hurt is caused to any person, with rigorous imprisonment for a term which shall be not less than ten years but which may extend to imprisonment for life, and with fine which shall not be less than two lakh rupees but which may extend to ten lakh rupees;\n(c) if as a result of such an act, any other consequential injury is caused to any person, with imprisonment for a term which shall not be less than eight years but which may extend to life imprisonment and with fine, which shall not be less than one lakh rupees but which may extend to ten lakh rupees\n(d) if as a result of such an act, no injury is caused, with imprisonment which shall not be less than eight years but which may extend to ten years and fine which shall not be less than one lakh rupees but may extend to five lakh rupees.\n[51. Penalty for selling spurious liquor.\n[52. Penalty for fraud.\n(a) sells or keeps or exposes for sale, as foreign liquor, any liquor which he knows or has reason to believe to be country liquor, or\n(b) marks any bottle, case, package or other receptacle containing country liquor or the cork of any such bottle, or deals with any bottle, case, package or such other receptacle containing country liquor or deals with any bottle, case, package or other receptacle containing country liquor with the intention of causing it to be believed that such bottle, case, package or other receptacle contains foreign liquor ;\n[53. Penalty for consumption of liquor in public place.\n(a) consumes liquor in a public place or an unauthorized place; or\n(b) consumes liquor in a public place or an unauthorized place or an authorized place and creates nuisance; or\n(c) permits drunkenness or allows assembly of unsocial elements in his premises or on the premises of liquor establishment;\n(1) in case of an offence falling under clause (a), with a term which shall not be less than five years but which may extend to seven years and with fine, which shall not be less than one lakh rupees which may extend to ten lakh rupees.\n(2) In case of an offence falling under clause (b) with a term which shall not be less than seven years but which may extend to ten years and with fine, which shall not be less than one lakh rupees which may extend to ten lakh rupees,.\n(3) In case of an offence falling under clause (c), with a term which shall not be less than ten years but which may extend to imprisonment for life and with fine, which shall not be less than one lakh rupees which may extend to ten lakh rupees.]\n[54. Penalty for possession of intoxicant in respect of which an offence has been committed.\n[55. Penalty for consumption of liquor in chemist's shop.\n[56. Penalty for unlawful advertisement.\n[57. Penalty for import, export, manufacture, transports, sale or possession by one person on account of another.\n[58. Order by Collector to pay compensation.\n[59. Penalty for misconduct of licensees, etc.\n(a) Fails to produce such license or permit on demand by any excise officer or any other officer duly empowered to make such demand; or\n(b) Willfully does or omits to do anything in contravention of the conditions of his license or permit not otherwise provided in this Act; or\n(c) fails to cooperate during the inspection by any excise officer of his premises ,\n(d) Fails to submit returns.\n(1) In the case of an offence falling under clause (a), with fine which shall not be less than one lakh rupees but which may extend to ten lakh rupees.\n(2) In the case of an offence falling under clause (b), with an imprisonment for a term which shall not be less than seven years but may extend to ten years and with fine which shall not be less than one lakh rupees but which may extend to ten lakh rupees.\n(3) In the case of an offence falling under clause (c) and (d), with fine which shall not be less than one lakh rupees but which may extend to ten lakh rupees and ten thousand rupees per day for subsequent delay.]\n[60. Penalty for employing minors or women or selling liquor to minors.\n[61. Penalty for assault and obstruction.\n[62. Penalty for non-payment of duty or fee.\n[63. Penalty for allowing premises, etc., to be used for commission of an offence.\n[64. Penalty for attempt to commit an offence.\n[64A. Penalty for Contempt of Court.\n[65. Penalty on excise officer for making vexatious search, seizure, detention or arrest.\n(a) Enters or searches or causes to be entered or searched any closed place under color of exercising any power conferred by this Act;\n(b) Seizes the movable property of any person on the pretext of seizing or searching for any article liable to confiscation under this Act;\n(c) Searches, detains or arrests any person;\n(d) In any other way exceeds his lawful powers under this Act, shall be liable to imprisonment for a term which may extend to three months, or with fine which may extend to ten thousand rupees or with both.]\n[66. Penalty on excise officer refusing to do duty.\n[67. Penalty for offences not otherwise provided for.