The Assam Excise Act, 2000
assam · 2000
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- S. 2Section 2 defines key terms used in the Assam Excise Act, 2000, including "beer," "to bottle," "club," "Collector," "denaturant," and "excisable articles."
- S. 3The section allows the State Government to declare what constitutes Country Liquor and Foreign liquor under the Act.
- S. 4Section 4 allows the State Government to set retail and wholesale limits for intoxicant sales in specified areas or for specific groups.
- S. 7Section 7 allows appeals against orders from specified authorities to the Assam Board of Revenue.
- S. 8Section 8 prohibits the import of intoxicants in Assam without state permission, imposed conditions, and duty payment.
- S. 9Section 9 prohibits exporting or transporting intoxicants without paying applicable duties or providing a bond for payment.
- S. 10The State Government may, by notification,— import, export and transport
- S. 11Section 11 allows the State Government to ban liquor advertisements and related publications in specified areas.
- S. 12Section 12 regulates the import, export, and transport of intoxicants, requiring passes for quantities exceeding state-prescribed limits.
- S. 13Section 13 authorizes the Collector or a specially authorized officer to issue passes for importing, exporting, or transporting intoxicants.
- S. 14Section 14 prohibits the manufacture and sale of intoxicants and cultivation of hemp without a license, except for specific traditional uses.
- S. 15Section 15 authorizes the Excise Commissioner to establish, license, and discontinue distilleries, breweries, and warehouses for spirits and intoxicants.
- S. 16Section 16 regulates possession of intoxicants in Assam, allowing it only under specific licenses or permits, except for certain private or non-commercial uses.
- S. 17Section 17 regulates the sale of intoxicants in Assam, requiring licenses and specifying exceptions for certain sales.
- S. 18The Assam Excise Act, 2000 allows the State Government to grant exclusive manufacturing or supply privileges for country liquor or drugs, subject to obtaining a license.
- S. 19Section 19 prohibits liquor manufacturing or sale in military cantonments without the Commanding Officer's consent.
- S. 20An excise duty or a countervailing duty, as the case articles
- S. 21Section 21 outlines the specific conditions and locations for levying excise duty on various excisable articles in Assam.
- S. 22The Assam Excise Act, 2000 allows the State Government to accept payments for granting exclusive privileges instead of or in addition to excise duties.
- S. 23Section 23 allows the State Government to continue levying certain duties on alcohol and imported excisable articles until Parliament otherwise directs.
- S. 24Section 24 converts old licenses from the 1910 Act into new ones under the 2000 Act, unless canceled or surrendered.
- S. 25Every licence, permit or pass granted under this ditions of li- Act -- censes etc
- S. 26Section 26 grants the State Government authority to direct the cancellation of shop settlement tenders and to withdraw shops from settlement without assigning reasons.
- S. 27Section 27 mandates licensees to sign an agreement and provide security as required by the licensing authority.
- S. 28Section 28 ensures licenses under the Assam Excise Act are not invalidated by minor defects, with final judgment on such issues resting with the State Government.
- S. 29The section requires the Collector to gauge local public opinion before granting liquor retail licenses.
- S. 30Section 30 allows the cancellation or suspension of excise licenses if duties are unpaid, prices are excessive, terms are breached, or certain offenses are committed.
- S. 31Section 31 allows the authority to cancel a license with or without notice and mandates compensation and refund of fees if applicable.
- S. 32Section 32 allows license holders to surrender their licenses with a one-month notice, with no right to renew.
- S. 33Section 33 of The Assam Excise Act, 2000 denies renewal or compensation claims for excise licenses.
- S. 34Section 34 mandates licensed manufacturers and sellers of intoxicants to use prescribed measures and comply with Excise Officer inspections.
- S. 35Section 35 allows the Collector to seize or resell privileges or licenses for unpaid fees or non-compliance.
- S. 36Section 36 allows recovery of excise revenue and losses through distress sale of debtor's property.
- S. 37Section 37 authorizes specified officials to inspect licensed manufacturers and sellers of intoxicants at any time.
- S. 38Section 38 authorizes specified officers to arrest without warrant and seize contraband in public places for specified offenses.
- S. 39Section 39 authorizes a Collector or Magistrate to issue warrants for searches and arrests related to specified excise offenses.
- S. 40Section 40 authorizes Collectors or Magistrates to search places and arrest individuals for offenses under the Assam Excise Act, 2000.
- S. 41Section 41 authorizes designated Excise or Police Officers to search and seize evidence without a warrant if they suspect an offense related to prohibited substances.
- S. 42Section 42 allows a Collector to investigate certain offenses without a Magistrate's order.
- S. 43Section 43 allows designated officers to investigate excise offenses and exercise police powers for specified violations.
- S. 44Section 44 outlines procedures for producing arrested persons and seized articles before designated officials for investigation or bail.
- S. 45Section 45 mandates police officers to safely store seized articles and seal samples during investigations under the Assam Excise Act, 2000.
