What does Section 5 of The Assam Excise Act, 2000 say?

Chapter II Establishment and Control
What does Section 5 of The Assam Excise Act, 2000 say?

Chapter II Establishment and Control
The Assam Excise Act, 2000

Q: What does Section 2 of The Assam Excise Act, 2000 say?

(a) "beer" includes ale, stout, port, and all other fermented liquor usually made from malt; (b) "to bottle" means to transfer liquor from a cask or other vessels to a bottle or other receptacle, whether any process of rectification be employed or not and includes re- bottling; (c) "club" means a society of persons associated together for social intercourse, for the promotion of politics, sports, arts, science, literature or for any purpose except the acquisition of gain, or whether the same be
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Sections

11. Prohibition of publication of and entry of newspaper, periodical, journals, etc.

Section 11
12. Passes for import, export and transport.

Section 12
13. Grant of passes.

Section 13
14. Manufacture and preparation for manufacture permitted only under licence.

Section 14
15. Establishment or licensing of distilleries, breweries and warehouses.

Section 15
16. Limit of possession with exceptions and prohibitions, in special cases.

Section 16
17. Prohibition of sale without licence and exceptions to such prohibitions.

Section 17
18. Exclusive privilege of manufacture and supply.

Section 18
19. Manufacture and sale in or near cantonment.

Section 19
20. Duty on excise articles.

Section 20
21. Method of levy of duty.

Section 21
22. Payment for grant of exclusive privilege.

Section 22
23. Saving for duties being levied at commencement of Constitution.

Section 23
24. Existing licenses etc.

Section 24
25. Form and conditions of licenses etc.

Section 25
26. Rules for settlement of shops.

Section 26
27. Counterpart agreement and security.

Section 27
28. Technical defects, irregularities and omissions.

Section 28
29. Ascertainment of local public opinion.

Section 29
30. Cancellation or suspension of licences, etc. in certain cases.

Section 30
31. Cancellation of licences in other cases.

Section 31
32. Surrender of licence.

Section 32
33. No right to renewal.

Section 33
34. Measures, weights and instruments.

Section 34
35. Departmental management and resale.

Section 35
37. Inspection places of manufacture and sale.

Section 37
38. Arrest, seizure and search without warrant.

Section 38
39. Issue of warrants.

Section 39
40. Search and arrest in presence of Collector and Magistrate.

Section 40
41. Search, seizure and arrest following upon entry without warrant, in emergent cases.

Section 41
42. Power to investigate.

Section 42
43. Powers of investigating officers.

Section 43
44. Production of persons arrested or article seized.

Section 44
45. Police custody of articles seized.

Section 45
46. Report of arrests, seizure and searches.

Section 46
47. Procedure in executing warrants and in making arrests and search.

Section 47
48. Maximum period of detention.

Section 48
50. Information and aid to Excise Officers.

Section 50
51. Obligation on landholders and other to give information in certain cases.

Section 51
52. The closing of retail shops for the preservation of public peace.

Section 52
56. Adulteration etc.

Section 56
57. Fraud by licensee or his employee.

Section 57
58. Breach of rule or condition of licence.

Section 58
59. Liability of licenses for offence committed by his agent.

Section 59
60. Import, export, transport, manufacture, sale or possession by one person on account of another.

Section 60
61. Consumption of intoxicants in druggists shop.

Section 61
61B. Penalty for consumption of liquor in public places.

Section 61B
62. Vexatious search seizures, detention or arrest or refused of duty or cowardice on part of Excise Officer.

Section 62
63. Punishment for allowing premises to be used for the commission of an offence.

Section 63
64. Offences not specifically provided for.

Section 64
65. Attempts.

Section 65
66. Abatements.

Section 66
67. Enhanced punishment after previous conviction.

Section 67
68. Security for abstaining from commission from certain offences.

Section 68
69. Initiation of prosecution.

Section 69
70. Magistrate empowered to try case under this Act.

Section 70
71. Presumptions.

Section 71
72. Presumptions as to offence under Section 55 in certain cases.

Section 55
73. Presumptions as to any spirit which contains any denaturant.

Section 73
74. Liability to confiscation.

Section 74
75. Procedure in regard to articles liable to confiscation.

Section 75
77. Contempt of Court.

Section 77
78. Exception of medicated article.

Section 78
79. Power of State Government to exempt intoxicants from the provisions of this Act.

Section 79
80. Certain provisions of Municipal Act not to apply.

Section 80
81. Publication of rules and notifications.

Section 81
82. Bar of certain suits.

Section 82
83. Limitation of suits and proceedings.

Section 83
84. Power of the State Government to make rules.

Section 84
85. Repeal and saving.

