The EXCISE LAW OF BIHAR & JHARKHAND 1915
jharkhand · 1915
The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.
- S. 1Section permits serving foreign liquor to foreigners and tourists in approved hotels under specific conditions.
- S. 2Section 2 amends the Bihar Excise Act, 1915, to validate actions taken under a repealed ordinance and outlines conditions for licence fees for country liquor supply.
- S. 3Validation of levy of certain fees
- S. 4Section 4 exempts certain groups and purposes from excise laws, including defense personnel, foreign nationals, health permits, tribal brews, industrial intoxicants, and transit travelers.
- S. 5Section 5 defines the limits for retail and wholesale sales of intoxicants in Bihar and Jharkhand.
- S. 6Section 6 regulates export, import, transport, manufacture, sale, and possession of intoxicants under the Bihar and Orissa Excise Act, 1915.
- S. 7Section 7 outlines the administration and delegation of excise revenue collection and departmental control in Bihar and Jharkhand.
- S. 8Section 8 outlines the procedure for disposing of seized intoxicants and paying owners for surrendered stocks.
- S. 9Section 9 regulates the import of intoxicants in Bihar & Jharkhand, requiring state permission, condition compliance, and duty payment.
- S. 10Section 10 imposes penalties for violating the Excise Law, including imprisonment or fines, except between April 1, 1979, and ordinance publication.
- S. 11Section 11 validates actions taken under a 1979 Excise Department notification as if the Excise Ordinance was in force at that time.
- S. 12Section 12 regulates the import, export, or transport of intoxicants in Bihar and Jharkhand, requiring passes unless exempted by the State Government.
- S. 13License required for manufacture (a) No intoxicant shall be manufactured
- S. 14Drawing of tari in notified areas (1) Notwithstanding anything contained in the proviso to Sec
- S. 15The Excise Commissioner can establish or authorize distilleries, breweries, and warehouses for liquor storage.
- S. 16Section mandates a license for storing intoxicants in warehouses or storage places under the Act.
- S. 17Section 17 mandates payment of excise duty before removing intoxicants from licensed storage facilities.
- S. 18Section 18 prohibits possession of intoxicants not obtained from licensed vendors, except for specific authorized exceptions.
- S. 19Section 19 regulates possession and consumption limits of intoxicants for unlicensed individuals and licensed vendors, with exceptions for certain uses and types of liquor.
- S. 20Section 20 mandates a license for selling intoxicants and hemp portions, except for specific exemptions.
- S. 21Section prohibits liquor manufacturing and sale within military cantonments and nearby areas without commanding officer's consent.
- S. 22Section 22 grants the state government authority to exclusively license individuals for manufacturing, supplying, or selling country liquor, drugs, and other intoxicants.
- S. 22ASection 22A sets the cost price for country liquor, including various charges, by the State Government.
- S. 22BSection 22B validates the fixed cost price of country liquor and non-refundable warehouse maintenance charges in Bihar & Jharkhand excise law.
- S. 22CSection 22C overrides any conflicting court decisions or laws, giving precedence to the Excise Law of Bihar & Jharkhand 1915.
- S. 22DThe state government can grant exclusive rights to bottle and wholesale supply country liquor in specific zones.
- S. 22EThe section validates and deems the collection of a specific licence fee for wholesale country liquor supply, making it non-refundable.
- S. 22FSection 22F overrides any conflicting court decisions or laws to enforce the ordinance's provisions.
- S. 22GThe state government can grant exclusive rights to manufacture and wholesale spiced country liquor in specified areas, subject to licensing and fee conditions.
- S. 23Section 23 restricts transfer of excise privilege to approved persons and requires Collector's license.
- S. 24Repeal and Saving -(1) The Bihar and Orissa Excise (Amendment) Second Ordinance, 1985 (Bihar Ordinance no
- S. 25Employment of persons under the age of [twenty one] years or women b y licensed vendors
- S. 26Section 26 allows district and sub-divisional magistrates to temporarily close liquor shops for public peace.