\n[67A. Enhanced punishment after previous conviction.\n[67B. Power of court to implead manufacturer, etc.\n[67C. Magistrate's power to impose enhanced penalties.\n[68. Non-compounding of offences.\n[68A. Certain things liable to confiscation.\n(a) any intoxicant, material, still, utensil, implement, apparatus in respect of or by means of which such offence has been committed;\n(b) any intoxicant unlawfully imported, transported, manufactured, sold or brought along with or in addition to, any intoxicant, liable to confiscation under clause (a);\n(c) any receptacle, package, or covering in which anything liable to confiscation under clause (a) or clause (b), is found, and the other contents, if any, of such receptacle, package or covering;\n(d) any animal, vehicle, vessel, or other conveyance used for carrying the same.\n(e) Any premises or part thereof that may have been used for committing any offence under this Act.]\n[68B. Power of Collector, etc., to order sale or destruction of articles liable to confiscation.\n[68C. Confiscation by District Collector in certain Cases.\n[68D. Order of confiscation and destruction not to interfere with other punishment.\n[68E. Bar of jurisdiction in confiscation.\n[68F. Confiscated article to be made over to the Collector.\n[68G. Premises liable to be sealed.\n[68H. Power of Collector to close places where intoxicant or hemp is sold in certain cases.\n[68I. Collective Fine.\nChapter IX\nDetection, Investigation and Trial of Offences, and Procedure",
            "footnote": "",
            "is_definition": false,
            "sort_order": 45
        },
        {
            "number": "69",
            "title": "69. Power to enter and inspect, and power to test and seize measures, etc.",
            "chapter": null,
            "content": "(a) the Excise Commissioner, or\n(b) a Collector, or\n(c) any Excise Officer not below such rank as the State Government may, by notification, prescribe, may subject to any restrictions prescribed by the State Government by rule made under Section 89,-\n(i) enter and inspect at any time by day or night, any place in which any licensed manufacturer carries on the manufacture of or stores any intoxicant; and\n(ii) enter and inspect, at any time during which the same may be open, any place in which any intoxicant is kept for sale by any licensed person; and\n(iii) examine the accounts and registers maintained in any such place as aforesaid; and\n(iv) examine, test, measure or weigh any materials, stills, utensils, implements, apparatus or intoxicant found in any such place as aforesaid; and\n(v) examine or test and seize any measures, weights or testing instruments, found in any such place as aforesaid, which he has reason to believe to be false.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 46
        },
        {
            "number": "70",
            "title": "70. Power to arrest without warrant, to seize articles liable to confiscation, and to make searches.",
            "chapter": null,
            "content": "(a) any officer of the Excise, Police, Salt, Customs or Land-revenue Department, or\n(b) any person empowered by the State Government in this behalf, by notification, may, subject to any restrictions prescribed by the State Government by rule made under Section 89-\n(i) arrest without warrant any person found committing an offence punishable under Section 47, Section 49, Section 55, or Section 56,\n(ii) seize and detain any article which he has reason to believe to be liable to confiscation under this Act or any other law for the time being in force relating to the excise-revenue ; and\n(iii) detain and search any person upon whom, and any vessel, raft, vehicle, animal, package, receptacle or covering in or upon which, he may have reasonable cause to suspect any such article to be.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 47
        },
        {
            "number": "71",
            "title": "71. Power of Collector to issue warrant of arrest.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 48
        },
        {
            "number": "72",
            "title": "72. Power to issue search warrant.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 49
        },
        {
            "number": "73",
            "title": "73. Power of Collector or Magistrate to arrest or search without issue of warrant.",
            "chapter": null,
            "content": "(a) arrest, or direct the arrest in his presence of, any person for whose arrest he is competent at the time and in the circumstances to issue a warrant under Section 71, or\n(b) search, or direct a search to be made in his presence of any place for the search of which he is competent to issue a search-warrant under Section 72.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 50
        },
        {
            "number": "74",
            "title": "74. Power to search without a warrant.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 51