Section 85
the-assam-excise-act-2000.json • 80 Sections • Assam
{
    "id": 13992,
    "slug": "the-assam-excise-act-2000",
    "title": "The Assam Excise Act, 2000",
    "short_title": "The Assam Excise Act, 2000",
    "act_number": "Assam Act No. 14 of 2000",
    "act_year": 2000,
    "act_type": "STATE",
    "location": "Assam",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "The Assam Excise Act, 2000",
    "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": "(a) \"beer\" includes ale, stout, port, and all other fermented liquor usually made from malt;\n(b) \"to bottle\" means to transfer liquor from a cask or other vessels to a bottle or other receptacle, whether any process of rectification be employed or not and includes re- bottling;\n(c) \"club\" means a society of persons associated together for social intercourse, for the promotion of politics, sports, arts, science, literature or for any purpose except the acquisition of gain, or whether the same be registered under the Indian Companies, Act, 1956 (Central Act 1 of 1956) the Assam Co-operative Societies Act, 1949 (Assam Act 1 of 1950) the Societies Registration Act, 1860 (Central Act 2 of 1860) or other wise incorporated or not;\n(d) \"Collector\" includes the District Collector, and in any provision of this Act includes also any officer whom the State Government may, by notification, declare or appoint to be a Collector for the purposes of that provision;\n(e) \"denaturant\" means any substance prescribed by rule made in this behalf under clause (m) of Section 84 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(f) \"to denature\" means to mix spirit with one or more denaturants in such manner as may be prescribed by rules made in this behalf under clause (m) of Section 84; and denatured spirit means spirit so mixed;\n(g) \"District Collector\" means the Chief Officer-in-charge of the revenue administration of a district;\n(h) \"excisable articles\" means-\n(a) any alcoholic liquor for human consumption; or\n(b) any intoxicating drug;\n(i) \"excise duty\" and \"countervailing duty\" mean 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(j) \"excise Commissioner\" means the officer appointed by the State Government, under Section 6, sub-section (2), clause (a);\n(k) \"excise officer\" means a Collector or any officer or other person appointed or invested with powers under Section 6;\n(l) \"excise revenue\" means revenue derived or derivable from any duty, fee, tax, penalty, payment (other than a fine imposed by a Court of law) or confiscation imposed or ordered under the provisions of this Act, or of any other law for the time being in force relating to liquor or intoxicating drugs.\n(m) \"export\" means to take out of the territory to which this Act applies, otherwise, than across a custom frontier as defined by the Central Government;\n(n) \"Import\" (except in the phrase import into India) means to bring into the territories to which this Act applies otherwise than across custom frontier as defined by the Central Government;\n(o) \"intoxicating\" means any liquor or intoxicating drug;\n(p) \"intoxicating drug\" means-\n(i) the leaves, small stalks or flowering or fruiting tops of the Indian hemp plant (Cannabis Saliva L) including all forms known as bhang; sidhi or ganja;\n(ii) charas, that is, the resin obtained from the Indian hemp plant which has not been submitted to any manipulations other than those necessary for paching and transport;\n(iii) any mixture with or without natural materials, or any of the above forms of intoxicating drugs, 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 manufactured drug, as defined in the Narcotic Drugs and Psychotropic Substances Act, 1985 (Central Act 61 of 1985);\n(q) \"liquor\" means intoxicating liquor and includes all liquid consisting of or containing alcohol; also tari and pachwai in any form ; and any substance which the State Government may, by notification, declare to be liquor for the purposes of this Act;\n(r) \"manufacture\" includes any process whether natural or artificial by which any intoxicant is produced or prepared, also redistillation and every process for the rectification, flavouring, blending or colouring of liquor;\n(s) \"State Government\" means the Government of Assam;\n(t) \"pachwai\" means any 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(u) \"place\" includes a house, building, shop, tent, vessel and raft and vehicle;\n(v) expressions referring to sale include any transfer otherwise than by way of gift;\n(w) \"spirit\" means any liquor containing alcohol, obtained by distillation whether it is denatured or not;\n(x) \"tari\" means, juice, whether fermented or unfermented, drawn from any kind of palm tree;\n(y) \"transport\" means to move from one place to another within the territories to which this Act applies.\n[(z) \"Public Place\" means any place intended for use by or accessible to the public and includes any conveyance running or parked on public roads or parking area;]",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Power to define country liquor and foreign liquor respectively.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Whole-sale or retail sale.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Saving of certain enactments.",
            "chapter": null,
            "content": "Chapter II\nEstablishment and Control",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Appointment of officers and conferment, withdrawal and delegation of power.",
            "chapter": null,
