The DELHI EXCISE ACT, 2009
delhi · 2010
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- S. 1Short title, extent and commencement (1) This Act may be called the Delhi Excise Act, 2009
- S. 2Section 2 defines key terms used in the Delhi Excise Act, 2009, including alcohol, alcoholic beverage, and BIS standards.
- S. 3The section allows the government to appoint an Excise Commissioner as the chief authority for administering the Act.
- S. 4Section 4 outlines the Excise Commissioner's duties to regulate and monitor liquor trade, curb illegal activities, and ensure revenue protection.
- S. 5The section allows the government to appoint various excise officers and staff to perform duties under the Delhi Excise Act.
- S. 6Section establishes an Excise Intelligence Bureau to gather and monitor information on excise offenses and offenders.
- S. 7Section 7 designates the Deputy Commissioner as the licensing authority under the Delhi Excise Act, 2009.
- S. 8The section allows the government and commissioners to delegate and withdraw their powers under the act to subordinate officers.
- S. 9The section grants the government authority to assign excise officer duties to non-excise officers via notification.
- S. 10Reward for seizure of intoxicants and vehicles, etc
- S. 11Prohibition of import, export, transport, manufacture, possession, sale, etc
- S. 12Section 12 of the Delhi Excise Act, 2009 grants letters of intent, licenses, or permits upon prescribed fees, conditions, and restrictions.
- S. 13Section 13 outlines qualifications for obtaining an excise license, including citizenship, moral character, solvency, and premises suitability.
- S. 14Section 14 allows the Delhi Excise Act to require licensees to provide security and execute a counterpart agreement for their license terms.
- S. 15Section 15 states that technical defects in licences or permits do not invalidate them, and the licensing authority's decision is final.
- S. 16The section allows the authority to withdraw a licence or permit after notice or immediately, with refund of fees.
- S. 17Section 17 allows the suspension or cancellation of excise licenses or permits for various violations, including non-payment and fraud.
- S. 18Section 18 bars renewal and compensation claims for expired licenses or permits in Delhi Excise Act.
- S. 19Section 19 mandates a one-month notice for license surrender, with fee payment unless the authority waives it for valid reasons.
- S. 20Section 20 prohibits transfer of excise licences or permits without prior licensing authority approval.
- S. 21Grant of exclusive privilege of manufacture, etc
- S. 22Removal of liquor from manufactory, warehouse, etc
- S. 23Section prohibits sale of liquor to individuals who appear to be under 25 years old.
- S. 24Section prohibits licensees from employing individuals under 21 or with contagious diseases.
- S. 25Section 25 allows authorized officers to close liquor shops temporarily to maintain public peace, with limits on total closure days per year.
- S. 26Section 26 outlines the components of excise revenue, including duty, licence fee, label registration fee, and import/export fee.
- S. 27Section 27 of the DELHI EXCISE ACT, 2009 imposes excise, countervailing, and special duties on intoxicants produced, manufactured, transported, or imported into Delhi.
- S. 28Section 28 allows the Government to adjust excise duty on intoxicants immediately and seek Legislative Assembly approval.
- S. 29Section 29 allows recovery of unpaid excise duty and levies from defaulters' property and permits sale of their assets to satisfy the dues.
- S. 30Section 30 imposes a 12% annual interest on overdue excise revenue payments.
- S. 31Section 31 allows the Excise Commissioner to reduce or waive interest if it would cause hardship and the person cooperated in recovery proceedings.
- S. 33Penalty for unlawful import, export, transport, manufacture, possession, sale, etc
- S. 34Section penalizes rendering denatured spirit fit for human consumption with up to five years imprisonment and fine.
- S. 35Section penalizes mixing harmful substances with liquor, with severe penalties including life imprisonment for causing death.
- S. 36Section 36 allows courts to order compensation for deaths or injuries caused by consumed liquor, regardless of conviction, with appeals to High Court possible.
- S. 37Section penalizes selling Indian liquor falsely labeled as foreign with up to six months imprisonment and a fine.
- S. 38Penalty for possession of liquor unlawfully imported, non-duty paid, etc
- S. 39Section penalizes chemists and consumers for allowing unmedicated liquor to be consumed on business premises.
- S. 40Section penalizes consumption of liquor in public places, drunkenness, and unsocial assemblies in liquor establishments with fines and imprisonment.
- S. 41Section penalizes unlawful liquor advertisements with up to six months' imprisonment and/or a fine, except for approved catalogues and price lists.
- S. 42Section penalizes selling liquor to or employing minors under 21 in Delhi.
- S. 43Section penalizes assaulting or obstructing excise officers with up to one year imprisonment and a fine of up to one lakh rupees.