        },
        {
            "number": "75",
            "title": "75. Information and aid to Excise Officers.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 52
        },
        {
            "number": "76",
            "title": "76. Duty of owners and occupiers of land and other persons to give notice of unlicensed manufacture.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 53
        },
        {
            "number": "77",
            "title": "77. What Excise offences Officers may investigate.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 54
        },
        {
            "number": "78",
            "title": "78. Powers and duties of Excise Officer investigating offences.",
            "chapter": null,
            "content": "(a) any of the powers conferred upon a Police Officer making an investigation, or upon an officer-in-charge of a police-station, by Sections 160 to 171 of the [Code of Criminal Procedure, 1973 (Act 2 of 1974)] and\n(b) as regards offences punishable under Section 47, Section 49, Section 55, or Section 56 of this Act-any of the powers conferred upon Police Officers in respect of cognizable offences by clause first of sub-section (1) of Section [41] and by Section [55] of the said Code, and the said portions of the said Code shall apply accordingly, subject to any restrictions or modifications prescribed by the State Government by the rule made under Section 89, Clause (o).",
            "footnote": "",
            "is_definition": false,
            "sort_order": 55
        },
        {
            "number": "79",
            "title": "79. Security and bail.",
            "chapter": null,
            "content": "(a) the number of sureties,\n(b) the amount in which they, and the person for whose arrest the warrant is issued, are respectively to be bound, and\n(c) the time at which such person is to attend as aforesaid.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 56
        },
        {
            "number": "80",
            "title": "80. Production of articles seized and persons arrested.",
            "chapter": null,
            "content": "(a) the Collector or an Excise Officer empowered under Section 77, subsection (2), to investigate the case, or\n(b) the nearest Excise Officer who has authority to release arrested persons on bail or on their own bond, or\n(c) the Officer-ln-Charge of the nearest police-station, whoever is nearer.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 57
        },
        {
            "number": "81",
            "title": "81. Custody by police of articles seized.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 58
        },
        {
            "number": "82",
            "title": "82. Reports of arrests, seizures and searches.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 59
        },
        {
            "number": "83",
            "title": "83. Execution of Collector's warrant.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 60
        },
        {
            "number": "84",
            "title": "84. Maximum period of detention.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 61
        },
        {
            "number": "85",
            "title": "85. Application of certain provisions of the Code of Criminal Procedure, [1973] .",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 62
        },
        {
            "number": "86",
            "title": "86. Magistrate having jurisdiction to try offences.",
            "chapter": null,
            "content": "(a) a Magistrate whose powers are not less than those of a Magistrate of the second class, or\n(b) a Magistrate of the third class specially empowered by the District Magistrate in this behalf, shall try any offence punishable under this Act.\n[86A. Scales of punishment from the date of publication of this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 63
        },
        {
            "number": "87",
            "title": "87. Initiation of certain prosecution.",
            "chapter": null,
            "content": "(a) in Section 47, Section 49, Section 55, or Section 56, except on his own knowledge or suspicion or on the complaint or report of an Excise Officer or an officer empowered in this behalf by the State Government; or\n(b) in Section 57, Section 61, Clause (d) or Clause (e), or Section 62, except on the complaint or report of the Collector or an Excise Officer authorised by the Collector in this behalf.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 64
        },
        {
            "number": "88",
            "title": "88. Bar to transfer of trial on application of accused.",
            "chapter": null,
            "content": "Chapter X\nMiscellaneous",
            "footnote": "",
            "is_definition": false,
            "sort_order": 65
        },
        {
            "number": "89",
            "title": "89. Power of State Government to make Rules.",