            "content": "(a) appoint an Officer who shall subject to the control of the State Government, have the control of the administration of the Excise Department and of the collection of excise revenue;\n(b) appoint any person other than the District Collector who shall, subject to the control of the District Collector, exercise all or any of the powers or perform all or any of the duties of a Collector under this Act, or any other law for the time being in force relating to the excise revenue;\n(c) appoint officers of the excise department of such classes and of such designations, powers and duties under this Act, as the State Government may think fit;\n(d) withdraw from any officer or person all or any of his powers or duties under this Act;\n(e) authorise-\n(i) the State Government to delegate to the Excise Commissioner and also in such cases and such matters as the State Government may specify, to the Commissioner of a Division;\n(ii) the Excise Commissioner, and in such cases and in such matters as the State Government may specify, a Commissioner of Division, subject to the control of the State Government to delegate to Collectors; and\n(iii) Collector; subject to the control of the Excise Commissioner and the State Government, to delegate to subordinate officers, subject to such conditions and restrictions as may be prescribed by any rules made under Section 84, sub-section (2), clause (a) any powers conferred upon, or delegated to, or exercised in respect of the excise revenue by the State Government, the Excise Commissioner, Commissioners of Divisions and Collectors, respectively, by or under the provisions of this Act or of any other law for the time being in force relating to excise.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Appeal.",
            "chapter": null,
            "content": "Chapter III\nImport, Export and Transport",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Restriction 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(e) the duty, if any, payable under Chapter V has been paid or a bond has been executed for the payment thereof.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "9",
            "title": "9. Restriction on import and transport.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "10. Prohibition of Import, export and transport.",
            "chapter": null,
            "content": "(a) prohibit the import or export of any intoxicant into or from the territories to which this Act applies or any part thereof; or\n(b) prohibit the transport of any intoxicant.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "11",
            "title": "11. Prohibition of publication of and entry of newspaper, periodical, journals, etc.",
            "chapter": null,
            "content": "(1) prohibit into the areas to which this Act applies the publication or display of advertisement of liquor or intoxicating preparations in the newspapers, periodicals, journals, hoardings, banners etc. printed and published in and from that area.\n(2) prohibit into the areas to which this Act applies the entry of newspapers, journals etc. if any contain advertisement of liquor or intoxicating preparations.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "12",
            "title": "12. Passes for import, export and transport.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "13",
            "title": "13. Grant of passes.",
            "chapter": null,
            "content": "Chapter IV\nManufacture, Possession and Sale",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "14",
            "title": "14. Manufacture and preparation for manufacture permitted only under licence.",
            "chapter": null,
            "content": "(a) no intoxicant shall be manufactured;\n(b) no hemp plant (Cannabis sativa L) shall be cultivated or collected;\n(c) no liquor shall be bottled for sale;\n(d) no distillery or brewery shall be constructed or worked and\n(e) 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) tari intended to be used solely for the manufacture of gur of molasses;\n(ii) tari intended to be used solely for the preparation of food for domestic consumption, and not as an intoxicant or for the preparation of any intoxicating article or any articles for sale; and.\n(iii) tari upto a limit of four kilograms for the domestic consumption of the person in possession of the tree from which it is drawn.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "15",
            "title": "15. Establishment or licensing of distilleries, breweries and warehouses.",
            "chapter": null,
            "content": "(a) establish a distillery, in which spirit may be manufactured under a licence granted under sub-section (1) of Section 14, on such conditions as the State Government thinks fit to impose;\n(b) discontinue any distillery so established;\n(c) licence, on such conditions as the State Government thinks fit to impose, the construction and working of a distillery or brewery;\n(d) establish or licence a warehouse wherein any intoxicant may be deposited and kept without payment of duty; and\n(e) discontinue any warehouse so established.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "16",
            "title": "16. Limit of possession with exceptions and prohibitions, in special cases.",
            "chapter": null,
            "content": "(i) a licence for the manufacture, sale or supply of such article, or\n(ii) in the case of intoxicating drugs, a licence for the cultivation or collection of the plants from which such drugs were produced, or\n(iii) a permit granted by the Collector in that behalf.\n(a) any foreign liquor other than denatured spirit in the possession of any common carrier or warehouseman, as such, or\n(b) any foreign liquor lawfully procured by, and in the possession of any person for his own bona fide private consumption and not for sale, or\n(c) tari intended to be used solely for the manufacture of gur or molasses, or\n(d) tari intended to be used solely for the domestic consumption, and not as an intoxicant or for the preparation of any intoxicating article or of any article for sale.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "17",
            "title": "17. Prohibition of sale without licence and exceptions to such prohibitions.",
            "chapter": null,
