(a) take the grant under management, at the risk and loss of the person to whom it was made; or
(b) transfer the unexpired portion of the grant, at the risk and loss of the said person, to any other person.
Chapter VIII
Offences and Penalties
[47. Penalty for unlawful import, export, transport, manufacture, possession, sale, etc.
(a) manufactures, possesses, sells, distributes, bottles, imports, exports, transports or removes any intoxicant; or
(b) Cultivates any hemp plant; or
(c) Constructs or establishes or works any manufactory, distillery, brewery or warehouse; or
(d) bottles any liquor for the purpose of sale; or
(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
(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
(g) sells any intoxicant, collects, possesses or buys any intoxicant beyond the prescribed quantity; or
(h) removes any intoxicant from any distillery, brewery, warehouse, other place of storage licensed, established, authorized or continued under this Act;
[47A. Commission of offence by companies.
[48. Presumption as to commission of offence in certain cases.
[49. Penalty for rendering denatured spirit fit for human consumption.
[50. Penalty for mixing noxious substance with liquor.
(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;
(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;
(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
(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.
[51. Penalty for selling spurious liquor.
[52. Penalty for fraud.
(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
(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 ;
[53. Penalty for consumption of liquor in public place.
(a) consumes liquor in a public place or an unauthorized place; or
(b) consumes liquor in a public place or an unauthorized place or an authorized place and creates nuisance; or
(c) permits drunkenness or allows assembly of unsocial elements in his premises or on the premises of liquor establishment;
(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.
(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,.
(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.]
[54. Penalty for possession of intoxicant in respect of which an offence has been committed.
[55. Penalty for consumption of liquor in chemist's shop.
[56. Penalty for unlawful advertisement.
[57. Penalty for import, export, manufacture, transports, sale or possession by one person on account of another.
[58. Order by Collector to pay compensation.
[59. Penalty for misconduct of licensees, etc.
(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
(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
(c) fails to cooperate during the inspection by any excise officer of his premises ,
(d) Fails to submit returns.
(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.
(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.
(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.]
[60. Penalty for employing minors or women or selling liquor to minors.
[61. Penalty for assault and obstruction.
[62. Penalty for non-payment of duty or fee.
[63. Penalty for allowing premises, etc., to be used for commission of an offence.
[64. Penalty for attempt to commit an offence.
[64A. Penalty for Contempt of Court.
[65. Penalty on excise officer for making vexatious search, seizure, detention or arrest.
(a) Enters or searches or causes to be entered or searched any closed place under color of exercising any power conferred by this Act;
(b) Seizes the movable property of any person on the pretext of seizing or searching for any article liable to confiscation under this Act;
(c) Searches, detains or arrests any person;
(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.]
[66. Penalty on excise officer refusing to do duty.
[67. Penalty for offences not otherwise provided for.
[67A. Enhanced punishment after previous conviction.
[67B. Power of court to implead manufacturer, etc.
[67C. Magistrate's power to impose enhanced penalties.
[68. Non-compounding of offences.
[68A. Certain things liable to confiscation.
(a) any intoxicant, material, still, utensil, implement, apparatus in respect of or by means of which such offence has been committed;
(b) any intoxicant unlawfully imported, transported, manufactured, sold or brought along with or in addition to, any intoxicant, liable to confiscation under clause (a);
(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;
(d) any animal, vehicle, vessel, or other conveyance used for carrying the same.
(e) Any premises or part thereof that may have been used for committing any offence under this Act.]
[68B. Power of Collector, etc., to order sale or destruction of articles liable to confiscation.
[68C. Confiscation by District Collector in certain Cases.
[68D. Order of confiscation and destruction not to interfere with other punishment.
[68E. Bar of jurisdiction in confiscation.
[68F. Confiscated article to be made over to the Collector.
[68G. Premises liable to be sealed.
[68H. Power of Collector to close places where intoxicant or hemp is sold in certain cases.
[68I. Collective Fine.
Chapter IX
Detection, Investigation and Trial of Offences, and Procedure
Section 46 • Bihar Excise Act, 1915
46. Power of Collector to take grants under management or to transfer them.
bihar-excise-act-1915-sec-46.json
•
Section 46
{
"act_title": "Bihar Excise Act, 1915",
"act_slug": "bihar-excise-act-1915",
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"section": {
"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",
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