The andaman and nicobar islands excise regulati0n, 2012
andaman-and-nicobar-islands · 2012
The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.
- S. 1(l),This ~~egulati~n may be called the Andaman and Nicobar Islands Excise Regulation, 20 12: ~, ,~ : :', '
- S. 2In this Regulation, unless jhe context otherwise requires,- • •
- S. 3Beer 100% of the last selling price
- S. 4Section 4 outlines the Excise Commissioner's powers to regulate and monitor liquor activities, curb illegal trade, and protect excise revenues in the Andaman and Nicobar Islands.
- S. 5The Administrator may appoint such number of Deputy Commissioners, District l~xcise Officers and such ~er ofij
- S. 6Section 6 establishes an Excise Intelligence Bureau to gather and share intelligence on excise offenses and monitor related investigations.
- S. 8Section 8 allows the Administrator to delegate excise powers to the Excise Commissioner and subordinates, and to withdraw or invest such powers as needed.
- S. 11Section 11 establishes a Board of Experts to advise on technical and legal issues regarding liquor advertising, denaturants, and related aspects.
- S. 12Section 12 prohibits the manufacture, sale, and possession of liquor without a permit, except for authorized industrial use.
- S. 13Section 13 specifies fees, duration, terms, conditions, form, and particulars for letters of intent, licenses, or permits under the regulations.
- S. 14Section 14 outlines conditions for granting excise licenses, including applicant citizenship, age, and moral character, and premises location requirements.
- S. 15Section 15 allows the licensing authority to require a licensee to provide security and execute a counterpart agreement for compliance.
- S. 16Section 16 states that technical defects in licenses are not invalid, and the licensing authority's decision on such issues is final.
- S. 17Section 17 allows the authority to withdraw licenses or permits after 21 days' notice and compensates the holder.
- S. 18Section 18 allows the authority to suspend or cancel excise licenses or permits for various breaches or offenses.
- S. 19Section 19 prohibits renewal claims and refusal compensation for expired licenses or permits.
- S. 20Section 20 mandates license holders to provide a month's notice before surrendering their license, with fee payment unless Deputy Commissioner approves early surrender.
- S. 21Section 21 prohibits transfer of excise licenses without Excise Commissioner's prior approval.
- S. 22The section allows the Excise Commissioner to grant licenses or leases for manufacturing and selling liquor in specified areas.
- S. 23Section 23 mandates that liquor cannot be removed from storage without paying applicable duty and fee or executing a prescribed bond.
- S. 24Section 24 prohibits the sale or delivery of liquor to anyone under 18 years old.
- S. 25Section prohibits licensees from employing individuals under 18 or with contagious diseases in their premises.
- S. 26The section allows the District Magistrate to temporarily close liquor shops for public peace, with limits, and permits longer closures with Administrator's approval.
- S. 27The excise revenue shall ~ levied and recovered under the following heads, namelyt=- persons
- S. 28(l) There shall be I~vied a,pd collected in the manner provided by this Regulation Excise duty
- S. 29Section 29 allows recovery of unpaid excise duties and fines as land revenue arrears and permits attachment and sale of defaulting premises to satisfy such claims.
- S. 30Section 30 allows the Excise Commissioner to reduce or waive interest on unpaid excise duty if it causes hardship and the person cooperated in recovery proceedings.
- S. 32Section 32 ensures that excise dues remain payable unless a competent authority stays the payment despite legal challenges.
- S. 33Every licensee shall maintain such accounts and submit to the concemed officers ,
- S. 34(1) Whoever, in contravention of this Regulation or of any rule
- S. 35Section penalizes rendering denatured spirit fit for consumption or possessing such spirit with intent, up to three years imprisonment and fine.
- S. 36Section 36 penalizes mixing harmful substances into liquor sold or manufactured on the Andaman and Nicobar Islands, with severe punishments including life imprisonment for causing death.
- S. 37(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, 2 of 1914
- S. 38Section penalizes selling or keeping Indian liquor as foreign liquor with up to six months imprisonment and a fine.
- S. 39Section penalizes possession of illegally imported, transported, or manufactured liquor with up to six months imprisonment and fine.
- S. 40Section penalizes chemists and dispensaries for allowing unmedicated liquor consumption on premises, with fines up to ₹5,000 for them and ₹2,000 for consumers.
- S. 41Section 41 penalizes consumption of liquor in public and related offenses with fines and imprisonment.
- S. 42Section penalizes unauthorized liquor advertisements with imprisonment or fine, except for approved catalogues or price lists.
- S. 43Any person who unlawfully releases or abets escape of any person arrested under this Regulation
- S. 44Section 44 penalizes licensees for selling liquor to or employing minors, imposing up to three months' imprisonment and a fine up to fifty thousand rupees.
- S. 45Section 45 penalizes assaulting or obstructing Excise Officers with up to two years' imprisonment and a fine of up to one lakh rupees.
