The Telangana Excise Act, 1968.
telangana · 1968
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- S. 1The Andhra Pradesh Excise Act, 1968 received the assent of the President on the 26th August, 1968
- S. 2Section defines "arrack" as all liquor produced or manufactured in India and supplied by the government.
- S. 3Section 3 appoints a Commissioner as the chief authority for the Prohibition and Excise Department in Telangana.
- S. 4Adapted by G
- S. 5Section 5 designates the Assistant Commissioner of Prohibition and Excise as the authority for enforcing excise regulations.
- S. 6Substituted by Act No
- S. 7Section 7 designates Assistant Excise and Assistant Prohibition and Excise Superintendent roles.
- S. 8Section 8 allows the Commissioner, Collector, or District Prohibition and Excise Officer to delegate powers and functions to subordinates, subject to specified conditions.
- S. 9Section 9 regulates the import of intoxicants in Telangana, requiring permits and excise duties, with exceptions and permit cancellations.
- S. 10Inserted by Act No
- S. 11Substituted by Act No
- S. 12Section 12 authorizes certain officers to issue permits for transporting intoxicants, specifying conditions and limits.
- S. 13Section 13 prohibits the manufacture of intoxicants without a license, except for bona fide home consumption.
- S. 14Substituted by Act No
- S. 15Section 15 prohibits the sale or purchase of intoxicants without a license, except for private use, and specifies licensing authorities.
- S. 16Section 16 authorizes the Commissioner to establish, continue, or discontinue distilleries and warehouses for spirits, subject to government conditions and approval.
- S. 17Inserted by Act No
- S. 18Section 18 mandates licensed manufacturers and sellers of intoxicants to maintain specified equipment and comply with testing by authorized officers.
- S. 19Section 19 prohibits licensed sellers from employing children or people with contagious diseases in intoxicant sales premises.
- S. 20Section 5 along with marginal heading substituted by Act No
- S. 21The section allows the government to levy excise duty, countervailing duty, and fees on imported excisable articles.
- S. 22Section 22 outlines the modes for levying excise and countervailing duty on various goods.
- S. 23Substituted by Act No
- S. 24Section 24 requires owners to notify the Commissioner if they refuse to allow tapping of excise trees in areas where duty is levied.
- S. 25Omitted by Act No
- S. 26Section 26 specifies the rent for excise trees and mandates its payment to the entitled owner.
- S. 27Section 17 with marginal heading substituted by Act No
- S. 28Section 28 outlines the fees, conditions, and accommodations for permits and licenses under the Telangana Excise Act, 1968.
- S. 29Substituted by Act No
- S. 30Section 30 states that technical defects in licenses are not invalidating, and the Commissioner's judgment on such issues is final.
- S. 31Section 31 allows the authority to cancel or suspend licenses or permits under the Act, regardless of their duration.
- S. 32Section 32 allows the authority to withdraw a license with 30 days notice, refunding part of the fee for the unexpired term.
- S. 33Substituted by G
- S. 34Penalties for illegal import, etc
- S. 35Section penalizes rendering denatured spirits fit for consumption with up to five years imprisonment and a fine.
- S. 36Section 36 penalizes licensees or employees for failing to produce permits, breaching conditions, contravening rules, or allowing prohibited conduct on premises.
- S. 37Section 37 penalizes licensed vendors or manufacturers for adulterating intoxicants, mislabeling Indian Made Foreign Liquor, or falsely marking products as foreign liquor.
- S. 37APenalty for adulteration resulting in death etc
- S. 37BOrder to pay compensation
- S. 38Section 38 penalizes unauthorized consumption and sale of unmedicated intoxicants in pharmacies with fines and imprisonment.
- S. 39Section 39 deems intoxicants manufactured or sold on behalf of another person as belonging to that person, but does not absolve the actual manufacturer, seller, or possessor from liability.
- S. 40Substituted by Act No
- S. 40APenalty for false statement made in declaration or affidavit
- S. 41Section 41 penalizes violations of the Telangana Excise Act with up to six months imprisonment and a fine of up to five thousand rupees.
- S. 42Section presumes guilt in prosecution for certain offenses related to intoxicants and their manufacture.
- S. 43Section 43 makes the license holder liable for offenses committed by employees or those using their property for illegal activities under the Act.
- S. 43APunishment for allowing premises etc
- S. 44Section 44 imposes double punishment for repeat offenders convicted under specified sections of the Telangana Excise Act, 1968.
- S. 45Section 45 of the Telangana Excise Act, 1968, mandates confiscation of items used in or related to offenses and requires prompt court review of seized property.