            "content": "(1) on such conditions as may be determined by the State Government, a licence for sale granted under the Excise law in force in another province may be deemed to be a licence granted under this Act;\n(2) a person licenced to cultivate or collect plant from which an intoxicating drug is produced, may sell without a licence those portions of the plant from which the intoxicating drug is manufactured or produced to any person licensed under this Act, to deal in the same, or to any officer to whom the Excise Commissioner may prescribe;\n(3) nothing in this section applies to-\n(a) the sale of foreign liquor lawfully procured by any person for his private use and sold by him or on his behalf or on behalf of his representative in interest upon his quitting a station or 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 sale tari;\n(c) the sale of tari lawfully possessed and intended to be used solely for the manufacture of gur or molasses;\n(d) the sale of tari lawfully possessed and intended to be used solely for the preparation of food for domestic consumption, and not as an intoxicant or for the preparation of any intoxicating article for sale, and\n(e) the sale of tari lawfully possessed and intended to be used in the manufacture of bread to a person holding a permit to use tari for the purpose of making bread;\n(4) Any club which has transactions with its members in respect of foreign liquor, shall be deemed to conducting retail sales and shall be required to take out a licence under this Act on payment of such fees and subject to such restrictions and on such conditions as the State Government may prescribe.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "18",
            "title": "18. Exclusive privilege of manufacture and supply.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "19",
            "title": "19. Manufacture and sale in or near cantonment.",
            "chapter": null,
            "content": "Chapter V\nDuties and Fees",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "20",
            "title": "20. Duty on excise articles.",
            "chapter": null,
            "content": "(a) imported; or\n(b) exported; or\n(c) transported; or\n(d) manufactured, cultivated or collected under any licence granted under Section 14; or\n(e) manufactured in any brewery or distillery licensed or established under Section 15 :",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "21",
            "title": "21. Method of levy of duty.",
            "chapter": null,
            "content": "(a) in the case of excisable articles imported,-\n(i) either in the territories to which this Act applies or in the State or territory from which the article is imported, or\n(ii) upon issued for sale from a warehouse established or licenced under clause (d) of Section 15 ;\n(b) in the case excisable articles exported in the territory to which the Act applies or in the State or territory to which the article is exported;\n(c) in the case of excisable articles transported,-\n(i) in the district from which the excisable article is transported, or\n(ii) upon issue for sale from a warehouse established under clause (d) of Section 15;\n(d) in the case of intoxicating drugs,-\n(i) at a rate assessed on the area covered by a licence granted under the provisions of clause (b) of sub-section (1) of Section 14 or on the quantity or out turn of the crop cultivated or collected under such licence, or\n(ii) at a rate charged upon the quantity produced or manufactured under a licence granted under the provisions of clause (d) of sub-section (1) of Section 14 or issued from a warehouse established or licenced under clause (a) of sub-section (1) of Section 15 or issued from a warehouse established or licenced under clause (d) of sub-section (1) of Section 15,\n(e) in the case of spirit or beer manufactured in a distillery or brewery established or licenced under Section 15,-\n(i) at a rate charged upon the quantity produced or issued from the distillery or brewery, as the case may be, or issued from a warehouse licenced or established under clause (d) of Section 15, or\n(ii) at a rate charged in accordance with such scale or equivalents calculated on the quantity of materials used or by the degree of attention of the wash or wort, as the case may be, as the State Government may prescribe :",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "22",
            "title": "22. Payment for grant of exclusive privilege.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "23",
            "title": "23. Saving for duties being levied at commencement of Constitution.",
            "chapter": null,
            "content": "(a) any duty on intoxicants or medicinal or toilet preparations containing alcohol which are not excisable articles within the meaning of this Act;\n(b) any duly on an excisable article produced outside India and imported to the territories to which this Act applies whether across a customs frontier as defined by the Central Government or not.\nChapter VI\nLicenses, Permits and Passes",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "24",
            "title": "24. Existing licenses etc.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        },
        {
            "number": "25",
            "title": "25. Form and conditions of licenses etc.",
            "chapter": null,
            "content": "(a) shall be granted-\n(i) on payment of such fees, if any,\n(ii) for such period, and\n(iii) subject to such restrictions and such conditions, and\n(b) shall be in such form and shall contain such particulars, as the State Government, subject to any rules made under Clause (g), sub-section (2) of Section 84, may direct either generally or in any particular instance in this behalf:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 24
        },
        {
            "number": "26",
            "title": "26. Rules for settlement of shops.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 25
        },
        {
            "number": "27",
            "title": "27. Counterpart agreement and security.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 26
        },
        {
            "number": "28",
            "title": "28. Technical defects, irregularities and omissions.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 27
        },
        {
            "number": "29",
            "title": "29. Ascertainment of local public opinion.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 28
        },
        {
            "number": "30",
            "title": "30. Cancellation or suspension of licences, etc. in certain cases.",
            "chapter": null,