            "chapter": null,
            "content": "(a) for prescribing the powers and duties of officers of the Excise Department;\n(b) for regulating the delegation of any powers by the Board, the Commissioner of a Division, the Excise Commissioner or Collectors under Section 7, Clause (g);\n(c) for declaring in what cases or classes of cases and to what authorities appeals shall lie from orders, whether original or appellate, passed under this Act or under any rule made hereunder, and for prescribing the time and manner for prescribing, and the procedure for dealing with such appeals;\n(d) for regulating the import, export or transport of any intoxicant;\n(e) for regulating the periods for which licenses for the wholesale or retail vend of any intoxicant may be granted and the number of such licences which may be granted for any local area;\n(f) for prohibiting the grant of licences for the retail sale of any intoxicant at any place or within any local area described in the rules, or for defining the places in the vicinity of which shops for the retail sale of any intoxicant shall not ordinarily be licensed;\n(g) for prohibiting the grant to specified classes of persons of licences for the retail sale of any intoxicant;\n(h) for declaring, either generally, or in respect of areas described in the rules, the persons or classes of persons to whom any intoxicant may or may not be sold;\n(i) for regulating the procedure to be followed and prescribing the matters to be ascertained before any licence for the wholesale or retail vend of any intoxicant is granted for any locality;\n(j) for restricting the exercise of any of the powers conferred by clause(a) of sub-section (1) of Section 68 and by Section 69 and 70;\n(k) for declaring the Excise Officers to whom, and the manner in which information or aid should be given under Section 75;\n(l) for the grant of expenses to witnesses:\n(m) for the grant of compensation for loss of time to persons released by any Excise Officer under this Act on the ground that they have been improperly arrested and to persons charged before a Magistrate with offences punishable under this Act and subsequently acquitted; and (n) for prescribing restrictions or modifications in the application to Excise Officers of the provisions of the Code of Criminal Procedure [1973 (Act 2 of 1974)] relating to powers of Police Officers which are referred to in Section 78, sub-section (1) of this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 66
        },
        {
            "number": "90",
            "title": "90. Power of Board to make Rules.",
            "chapter": null,
            "content": "(1) for regulating the manufacture, supply, or storage of any intoxicant and in particular, and without prejudice to the generality of this provision, may make Rules for regulating-\n(a) the establishment, inspection, supervision, management and control of any place for the manufacture, supply or storage of any intoxicant, and the provision and maintenance of fittings, implements and apparatus therein;\n(b) the bottling of liquor for purposes of sale;\n(c) the cultivation of the hemp plant;\n(d) the collection of portions of the hemp plant from which intoxicating drugs can be manufactured or produced and the manufacture or production of intoxicating drugs therefrom;\n(e) the tapping of fan-producing trees and the drawing of tari from trees;\n(f) the marking of fan-producing trees in areas notified under Section 14, sub-section (1), and the maintenance of such marks;\n(2) for fixing the strength, price or quantity in excess of or below which any intoxicant shall not be supplied or sold, and quantity in excess of which denatured spirit shall not be possessed, and for prescribing a standard of quality for any intoxicant;\n(3) for declaring how spirit manufactured in India shall be denatured;\n(4) for causing spirit so manufactured to be denatured through the agency or under supervision of servants of the Government;\n(5) for ascertaining whether any spirit so manufactured has been denatured;\n(6) for regulating the deposit of any intoxicant in a warehouse established, authorised or continued under this Act and the removal of any intoxicant from any such warehouse or from any distillery or brewery;\n(7) for prescribing the scale of fees or the manner of fixing the fees payable in respect of any exclusive privilege granted under Section 22 or any licence, permit or pass granted under this Act, or in respect of the storing of any intoxicant;\n(8) for regulating the time, place and manner of payment of such fees;\n(9) for prescribing the restrictions under which or the conditions on which any licence, permit or pass may be granted, and in particular, and without prejudice to the generality of this provision, may make rules for-\n(i) prohibiting the admixture with any intoxicant or any article deemed to be noxious or objectionable,\n(ii) regulating or prohibiting the reduction of liquor by a