- S. 46Section 46 mandates Excise Officers to report arrests, seizures, or searches to the Collector within 24 hours.
- S. 47Section 47 allows the application of criminal procedure code provisions for arrests and searches under the Assam Excise Act, 2000.
- S. 48Section 48 limits the detention period for arrested individuals under the Assam Excise Act to 24 hours.
- S. 49Section 49 outlines procedures for bail and bonds in arrests under the Assam Excise Act, 2000.
- S. 50Section 50 mandates specified officers to report violations of the Assam Excise Act and assist Excise Officers.
- S. 51Section 51 mandates local officials and residents to report illegal intoxicant manufacturing or hemp cultivation to authorities.
- S. 52Section 52 allows district magistrates to close liquor shops temporarily to maintain public peace.
- S. 53Section 53 penalizes various illegal activities related to the manufacture, possession, and sale of intoxicants other than traditional Assamese drinks tari and pachwai.
- S. 54Section 54 penalizes possession of illegally imported, transported, or manufactured intoxicants without duty payment with imprisonment and fine.
- S. 55Section penalizes altering denatured spirits for human consumption, imposing up to three months' imprisonment or a fine.
- S. 56Section 56 penalizes licensees or their employees for violating specific rules, with imprisonment up to two years, fine, or both.
- S. 57Section 57 penalizes selling or marking country liquor as foreign liquor under the Assam Excise Act, 2000.
- S. 58Section 58 penalizes license holders or their employees for failing to produce licenses or breaching conditions, with fines up to ₹10,000.
- S. 59Section 59 makes the license holder liable for offenses committed by employees unless they prove precautions were taken.
- S. 60Section 60 holds a person accountable for intoxicants if they know or should know the activity is on another's behalf.
- S. 61Section 61 penalizes chemists or druggists for allowing unmedicated intoxicants to be consumed on their premises by unauthorized individuals.
- S. 62Section 62 penalizes Excise Officers for improper searches, seizures, detentions, or neglecting duties without lawful excuse.
- S. 63Section 63 penalizes owners or occupiers permitting premises for illegal liquor activities, with up to two years' imprisonment and fines.
- S. 64Section 64 imposes a fine up to 2,000 rupees for willfully violating any provisions of the Assam Excise Act, 2000.
- S. 65Whoever attempts to commit any offence punishable under this Act shall be liable to the punishment provided for such o
- S. 66Section 66 penalizes abetment of offenses under the chapter with the same punishment as the offense itself.
- S. 67Section 67 doubles the punishment for repeat offenses by those previously convicted under specified sections.
- S. 68Section 68 allows courts to order convicted individuals to execute a bond to abstain from specified offenses for up to three years.
- S. 69Section 69 specifies conditions under which Magistrates can take cognizance of certain excise offenses in Assam.
- S. 70Section 70 specifies that offenses under the Assam Excise Act, 2000 are to be tried by Magistrates of at least Second Class.
- S. 71Section 71 presumes possession of intoxicants or related materials without explanation indicates illegal possession, and vendors must prove steps to prevent intoxication.
- S. 72Section presumes accused made alterations or knows they were made if in possession of denatured spirit in prosecutions.
- S. 73Section presumes spirits with denaturant in prosecutions under the Assam Excise Act, 2000, unless proven otherwise.
- S. 74Section 74 of the Assam Excise Act, 2000 mandates confiscation of intoxicants, tools, and conveyances used in offenses under the Act.
- S. 75Section 75 outlines procedures for confiscation or return of seized items under the Assam Excise Act, 2000.
- S. 76Section 76 allows the Assam Excise Commissioner or Collector to accept fines instead of enforcing penalties or prosecutions for certain offenses, up to ₹5,000.
- S. 77Section 77 treats proceedings before a Collector under the Assam Excise Act as judicial for penal and criminal procedure purposes.
- S. 78Section exempts bona fide medicated articles for medicinal purposes from the Act's provisions, unless the State Government specifies otherwise.
- S. 79The State Government can exempt any intoxicant from certain provisions of the Act for specific areas, times, or groups.
- S. 80Section 80 exempts breweries, distilleries, and warehouses under the Assam Excise Act from the provisions of the Assam Municipal Act, 1956.
- S. 81Section 81 mandates that all rules and notifications under the Assam Excise Act must be published in the official Gazette to become effective.
- S. 82Section 82 protects government and excise officers from lawsuits for actions taken in good faith under this Act or related laws.
- S. 83Section 83 limits legal actions against the government or officers to six months for actions related to excise revenue.
- S. 84Section 84 empowers the Assam State Government to create rules for implementing the Assam Excise Act, 2000, including regulations on alcohol production, sale, and control.
- S. 1974Section 1974 allows empowered officers to halt proceedings against offenders and submit reports to Magistrates.
- S. 2000(2) (1) This Act may be called the Assam Excise Act, It extends to the whole of Assam