            "content": "(a) if any duty fee payable by the holder thereof be not duly paid, or\n(b) if an accessible article is sold at excess price, or\n(c) in the event of any breach by the holder thereof or by his servants, or by any one acting on his behalf, with his express or implied permission, of any of the terms of conditions of such licence, permit or pass, or\n(d) if the holder thereof is convicted of any offence punishable under this Act or any other law for the time being in force relating to revenue, or of any cognizable or non-bailable offence or of any offence punishable under the Narcotic Drugs and Psychotropic Substances Act, 1985 (Central Act 61 of 1985) or under the Trade and Merchandise Marks Act, 1958 (Central Act 43 of 1958) or under Sections 482 to 489 of the Indian Penal Code;\n(e) at will, if the conditions of the licence, permit or pass provided for such cancellation or suspension.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 29
        },
        {
            "number": "31",
            "title": "31. Cancellation of licences in other cases.",
            "chapter": null,
            "content": "(a) on the expiration of fifteen days' notice in writing of his intention to do so, or\n(b) forthwith without notice.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 30
        },
        {
            "number": "32",
            "title": "32. Surrender of licence.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 31
        },
        {
            "number": "33",
            "title": "33. No right to renewal.",
            "chapter": null,
            "content": "Chapter VII\nGeneral Provisions",
            "footnote": "",
            "is_definition": false,
            "sort_order": 32
        },
        {
            "number": "34",
            "title": "34. Measures, weights and instruments.",
            "chapter": null,
            "content": "(a) shall supply himself with such measures, weights and instruments as the Stale Government may prescribe, and shall keep the same in good condition, and\n(b) on the requisition of any Excise Officer duly empowered in this behalf, shall at any time measure, weight or test any intoxicant in his possession as such officer may require.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 33
        },
        {
            "number": "35",
            "title": "35. Departmental management and resale.",
            "chapter": null,
            "content": "[36. Recovery of dues.\nChapter VIII\nPrevention, Detection and Investigation of Offences",
            "footnote": "",
            "is_definition": false,
            "sort_order": 34
        },
        {
            "number": "37",
            "title": "37. Inspection places of manufacture and sale.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 35
        },
        {
            "number": "38",
            "title": "38. Arrest, seizure and search without warrant.",
            "chapter": null,
            "content": "(1) any officer employed in Excise, Police, not below such rank as the State Government may prescribe;\n(2) within such areas as the State Government may by notification, direct such officers;\n(3) any other persons duly empowered; and\n(4) in any public place, any Excise or Police Officer may-\n(a) arrest without warrant any person found committing in an offence punishable under Section 53 or Section 54,\n(b) seize, detain and carry away any excisable or other 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 or airy documents or other article which he has reason to believe may furnish evidence of the commission of an offence punishable under this Act or under the Assam Opium Prohibition Act, 1947 (Assam Act 23 of 1947), Assam Ganja and Bhang Prohibition Act, 1959 (Assam Act 21 of 1959) and Narcotic Drugs and Psychotropic Substances Act, 1985 (Central Act 61 of 1985), and\n(c) detain and search any person upon whom and any vessel, raft, vehicle, animal/package, receptacle cause to suspect any such article to be.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 36
        },
        {
            "number": "39",
            "title": "39. Issue of warrants.",
            "chapter": null,
            "content": "(a) issue warrant for the search of any place in which he has reason to believe that any intoxicant, still, utensil, implement, apparatus or materials in respect of which such offence has been or is likely to be committed, are kept or concealed; and\n(b) issue warrant for the arrest of any person whom he has reason to believe to have been or to be likely to be engaged in the commission of any such offence.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 37
        },
        {
            "number": "40",
            "title": "40. Search and arrest in presence of Collector and Magistrate.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 38
        },
        {
            "number": "41",
            "title": "41. Search, seizure and arrest following upon entry without warrant, in emergent cases.",
            "chapter": null,
            "content": "(a) enter into and search such place;\n(b) seize and carry away anything found therein which he has reason to believe to be liable to confiscation under this Act or any document or other article which he has reason to believe may furnish evidence of the commission of an offence punishable under this Act or under the Assam Opium Prohibition Act, 1947 (Assam Act 23 of 1947), Assam Ganja and Bhang Prohibition Act, 1959 (Assam Act 21 of 1959) and the Narcotic Drugs and Psychotropic Substances Act, 1985 (Central Act 61 of 1985) and detain and search and if he thinks proper, arrest any person found in such place whom he has reason to believe to have committed any such offence as aforesaid.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 39
        },
        {
            "number": "42",
            "title": "42. Power to investigate.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 40
        },
        {
            "number": "43",
            "title": "43. Powers of investigating officers.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 41
        },
        {
            "number": "44",