licensed manufacturer or licensed vendor from a higher to a lower strength,\n(iii) prescribing the nature and regulating the arrangement of the premises in which any intoxicant may be sold, and prescribing the notices to be exposed at such premises,\n(iv) prohibiting or regulating the employment by the licensee of any person or class of persons to assist him in his business,\n(v) prohibiting the sale of any intoxicant except for cash,\n(vi) prescribing the days and hours during which any licensed premises may or may not be kept open, and providing for the closing of such premises on special occasions,\n(vii) prescribing the accounts to be maintained and the returns to be submitted by licensees, and\n(viii) regulating the transfer of licences;\n(10) for prescribing the particulars to be contained in licences, permits or passes granted under this Act;\n(11) for the payment of compensation to licensees whose premises are closed under Section 26 or under any rule made under sub-clause (vi) of clause (9) of this Section;\n(12) for prescribing the time, place and manner of levying duty on intoxicants;\n(13) for providing for the destruction or other disposal of any intoxicant deemed to be unfit for use; and\n(14) for regulating the disposal of things confiscated under this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 67
        },
        {
            "number": "91",
            "title": "91. Powers of Board exercisable from time to time.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 68
        },
        {
            "number": "92",
            "title": "92. Publication and effect of rules and notifications.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 69
        },
        {
            "number": "93",
            "title": "93. Recovery of dues.",
            "chapter": null,
            "content": "(a) all excise-revenue,\n(b) any loss that may accrue when a grant has been taken under management by the Collector or transferred by him under Section 46; and\n(c) all money due to the State Government by any person on account of any contract relating to the excise-revenue, may be recovered from the person primarily liable to pay the same, or from his surety (if any), by distress and sale of his movable property, or by the process prescribed for the recovery of arrears of revenue.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 70
        },
        {
            "number": "94",
            "title": "94. Power of State Government to exempt intoxicants from provisions of Act.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 71
        },
        {
            "number": "95",
            "title": "95. Bar of certain suits.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 72
        },
        {
            "number": "96",
            "title": "96. Limitation of suits and prosecutions.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 73
        },
        {
            "number": "261",
            "title": "97. Bar to application of Section 261 of the Bengal Municipal Act, 188.",
            "chapter": null,
            "content": "(a) any distillery, brewery, warehouse, or other place of storage licensed, established, authorised, or continued under this Act, or\n(b) the premises used for the manufacture or sale of any intoxicant by the holder of a licence granted under this Act for such manufacture or sale.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 74
        },
        {
            "number": "98",
            "title": "98. Bengal Act 5 of 1909 to cease to be in force but orders, rules, etc. made and licences, etc. granted thereunder to continue.",
            "chapter": null,
            "content": "Notifications\nNotifications\n[S.O. 941 dated the 29th July, 1978 [Published in Bihar Gazette (Extraordinary) dated the 29th July, 1978].\n(b) Alcoholic beverages shall not be served in hotels, restaurants, clubs and at public receptions unless specially permitted:\n(i) There will be no restriction on serving of liquor in the precincts of Foreign Embassies. Foreign Embassies may also be allowed to serve liquor in halls/lounges of hotels and clubs provided such halls/lounges are exclusively reserved or taken on hire by them to entertain a select number of invitees;\n(ii) The exemption referred to in (i) above may also be extended to parties hosted by others in honour of foreigners subject to the condition that the member of invitees does not exceed 100, and those hosting such parties obtain permits from the Deputy Commissioner/District Magistrate concerned;\n(iii) Service of liquor to foreigners in bars or special rooms earmarked for the purpose in hotels and restaurants approved by the Ministry of Tourism and Civil Aviation may be permitted;\n(iv) Serving of alcoholic beverages in Defence Establishment may be permitted only in bars or specifically reserved rooms for private parties as are located in the messes, clubs of such Establishments.