The ARUNACHAL PRADESH EXCISE ACT, 1993

arunachal-pradesh · 1993

The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.

S. 1the expiration of one month notice in writing given by him to the Collector of his intention to surrender it, and ii
S. 2Section 2 defines key terms used in the Arunachal Pradesh Excise Act, 1993, including alcoholic liquors, denaturants, and excise duty.
S. 3The section allows the State Government to define "country liquor" and "foreign liquor" for the Act.
S. 4Section 4 sets limits on retail sales of intoxicants in Arunachal Pradesh, deeming excess sales as wholesale.
S. 5Section 5 outlines the administration and delegation of excise revenue collection and departmental roles in Arunachal Pradesh.
S. 6(1) The Collector shall in respect of all proceedings under this Act, be subject to the control of the Excise Comm
S. 7Section 7 prohibits intoxicant import but allows exceptions for Armed/Para-military forces and special state government permissions.
S. 8Section 8 prohibits export of intoxicants but allows exceptions for Armed forces, scientific uses, and with State Government approval.
S. 9Licence required for manufacture: (a) No intoxicant shall Licence be manufactured
S. 11Section 11 outlines the powers, duties, and regulations for Excise Department officers, appeals process, and licensing for intoxicants.
S. 12Section 12 prohibits removal of intoxicants from licensed storage without paying excise duty or providing a bond for payment.
S. 13—
S. 14Section 14 regulates licensed vendors' possession of intoxicants and allows the State Government to prohibit distillery possession for health or public order reasons.
S. 15Section 15 regulates the sale of intoxicants and hemp plant portions, requiring licenses from the Excise Commissioner for sales except for specific exemptions.
S. 16Section 16 prohibits liquor manufacturing or sale licenses in military cantonments without Commanding Officer's consent.
S. 17Section 17 grants exclusive privileges for manufacturing and selling liquor or drugs, subject to public notice and objections.
S. 18Section 18 restricts the transfer of excise privileges and mandates licensed manufacturers to use prescribed standard measures for intoxicants.
S. 20Section 20 prohibits employing minors or women without permission to work in premises selling country liquor.
S. 21Section 21 empowers magistrates to temporarily close liquor shops to maintain public order and prevent riots.
S. 22Power to impose duty
S. 23Section 23 outlines methods for levying excise duty on imported, exported, or transported excisable goods in Arunachal Pradesh.
S. 24The Arunachal Pradesh Excise Act, 1993 allows the State Government to set a fixed payment instead of or in addition to excise duty for exclusive privileges.
S. 25Section 25 requires the Collector to gauge local public opinion on licensing and shop locations before granting retail sale licenses for intoxicants.
S. 26Every licence, permit or pass under this Act shall be granted for such period as may be prescribed
S. 27Section 27 allows licensing authorities to require licensees to execute agreements and provide security or deposits.
S. 28Section 28 states that technical defects in licenses are not invalidating and the Excise Commissioner's decision on such matters is final.
S. 29Section 29 allows the cancellation or suspension of licenses, permits, or passes by the authority if not properly transferred, duties unpaid, terms breached, or the holder convicted of certain offenses.
S. 30Section 30 allows the authority to withdraw excise licenses for reasons other than those in section 29, with or without notice, and mandates compensation and refund of deposits.
S. 31Section 31 allows licensed sellers of intoxicants to surrender their licenses unless they are at risk of cancellation or suspension.
S. 32Section 32 states that a licensee cannot claim renewal or compensation upon termination of their excise license.
S. 33Section 33 allows the Collector to take over or transfer excise licenses or privileges for violations or surrender.
S. 34Section penalizes violations of the Arunachal Pradesh Excise Act, including import, export, manufacture, possession, and sale of intoxicants and hemp plants.
S. 35Section 35 holds company officers liable for offenses committed by the company, unless they prove lack of knowledge or due diligence.
S. 36Section presumes accused committed offense if they possess intoxicants, related tools, or materials without satisfactory explanation.
S. 37Section penalizes altering denatured spirits for human consumption, imposing up to two years' imprisonment or a fine of up to ₹5,000.
S. 38Section presumes accused's involvement in altering denatured spirit unless disproven.
S. 39Section presumes denaturant-containing spirits in prosecutions under the Act derive from denatured spirit unless proven otherwise.
S. 40Section 40 penalizes mixing prohibited substances with intoxicants by licensed manufacturers or vendors, with imprisonment up to 18 months or fines up to ₹3,000.
S. 41Section 41 penalizes selling or misrepresenting country liquor as foreign liquor, with imprisonment up to 18 months or a fine up to ₹2,000.
S. 42Section penalizes licensed vendors for allowing under-age sales, intoxication, gambling, and presence of convicted persons or prostitutes on their premises.
S. 43Section 43 penalizes possession of untaxed or illegally imported intoxicants with imprisonment and fines.