            "title": "44. Production of persons arrested or article seized.",
            "chapter": null,
            "content": "(a) the Collector or other officer empowered under Section 42 to investigate the case, or\n(b) an excise officer empowered under Section 49 to accept bail, or\n(c) the officer-in-charge of the nearest police station whoever is nearest.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 42
        },
        {
            "number": "45",
            "title": "45. Police custody of articles seized.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 43
        },
        {
            "number": "46",
            "title": "46. Report of arrests, seizure and searches.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 44
        },
        {
            "number": "47",
            "title": "47. Procedure in executing warrants and in making arrests and search.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 45
        },
        {
            "number": "48",
            "title": "48. Maximum period of detention.",
            "chapter": null,
            "content": "[49. Bail.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 46
        },
        {
            "number": "50",
            "title": "50. Information and aid to Excise Officers.",
            "chapter": null,
            "content": "(a) to give immediate information to an Excise Officer of all branches or any of the provisions of this Act which may come to his knowledge, and\n(b) to aid an Excise Officer reasonably demanding his aid in the due carrying out of any of the provisions of this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 47
        },
        {
            "number": "51",
            "title": "51. Obligation on landholders and other to give information in certain cases.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 48
        },
        {
            "number": "52",
            "title": "52. The closing of retail shops for the preservation of public peace.",
            "chapter": null,
            "content": "Chapter IX\nPenalties and Procedures\n[53. Penalty for unlawful import, export, transport manufacture, possession, sale etc.\n(a) manufactures, imports, exports, transports removes, possesses or sells any intoxicant other than tari and pachwai; or\n(b) constructs or works, any distillery or brewery; or\n(c) bottles any liquor other than tari and pachwal for purpose of sale; or\n(d) uses, keeps or has in his possession any material, still, untensil, implement or apparatus, whatsoever, for the purpose of manufacturing any intoxicant other than tari and pachwai; or\n(e) possesses any material or label of any brand of liquor either with or without the Government hologram or hologram of any other State or any other thing in which liquor can be paked or any apparatus or implement or machine for the purpose of packing any liquor; or\n[54. Unlawful possession in certain cases.\n[55. Penalty for altering or attempting to alter any denatured spirit that may be used for human consumption.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 49
        },
        {
            "number": "56",
            "title": "56. Adulteration etc.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 50
        },
        {
            "number": "57",
            "title": "57. Fraud by licensee or his employee.",
            "chapter": null,
            "content": "(a) 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 or otherwise deals with any bottle, case, package or other receptacle containing country liquor, or marks the cork of any such bottle, with the intention of causing it to be believed that such bottle case, package or other receptacle contains foreign liquor,",
            "footnote": "",
            "is_definition": false,
            "sort_order": 51
        },
        {
            "number": "58",
            "title": "58. Breach of rule or condition of licence.",
            "chapter": null,
            "content": "(a) fails to produce such licence, permit or pass on the demand of any Excise Officer or of any other officer duly empowered to make such demand, or\n(b) in any case not otherwise provided for in this Act wilfully contravenes any rule made under Section 84 or wilfully does or omits to do anything in breach of any of the conditions of such licence, permit or pass, [shall be punished in case of (a) with fine which shall not be less than ten thousand rupees but which may extend to fifty thousand rupees and in case (b) with fine which shall not be less than fifty thousand rupees but which may extend to five lakh rupees and the convicting Magistrate shall direct the offender to be imprisoned in default of payment of fine for a term which may extend to six months.]\n[58A. Penalty for non-payment of duty or fee.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 52
        },
        {
            "number": "59",
            "title": "59. Liability of licenses for offence committed by his agent.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 53
        },
        {
            "number": "60",
            "title": "60. Import, export, transport, manufacture, sale or possession by one person on account of another.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 54
        },
        {
            "number": "61",
            "title": "61. Consumption of intoxicants in druggists shop.",
            "chapter": null,
            "content": "[61A. Prohibition of consumption of liquor or intoxicant in public place.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 55
        },
        {
            "number": "61B",
            "title": "61B. Penalty for consumption of liquor in public places.",
            "chapter": null,
            "content": "(a) consumes liquor in a public place;\n(b) consumes liquor in a public place and creates nuisance;\n(c) permits drunkenness or allows assembly of unsocial elements on the licensed premises of liquor establishments; shall be punishable:-\n(i) in case of an offence falling under clause (a), with fine which may extend to five thousand rupees;\n(ii) in case of an offence falling under clause (b), with imprisonment for a term which may extend to three months and with fine which may extend to ten thousand rupees: and\n(iii) in case of an offence falling under clause (c), with imprisonment for a term which may extend to six months and with fine which may extend to fifty thousand rupees.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 56