\nNote. - \"Scheduled Drug\" means drug which has been notified under the Drugs (Control) Act.\nS.O. 566 dated the 27th March, 1979.\nS.O. 936 the 19th September 1980.\n(a) No person shall possess and consume any intoxicant in a public place not licensed for consumption of the same. For this purpose a \"public place\" shall mean \"any place intended for use by or accessible to the public and shall include any public conveyance\".\n(b) Alcoholic beverages shall not be served in hotels, restaurants, clubs and at public receptions:\n(i) any member of the Scheduled Tribes may manufacture and possess Pachwai without a licence or permit for domestic consumption or on religious and social occasions, but such self brewed Pachwai shall not be sold under any circumstances;\n(ii) serving of alcoholic beverages in Defence Service Establishments may be permitted only in bars or specifically reserved rooms for private parties as are located in the messes, clubs of such Establishments.\nS.O. 477 the 15th April 1981.\n(b) Beer only may be served near swimming pool and gardens in the campus of such hotels;\n(c) Only foreigners may be served with all kinds of foreign liquor in bars or rooms specially earmarked for this purpose in such hotels. In such places beer only may be served to the Indians;\n(d) In dining halls of such hotels foreigners may be served with beer and wine (excepting foreign liquor distilled from spirit) but Indians may be served with beer only.\nS.O 175 dated 2nd February 1982.\nAmendment\nAmendment\nS.O. 1313 the 25th October 1983.\nAmendment\nAmendment\nNotification No.5/Tek-10012/96 dated 23-2-1998.\nAmendment\nAmendment\n(b) A bar licence may be granted to the holder of a hotel or restaurant or motel licence for the retail vend of foreign liquor, to be sold in pegs only, and to be served and drunk within the said premises.\nS.O. 319 dated 18.3.1983.\nSchedule\nA. Manufacture of intoxicants\nFor each licence,\n(a)\nIndustrial spirits (Form 28A, Form 25)\n...\nRs. 2,000 per month\n(b)\nPotable spirits (Forms 28, 29, 18, 19, 20) (Country spirit and\n foreign liquor)\n...\nRs. 5,000 per month\n(c)\nIndustrial and potable spirits\n...\nRs. 7,000 per month\n(d)\nBhang (Form 40)\n...\nRs. 1,000 per month\nB. Wholesale of intoxicants\n(a)\nCountry spirits (Form 27)\n...\nRs. 8,000 per month.\n(b)\nForeign liquor-\nBond (manufacturers' with wholesale) (Form 1,1A)\n...\nRs. 4,000 per month.\nBond (Non-manufacturer's with wholesale) (Form 1, 1A)\n...\nRs. 2,000 per month.\nWholesale without bond (Form 1)\n...\nRs. 500 per month.\n(c)\nDenatured spirits (Form 22)\n...\nRs. 200 per month.\n(d)\nUse and storage licences (Form 24)-\n(a) For large undertakings and Industries based on alcohol.\n...\nRs. 5000 per month.\n(b) For small scale Industries based on alcohol.\n...\nRs. 500 per month.\n(c) For hospitals, educational institutions, laboratories and\n others\n...\nRs. 100 per month.\n(d)\nFor charitable institutions\n...\nNil.\nC. Retail sale of intoxicants\nMunicipal or Industrial areas (within two km. radius of any Industrial, Irrigation or other development projects or township). Other areas. (Monthly) (Monthly) (a) Country spirit ... ... Rs. 1,000 Rs. 200 (b) Foreign liquor ... ... Rs. 500 Rs. 200 (c) Denatured spirits ... ... Rs. 50 Nil. (d) Pachwai (manufactured and retail sale) ... ... Rs. 100 Rs. 50 (e) Tari (fermented) ... ... Rs. 30 Rs. 20 (f) Bhang ... ... Rs. 50 Rs. 25\n(Monthly)\n(Monthly)\n(a)\nCountry spirit\n...\n...\nRs. 1,000\nRs. 200\n(b)\nForeign liquor\n...\n...\nRs. 500\nRs. 200\n(c)\nDenatured spirits\n...\n...\nRs. 50\nNil.\n(d)\nPachwai (manufactured and retail sale)\n...\n...\nRs. 100\nRs. 50\n(e)\nTari (fermented)\n...\n...\nRs. 30\nRs. 20\n(f)\nBhang\n...\n...\nRs. 50\nRs. 25\n(a)\nAt the time of engaging the licence\n...Three months' levy.\n(b)\nIn the beginning of each quarter subsequently by the 7th of,\n the opening month of the quarter.\n...Three months' levy.\nS.O. 1317 the 25th October 1983.\n\"Armed forces of the Union, Central Reserve Police, Border Security (excluding officers) and the members of the Armed Forces of the Union on deputation to the National Cadet Corps.\"\nS.O. 988 the 26th November, 1971.\nS.O. 1003 dated the 30th July, 1973.\nS.O. 1315 the 25th October, 1983.\n\"Armed forces of the Union, Central Reserve Police, Border Security Force, Bihar Military Police (excluding officers), Mounted Military Police (excluding officers) and the members of the Armed Forces of the Union on deputation to the National Cadet Corps.\"",
            "footnote": "",
            "is_definition": false,
            "sort_order": 75
        }
    ],
    "metadata": {
        "Act ID": "Last Updated 21st November, 2019 [bh229]",
        "Act Number": "(Bihar and Orissa Act 2 of 1915)",
        "Enactment Date": "",
        "Act Year": "1915",
        "Short Title": "Bihar Excise Act, 1915",
        "Type": "STATE",
        "Location": "Bihar"
    },
    "updated_at": "2026-09-29 21:55:19"
}