- S. 44Section 44 holds employers liable for employee or agent offenses unless they prove precautions were taken.
- S. 45Section 45 penalizes the manufacture, sale, or possession of intoxicants on behalf of another person.
- S. 46Section 46 imposes imprisonment and fine for non-payment of excise duty or fee under the Delhi Excise Act, 2009.
- S. 47Penalty for allowing premises, etc
- S. 48Section 48 imposes half the penalty for attempting to commit an offense under the DELHI EXCISE ACT, 2009.
- S. 49Section penalizes excise officers for vexatious searches, seizures, detentions, or arrests without reasonable suspicion.
- S. 50Section penalizes Delhi excise officers for refusing duties without lawful excuse, imposing imprisonment or fines.
- S. 51Section 51 imposes up to six months' imprisonment or a fine of up to ₹10,000 for violations not specifically penalized elsewhere in the Act.
- S. 52Section presumes accused guilty of an offence if they can't satisfactorily account for possession of certain items, and owners of vehicles used in offences are deemed guilty unless they prove due care.
- S. 53Section 53 doubles the punishment for repeat offenders previously convicted under the Delhi Excise Act, 2009.
- S. 55Section 55 allows Metropolitan Magistrates to impose enhanced penalties under the Delhi Excise Act, exceeding limits set by the Code of Criminal Procedure.
- S. 56Section 56 of the DELHI EXCISE ACT, 2009 holds companies and responsible individuals liable for offences, with specific provisions for directors and managers.
- S. 57Compounding of certain offences (1) Minor offences shall be compoundable under this Act
- S. 58Section 58 of the Delhi Excise Act, 2009, mandates confiscation of items used in or related to excise offenses.
- S. 59Section 59 empowers the Deputy Commissioner to order confiscation or destruction of seized property if an offense under the Delhi Excise Act is committed.
- S. 60Section 60 allows for confiscation and destruction of goods without affecting other penalties and permits preservation of samples and photos for evidence.
- S. 61Section 61 bars any court from making orders regarding seized property used in an offence under the Delhi Excise Act.
- S. 62Section 62 allows statements made to excise officers to be used in court if the declarant is unavailable or for justice.
- S. 63Section 63 allows the Excise Commissioner to order connected persons to provide specified information about unlawful intoxicant handling.
- S. 64Section mandates landholders and officers to report and assist in enforcing the DELHI EXCISE ACT against liquor violations.
- S. 65Section 65 authorizes excise officers to search, seize, and arrest individuals suspected of violating the Delhi Excise Act.
- S. 66Section mandates police officers to safely store seized articles pending court or authority order, allowing excise officers to seal and sample them.
- S. 67Section 67 makes major offences under the Delhi Excise Act cognizable, applying the Code of Criminal Procedure.
- S. 68Section makes all offences punishable by two years or more imprisonment non-bailable.
- S. 69Section 69 allows Metropolitan Magistrates to try certain Delhi Excise Act offenses summarily, with limited imprisonment.
- S. 70Section 70 mandates courts to require convicted individuals to execute bonds to abstain from future offenses, with conditions and duration up to three years.
- S. 71Section 71 allows excise officers to review their own orders if errors or omissions are found, after giving affected parties a chance to respond.
- S. 72Section 72 outlines the appeal process for decisions made under the Delhi Excise Act, allowing aggrieved parties to appeal to higher authorities within 30 days.
- S. 73Section 73 mandates that the appellate authority's written order must detail the appeal's determination, decision, and reasons, and notify both parties involved.
- S. 74Section 74 requires payment of excise revenue before filing an appeal, with exceptions for hardship cases.
- S. 75The DELHI EXCISE ACT, 2009 allows the Excise Commissioner to review and revise decisions made by subordinate officers, ensuring fairness and legality.
- S. 76The section allows the government to declare what substances will be considered as liquor under the Act.
- S. 77Section 77 empowers the Government to regulate drinking and enforce prohibition in Delhi.
- S. 78Power of Government to regulate molasses, black jaggery, mahua flower, etc
- S. 79Power to regulate advertisement No advertisement, direct or surrogate, shall be made for promoting consumption of liqu
- S. 80Section 80 bars suits for damages against the government for actions done in good faith under the Delhi Excise Act.
- S. 81Section 81 empowers the Government to create rules for implementing the Delhi Excise Act, covering various aspects of intoxicant regulation.
- S. 82Section 82 allows the Government to issue orders to resolve Act implementation issues, but only within two years of commencement.
- S. 83Section 83 repeals the Punjab Excise Act, 1914 in Delhi but preserves penalties, investigations, and legal proceedings incurred under it.