        },
        {
            "number": "62",
            "title": "62. Vexatious search seizures, detention or arrest or refused of duty or cowardice on part of Excise Officer.",
            "chapter": null,
            "content": "(a) without reasonable grounds of suspicion, searches or caused to be searched any place, under colour of exercising any power conferred by this Act, or\n(b) vexatiously and unnecessarily seize any property of any person on the pretence of seizing or searching for any article liable to confiscation under this Act, or\n(c) vexatiously and unnecessarily detains, searches or arrests any person, or\n(d) without lawful excuse ceases or refuses to perform or withdraws himself from the duties of his office, unless expressly and in writing allowed to do so by the Collector, unless he shall have to his immediate superior two months' notice in writing of his intention to do so, or\n(e) is guilty of cowardice,",
            "footnote": "",
            "is_definition": false,
            "sort_order": 57
        },
        {
            "number": "63",
            "title": "63. Punishment for allowing premises to be used for the commission of an offence.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 58
        },
        {
            "number": "64",
            "title": "64. Offences not specifically provided for.",
            "chapter": null,
            "content": "[64A. Commission of offence by companies.\nExplanation:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 59
        },
        {
            "number": "65",
            "title": "65. Attempts.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 60
        },
        {
            "number": "66",
            "title": "66. Abatements.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 61
        },
        {
            "number": "67",
            "title": "67. Enhanced punishment after previous conviction.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 62
        },
        {
            "number": "68",
            "title": "68. Security for abstaining from commission from certain offences.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 63
        },
        {
            "number": "69",
            "title": "69. Initiation of prosecution.",
            "chapter": null,
            "content": "[(a) under Section 53, 54, 55, 61 or 61-B except on his own knowledge or suspicion or on the complaint or report of an Excise Officer;\n(b) under 56, 57, 58, 58-A or 64 except on the complaint or report of a Collector or other officer empowered under section 42, sub-section (2) to investigate the case; or\"]\n(c) under clause (d) and (e) of Section 62 except with the sanction of the District Collector.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 64
        },
        {
            "number": "70",
            "title": "70. Magistrate empowered to try case under this Act.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 65
        },
        {
            "number": "71",
            "title": "71. Presumptions.",
            "chapter": null,
            "content": "(a) any intoxicant or hemp plant (Cannabis Sativa L);\n(b) any still, utensil, implement or apparatus whatsoever for the manufacture of any intoxicant, other than tari; or\n(c) any materials such as are ordinarily used in the manufacture of any intoxicant; if the person found in possession thereof fails to account satisfactorily for such possession, it may be presumed until the contrary is proved, that his possession was in contravention of the provisions of this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 66
        },
        {
            "number": "55",
            "title": "72. Presumptions as to offence under Section 55 in certain cases.",
            "chapter": null,
            "content": "(i) has himself made such alterations or attempt; or\n(ii) knows or has reason to believe that such alteration or attempt has been made.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 67
        },
        {
            "number": "73",
            "title": "73. Presumptions as to any spirit which contains any denaturant.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 68
        },
        {
            "number": "74",
            "title": "74. Liability to confiscation.",
            "chapter": null,
            "content": "(a) the intoxicant, hemp plant (cannabis Sativa L) still, utensil implement, apparatus or material in respect of or any means of which such offence has been committed;\n(b) any intoxicant lawfully imported, transported,, manufactured has in possession or sold along with any intoxicant liable to confiscation as aforesaid;\n(c) the receptacles, packages and coverings in which anything liable to confiscation under clause (a) or clause (b) is found and the other contents, if any, such receptacles and packages; and\n(d) the animals carts, vessels, rafts or other conveyances used in carrying anything referred to in the foregoing clauses :",
            "footnote": "",
            "is_definition": false,
            "sort_order": 69
        },
        {
            "number": "75",
            "title": "75. Procedure in regard to articles liable to confiscation.",
            "chapter": null,
            "content": "[76. Power to compound offences.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 70
        },
        {
            "number": "77",
            "title": "77. Contempt of Court.",
            "chapter": null,
            "content": "Chapter X\nMiscellaneous",
            "footnote": "",
            "is_definition": false,
            "sort_order": 71
        },
        {
            "number": "78",
            "title": "78. Exception of medicated article.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 72
        },
        {
            "number": "79",