- S. 46Added by Act No
- S. 46ASection 46A mandates notice and opportunity for representation before property confiscation under section 46.
- S. 46BSection 46B allows the District Prohibition and Excise Officer to order confiscation of unaccounted property after a one-month waiting period.
- S. 46CSection 46C allows appeals against certain orders from the Deputy Commissioner to the Commissioner of Prohibition and Excise within 60 days.
- S. 46DSection 46D allows criminal proceedings under the Act despite confiscation orders, with results not affecting confiscation.
- S. 46ESection 46E grants exclusive jurisdiction to the Deputy Commissioner and appellate authority for handling excisable goods, barring court intervention.
- S. 46FSection 46F vests confiscated property in the Government free from all encumbrances after a final order.
- S. 47Inserted by Act No
- S. 48Substituted by Act No
- S. 49Inserted by Act No
- S. 50Section 50 penalizes aiding escapes or offenses against the Telangana Excise Act, imposing imprisonment up to one year.
- S. 51Section 51 penalizes owners or occupiers of land or buildings for manufacturing or cultivating intoxicants or hemp plants against the Act.
- S. 52Substituted by Act No
- S. 53Clause (e) inserted by Act No
- S. 54Section 54 authorizes magistrates to issue warrants for searches and arrests related to specified excise offenses.
- S. 55Section 55 authorizes certain officers to enforce prohibition and excise regulations in Telangana.
- S. 56Section 56 grants certain Prohibition and Excise Officers powers similar to police station officers for specified offenses.
- S. 57Section 57 mandates an Excise Officer to submit a report to a Magistrate if evidence justifies prosecution.
- S. 58Section 58 mandates that an officer making an arrest, seizure, or search must report within 24 hours and send the arrestee or seized item to a Magistrate for trial.
- S. 59Substituted by Act No
- S. 60Section 60 allows the government to authorize Prohibition and Excise Officers to release arrested individuals on bail without a warrant.
- S. 61Substituted by Act No
- S. 62Section 62 allows first-class Magistrates to impose sentences exceeding their usual powers under the Code of Criminal Procedure.
- S. 63Section 63 allows appeals against certain orders under the Telangana Excise Act, 1968, to higher officers within specified timeframes.
- S. 64Section 64 allows the government to review and potentially modify any excise decisions or orders for correctness and legality.
- S. 65(1) The following moneys, namely:– (a) all excise revenue, Appeals
- S. 66Section 66 allows government to seize and sell defaulting licensee's property to recover unpaid excise revenue.
- S. 67Section 67 allows sub-lessees to recover dues from subtenants, treating them as rent arrears, unless prohibited by lease terms.
- S. 68Section 68 allows the government to exempt or reduce excise duty on liquor for military use or medicinal purposes, and to exempt intoxicants from certain provisions in specific areas.
- S. 69Section 69 protects government officials from lawsuits for actions taken in good faith under the Telangana Excise Act, 1968.
- S. 70Section 70 bars suits against the government for actions under the Act, except by the government itself, unless filed within six months.
- S. 71Section 71 holds a company and its responsible executives equally liable for offenses, unless due diligence was proven.
- S. 72Substituted by Act No
- S. 73Section 73 repeals certain Andhra Pradesh abkari and intoxicating drugs acts in Telangana.
- S. 74Section 47-A with marginal heading inserted by Act No
- S. 75Substituted by Act No
- S. 76Substituted by Act No
- S. 77Section 50-A with marginal heading inserted by Act No
- S. 78Substituted by Act No
- S. 79Inserted by Act No
- S. 80Section 53-A with marginal heading inserted by Act No
- S. 81Substituted by Act No
- S. 82Substituted by Act No
- S. 83Substituted by Act No
- S. 84Substituted by Act No
- S. 85Added by Act No
- S. 86Section 60-A with marginal heading inserted by Act No
- S. 87Substituted by Act No
- S. 88Substituted by Act No
- S. 89Inserted along with marginal heading by Act No
- S. 90Section 68-B with marginal heading inserted by Act No
- S. 91Substituted by G
- S. 92Omitted by Act No
- S. 93Inserted by Act No
- S. 94Inserted by Act No
- S. 95Inserted by Act No
- S. 96Adapted by G
- S. 97The Schedule omitted by G
- S. 1860Section penalizes failure to prevent harmful substances in liquor, with imprisonment and fines for resulting harm or death.
- S. 1968The section specifies the extent and commencement date of the Telangana Excise Act, 1968, subject to override by the Telangana Prohibition Act, 1995.
- S. 1994Liability of certain things to confiscation