- S. 46Section 46 holds license or permit holders liable for offenses by their employees or agents unless they prove due precautions.
- S. 47(1) Where any liquor has been
- S. 48Section 48 penalizes failure to produce licenses, breach of permit conditions, non-submission of returns, and price label tampering with fines and imprisonment.
- S. 51Section penalizes licensees for allowing their property to be used for violating excise regulations.
- S. 52Section 52 penalizes attempts to commit offenses under the regulation with half the punishment for the full offense.
- S. 53Any Excise Officer or other person who vexatiously and without reasonable ground for suspicion -
- S. 54Any Excise Officer who
- S. 55Section 55 penalizes violations of the Andaman and Nicobar Islands Excise Regulation with up to six months' imprisonment and a fine.
- S. 56Section presumes guilt for unexplainable possession of liquor-related items and holds vehicle owners liable for offenses unless due care is proven.
- S. 57Repeat offenders under the Andaman and Nicobar Islands Excise Regulation face double the punishment and fine for subsequent convictions.
- S. 58Section 58 allows courts to proceed against liquor manufacturers, distributors, or dealers if linked to an offense, despite procedural limitations.
- S. 59Section 59 makes companies and responsible individuals liable for offenses under the Andaman and Nicobar Islands Excise Regulations, 2012.
- S. 60(1) The authorised Excise Officer sh?!_l ~ investigation of any offence committed under this Regulatio~ send his repor
- S. 62Section 62 allows certain excise offences to be compounded before or after prosecution, with a fee based on the value of the seized goods.
- S. 64Whenever an offence has been committed, which is punishable UDder this Regulation, following things shall be liable
- S. 65Section 65 mandates the Deputy Commissioner to confiscate or return seized property and order destruction of unfit items.
- S. 66Section 66 allows for conviction under the regulation even if confiscated property is disposed of, provided samples and photos are preserved.
- S. 67Section 67 details the process for confiscating and vesting property in the Administrator after a final order under section 65.
- S. 68Section 68 allows the Excise Commissioner to request information from connected individuals or establishments regarding unlawful liquor handling.
- S. 69(J) Whenever any liquor is manufactured, exported •
- S. 70Section 70 authorizes authorized Excise Officers to search, seize, arrest, or detain if there's a reasonable doubt of involvement in offenses under the regulation.
- S. 71Section 71 mandates police officers to secure seized items and apply criminal procedure for major offenses under the regulation.
- S. 73Section 73 makes certain offenses punishable by two years or more imprisonment non-bailable.
- S. 74Section 74 grants Magistrates the authority to summarily try certain offenses under the regulation, imposing up to six months' imprisonment or fines.
- S. 75Section 75 allows courts to order convicted individuals to execute a bond to abstain from future offenses for up to three years.
- S. 76Section 76 allows aggrieved parties to appeal excise decisions to higher authorities within 30 days, with possible extensions.
- S. 77Section 77 allows the appellate authority to consider new grounds and evidence in appeals, and to decide within six months or grant the relief by default.
- S. 78Section 78 mandates that the Appellate Authority's written order must detail determination points, decisions, and reasons, and notify the appellant and Excise Officer.
- S. 79Section 79 allows the Excise Commissioner to amend or review excise orders within six months, ensuring fairness by notifying and hearing affected parties before making changes.
- S. 81Section 81 allows an appeal against excise duties or penalties, requiring deposit unless hardship applies.
- S. 82Section 82 allows appeals to the High Court from excise orders by companies, the Administrator, or other aggrieved parties, with specific procedural requirements.
- S. 83Notwithstanding that an appeal had been p~~ferred
- S. 84Every person who manufactures or sells any liquor under a licence granted under this Regulation, shall be bound:-
- S. 85The Administrator can declare what is considered liquor and regulate or enforce prohibition on drinking in the territory.
- S. 87The Administrator may frame rules to regulate
- S. 88Section prohibits liquor advertisements but allows the Excise Commissioner to permit educative ads promoting responsible drinking.
- S. 89The Administrator can set maximum or minimum liquor sales limits for the Andaman and Nicobar Islands.
- S. 90Section 90 bars civil suits against the Administrator or officers for good faith actions under the excise regulation, and allows the Administrator to make rules for regulation implementation.
- S. 92Every rule made under this Regulation shall be laid,
- S. 93The section allows the Administrator to issue orders to address difficulties in implementing the regulation, subject to parliamentary review.
- S. 94Section 94 repeals certain sections and the schedule of the 1876 Regulation effective from the Regulations' commencement date.
- S. 95Section 95 validates past excise actions and duties under repealed provisions, disallowing refunds or enforcements, except in specific High Court-ordered cases.
- S. 96Section 96 preserves existing rules and notifications from the repealed 1876 Regulation until new ones are issued under the 2012 Regulation.
- S. 1944(38) "minor offences" means the offences other th'an major offences under this Regulation;