            "title": "79. Power of State Government to exempt intoxicants from the provisions of this Act.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 73
        },
        {
            "number": "80",
            "title": "80. Certain provisions of Municipal Act not to apply.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 74
        },
        {
            "number": "81",
            "title": "81. Publication of rules and notifications.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 75
        },
        {
            "number": "82",
            "title": "82. Bar of certain suits.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 76
        },
        {
            "number": "83",
            "title": "83. Limitation of suits and proceedings.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 77
        },
        {
            "number": "84",
            "title": "84. Power of the State Government to make rules.",
            "chapter": null,
            "content": "(a) regulating the delegation of any powers by the Government, the Excise Commissioner, Commissioners of divisions and Collectors under clause (g), sub-section (2) of Section 6;\n(b) prescribing the powers, duties and subordination and control of officers of Excise Department;\n(c) regulating appeals and revisions and in particulars-\n(i) declaring the cases in which and authorities to whom appeals shall lie under sub-section (1) of Section 7;\n(ii) prescribing the time and manner for presenting appeals and the procedure for dealing with appeals under sub- section (1) of Section 7;\n(d) regulating the import, export, transport or possession of any intoxicant;\n(e) regulating the manufacture, supply, storage or sale of any intoxicant; and in particular regulating-\n(i) the erection, inspection, supervision, management and control of any place for the manufacture, supply, storage or sale of any such article ; and the fittings, implements and apparatus to be maintained therein;\n(ii) the cultivation of the hemp plant (cannabis Sativa L) the collection of the spontaneous growth of such plant, and the preparation of any intoxicating drugs from such growth;\n(iii) the tapping of tari producing trees and the drawings of tari from such trees;\n(iv) the bottling of liquor for sale ;\n(f) regulating the deposit of intoxicant in warehouses and the removal of such articles from warehouses, distilleries or breweries ;\n(g) regulating the period for which and the persons to whom the licences for the sale of any intoxicant may be granted and providing for the selection of sites at which shops may be opened ;\n(h) prescribing the procedure to be followed and the matters to be ascertained before any licence for such sale is granted in any local area ;\n(i) prescribing in the case of any intoxicant the manner in which the duty on such article shall be levied ;\n(j) prescribing the sale or fees or the manner of fixing the fees payable in respect of storing of any intoxicant;\n(k) prescribing the time, place and manner of payment of duty or fee ;\n(l) prescribing the restrictions under and the conditions on which any licence, permit or pass may be granted ; and in particulars providing for-\n(i) the prohibition of the admixture with any intoxicant of any foreign substance;\n(ii) the regulation or prohibition of the reduction of liquor by a licensed manufacturer or a licensed vendor from a higher to a lower strength;\n(iii) the fixing of the strength, price or quantity in excess of or below which any intoxicant shall not be supplied, sold or kept or exposed for sale, the fixing of the quantity in excess of which denatured spirit shall not be possessed, the fixing of a standard of quality and determining whether the price is excessive for any intoxicant.\n(iv) the regulation or prohibition of the employment of the license holder or any person or class of persons in or upon his business premises during business hours or to assist him in his business in any capacity whatsoever;\n(v) the specifications of the persons or classes of persons to whom any intoxicant may or may not be sold ;\n(vi) the prohibition of sale except for cash ;\n(vii) the prevention of drunkenness, intoxication, gambling or disorderly conduct in or near the business premises of the licence holder and of the meeting or remaining of persons of bad character in such premises ;\n(viii) the fixing of the days and hours during which such premises may or may not be kept open, and the closure of such premises on special occasions;\n(ix) the specification of the nature of the premises in which any intoxicant may sold and the notice to be exposed at such premises ;\n(x) the accounts to be maintained and the return to be submitted by licence holders; and\n(xi) regulating or prohibiting the transfer of licenses ;\n(m) (i) declaring the process by which spirit manufactured in India shall be denatured ;\n(ii) for causing such spirit to be denatured through the agency or under the supervision of its own officers ;\n(iii) for ascertaining whether such spirit has been denatured ;\n(n) providing for the destruction or other disposal of any intoxicant deemed to be unfit for use;\n(o) regulating the disposal of confiscated articles;\n(p) providing for the grant of expenses to witnesses;\n(q) regulating the power of Excise Officer to summon witnesses from a distance under the provisions of Section 43, and\n(r) providing for the grant of compensation to persons improperly arrested and subsequently released by an Excise Officer under Section 43 and persons charged before a Magistrate with offences under this Act and acquitted.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 78
        },
        {
            "number": "85",
            "title": "85. Repeal and saving.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 79
        }
    ],
    "metadata": {
        "Act ID": "Last Updated 12th February, 2020 [ass214]",
        "Act Number": "Assam Act No. 14 of 2000",
        "Enactment Date": "",
        "Act Year": "2000",
        "Short Title": "The Assam Excise Act, 2000",
        "Type": "STATE",
        "Location": "Assam"
    },
    "updated_at": "2026-09-29 21:55:18"
}