S. 44Section penalizes unauthorized consumption and sale of unmedicated intoxicants in pharmacies with fines and imprisonment.
S. 45Section penalizes licensees or their employees for failing to produce licenses or violating rules, with fines up to ₹2,000.
S. 46Section 46 holds a person accountable for intoxicants if they are imported, transported, manufactured, sold, or possessed on behalf of another.
S. 47Section 47 holds license holders liable for offenses committed by their employees unless they prove precautions were taken.
S. 48Section 48 of the Arunachal Pradesh Excise Act, 1993, states that only the actual offender can be imprisoned under sections 46 or 47, unless a fine is paid.
S. 49Section 49 penalizes Excise Officers for misconduct like unauthorized searches, unnecessary seizures, or failure to perform duties.
S. 50Section 50 imposes a fine up to 200 rupees for violations of the Arunachal Pradesh Excise Act, 1993 not otherwise penalized.
S. 51Section 51 deems proceedings before specified officers as judicial for penal and criminal procedure purposes.
S. 52Section 52 penalizes anyone who aids or attempts to commit an offense under the Arunachal Pradesh Excise Act.
S. 53Repeat offenders of specified excise violations face double the punishment for subsequent convictions.
S. 54Section 54 of the Arunachal Pradesh Excise Act, 1993, mandates the confiscation of any items used in or related to the commission of an offense punishable under the Act.
S. 55Section 55 allows Magistrates to order confiscation or fines for items liable to confiscation, with Collectors handling cases where the owner is unknown.
S. 56Section 56 allows the Excise Commissioner or empowered officers to accept payment in lieu of license cancellation or suspension, or seized property release for a specified amount.
S. 57Section 57 authorizes specified officers to enter and inspect licensed intoxicant manufacturing and storage facilities.
S. 58Section 58 allows specified officers to arrest without a warrant for specified offenses or obstruction.
S. 59Section 59 allows the Collector or Magistrate to issue arrest warrants for suspected violations of specified sections.
S. 60Section 60 authorizes officers to issue search warrants for evidence related to specified offenses under the Arunachal Pradesh Excise Act.
S. 61Section 61 grants Collectors and Magistrates power to arrest and search without warrants for offenses under the Arunachal Pradesh Excise Act.
S. 62Section 62 allows specified Excise Officers to search and seize contraband without a warrant if they suspect an offense under the Act.
S. 63Police and Excise Officers must report breaches of the Arunachal Pradesh Excise Act and assist Excise Officers upon request.
S. 64Section 64 mandates landowners and agents to report illegal cultivation or collection of hemp to a magistrate or excise/police officer.
S. 65Section 65 allows Collectors and designated Excise Officers to investigate specified offences without a Magistrate's order.
S. 66Section 66 grants Collectors and empowered Excise Officers powers akin to police officers to investigate and stop proceedings for certain excise offences.
S. 67Section 67 allows Collectors to release arrested persons on bail or bond if they agree to attend investigations.
S. 68Section 68 mandates the production of seized articles and arrested persons before specified officers for investigation or bail release.
S. 69Section 69 mandates police officers to safely store seized items pending investigation and allows excise officers to affix seals and take samples.
S. 70Section mandates excise and police officers to report arrests, seizures, or searches to the Collector and relevant Excise Officer within 24 hours.
S. 71Any warrant issued by a Collector may be executed by any officer selected by the Collector for the purpose
S. 72Section 72 limits the detention period of arrested persons under the Arunachal Pradesh Excise Act to 24 hours.
S. 73Section 73 applies criminal procedure code provisions for arrests, searches, and detentions under the Arunachal Pradesh Excise Act.
S. 74Section 74 specifies that only second-class or higher magistrates can try offenses under the Arunachal Pradesh Excise Act.
S. 75Section 75 restricts magistrates from investigating certain excise offenses without specific reports or complaints from authorized officials.
S. 76Section 76 exempts certain officers from the application of the Code of Criminal Procedure in cases where a Magistrate investigates offences under the Arunachal Pradesh Excise Act.
S. 77(l) The State Government may make rules to carry out the objects of this Act
S. 78Section 78 mandates that all rules and notifications under the Arunachal Pradesh Excise Act take effect from their publication date in the Arunachal Pradesh Gazette.
S. 79Section 79 allows recovery of excise revenue and related losses as land revenue arrear and grants Collector powers to recover dues from grantees.
S. 80The section allows the State Government to exempt certain intoxicants from the Act's provisions in specific areas or times.
S. 81Section 81 bars civil suits against Arunachal Pradesh officials for actions taken in good faith under the Excise Act.
S. 82Section 82 bars civil courts from trying suits against the government or excise officers for actions under the Act, except with state government approval.
S. 111IV