- S. 27Section 27 empowers the State Government to impose excise or countervailing duties on imported, exported, transported, and manufactured excisable articles.
- S. 28Way of levying such duty Subject to any rules made under Sec
- S. 29Section 29 allows the State Government to accept payments for exclusive privileges instead of or in addition to excise duties.
- S. 30The section mandates the Collector to prepare a list of proposed retail spirit sale licenses for the next settlement period.
- S. 31Section 31 mandates the Collector to publish a list of proposed licensed shops for spirit or tari retail sale.
- S. 32Time for preparation and publication of such list The list mentioned in Sec
- S. 33Section 33 allows various entities to submit objections to excise proposals to the Collector before a specified date.
- S. 34Section 34 grants Collectors authority to issue retail spirit sale licenses and submits revised lists and objections to the Excise Commissioner.
- S. 35Section 35 makes the Excise Commissioner's decision on licenses and orders final, overriding previous Collector decisions.
- S. 36Application of Secs
- S. 37Exemption of certain licences from Secs
- S. 38Section 38 outlines the fees, terms, conditions, form, and duration for licenses, permits, and passes under the Excise Law.
- S. 39The Board can reduce license fees during the unexpired period if it deems appropriate.
- S. 40Section 40 mandates licensees to sign an agreement and provide security or deposit as required by the licensing authority.
- S. 41Section 41 states that licenses under the Excise Law are not invalid due to technical defects, irregularities, or omissions, with the Excise Commissioner's decision being final.
- S. 42Section 42 allows the authority to cancel or suspend licenses if duties are unpaid, terms breached, or the holder commits certain offenses.
- S. 44Section 44 allows licensed holders to surrender their excise licenses or privileges with a month's notice and payment of applicable fees, except for certain exclusive privileges.
- S. 45Section 45 prohibits renewal claims and compensation for licences granted under the Excise Law of Bihar & Jharkhand 1915.
- S. 46Section 46 allows the Collector to take over or transfer excise grants if licensees or exclusive privilege holders violate the Act or default on conditions.
- S. 47Penalty for unlawful import, export, transport, manufacture, possession, sale etc
- S. 48Section presumes the accused committed an offense if they can't satisfactorily account for possession of intoxicants or related manufacturing equipment.
- S. 49Section penalizes altering denatured spirits for human consumption, with imprisonment and fines up to three years.
- S. 50Presumption as to offence under Sec
- S. 51Section presumes any spirit with denaturant is denatured unless proven otherwise in prosecution.
- S. 52Section penalizes licensed manufacturers or vendors for adulterating intoxicants with prohibited substances, imposing imprisonment or fines.
- S. 53Section penalizes fraud by licensed manufacturers or vendors selling country liquor as foreign liquor.
- S. 54Section 54 penalizes licensed vendors for employing minors or women, selling to intoxicated individuals, and permitting unlawful activities on their premises.
- S. 55Section penalizes possession of untaxed intoxicants with imprisonment and fines, escalating for repeat offenses.
- S. 56Penalty for consumption in chemist's shop, etc
- S. 57Section penalizes licensees or their employees for failing to produce permits or breaching rules, with fines up to ₹500.
- S. 58Section 58 deems intoxicants imported, exported, transported, manufactured, sold, or possessed by one person for another as done by or for the other person, without absolving the first person from liability.
- S. 59Criminal liability of licensee for acts of servant When any offence punishable under Sec
- S. 60Imprisonment under Sec
- S. 61Section penalizes Excise Officers for vexatious searches, seizures, detentions, refusals of duty, or cowardice with imprisonment and fines.
- S. 62Section 62 imposes a fine up to 200 rupees for violations of the Excise Law not otherwise specified.
- S. 63Section 63 makes proceedings under the Excise Law before specified officers as judicial for contempt of court purposes.
- S. 64Section penalizes attempts or aiding in offenses under the Excise Law of Bihar & Jharkhand 1915.
- S. 65Section doubles the punishment for repeat offenders convicted under specified sections after a prior conviction.
- S. 66Section 66 of the Excise Law of Bihar & Jharkhand 1915 makes items used in illegal liquor activities and related conveyances liable for confiscation.
- S. 67Section 67 allows Magistrates or Collectors to order confiscation or fines for goods liable under Section 66, with due process and sale options if applicable.
- S. 68Section 68 allows the Collector or empowered Excise Officer to compound offences or release confiscated property for payment.
- S. 69Power to enter and inspect, and power to test and seize measures etc
- S. 70Section 70 authorizes specified officers to arrest without warrant, seize contraband, and conduct searches for excise offenses.
- S. 71Section 71 authorizes the Collector or empowered Magistrate to issue arrest warrants for individuals suspected of violating specified excise sections.
- S. 72Section 72 authorizes Collectors or Magistrates to issue search warrants for contraband related to specified offenses.
- S. 73Section 73 allows Collectors or Magistrates to arrest or search without a warrant in certain circumstances.
- S. 74Section 74 allows Excise Officers to search without a warrant if they suspect an offense under specified sections and obtaining a warrant would allow the offender to escape.
- S. 75Section mandates police, salt, customs, land-revenue officers, and village officials to inform and assist Excise Officers in enforcing the Excise Act.
- S. 76Owners and occupiers of land must report unlicensed intoxicant or hemp plant manufacturing to relevant authorities.
- S. 77Section 77 allows Collectors and specially empowered Excise Officers to investigate certain offenses without a Magistrate's order.
- S. 78Section 78 grants Excise Officers powers similar to police officers to investigate excise offences and can stop proceedings without magistrate referral.
- S. 79Section 79 allows for bail and security for arrest warrants under the Excise Law of Bihar & Jharkhand 1915, except for specified non-bailable offenses.
- S. 80Section 80 mandates the production of seized goods and arrested individuals to specified officers for investigation or bail release.
- S. 81Section 81 mandates police to safely store seized articles pending investigation by a magistrate, collector, or excise officer.
- S. 82Section mandates Excise Officers to report arrests, seizures, or searches to the Collector and relevant Excise Officer within 24 hours.
- S. 83Section 83 allows any officer chosen by the Collector to execute warrants issued by the Collector.
- S. 84Section 84 mandates that arrested individuals must be produced before a Magistrate within 24 hours and cannot be detained beyond this period without Magistrate's authority.
- S. 85Section 85 applies certain provisions of the Criminal Procedure Code to excise law enforcement in Bihar & Jharkhand.
- S. 86Section 86 specifies that only certain Magistrates can try offences under the Excise Law.
- S. 86ASection 86A specifies that offenses under the Bihar and Orissa Excise Act post-publication are punished according to existing scales.
- S. 87Section 87 restricts magistrates from initiating certain excise prosecutions without specific reports or complaints from authorized officers.
- S. 88Section 88 prevents transfer of trial to another court when a non-collector magistrate investigates an offense reported by specified officers.
- S. 89Section 89 empowers the State Government to create rules for various aspects of excise administration, including officer duties, appeals, and intoxicant trade regulations.
- S. 90Section 90 empowers the Board to create rules for regulating various aspects of intoxicant production and control.
- S. 91Section 91 allows the Board to exercise its powers as needed, and Section 92 states rules and notifications under this Act are published in the Official Gazette.
- S. 93Section 93 allows recovery of excise revenue, losses, and dues by distress and sale of property or prescribed land revenue recovery methods.
- S. 94Section 94 allows the State Government to exempt intoxicants from excise duties and Act provisions for specific areas or times.
- S. 95Section 95 prevents civil suits against the government or excise officers for actions done in good faith under the Excise Act.
- S. 96Section 96 limits civil suits against the government and restricts prosecutions against Excise Officers to six months without state sanction.
- S. 97Section 97 exempts licensed distilleries and breweries from the application of a specific Bengal Act provision.
- S. 98Bengal Act, V of 1909 to cease to be in force, but orders, rules etc