The TRIPURA EXCISE ACT, 1987
tripura · 1987
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- S. 1Short title, Extent and Commencememt :- (1) This Act may be called the Tripura Excise Act, 1987
- S. 2Section 2 defines key terms used in the Tripura Excise Act, 1987, including "beer," "bottle," "Collector," "denaturant," "excisable article," and "excise duty."
- S. 3Section empowers the State Government to declare "country liquor" and "foreign liquor" for the Act's purposes.
- S. 4The section allows the state government to define retail limits for intoxicants, deeming sales above this limit as wholesale.
- S. 5Section 5 outlines the administration and delegation of excise powers and duties in Tripura, assigning roles to the Collector and other officials.
- S. 6Section 6 outlines the control, appeal, and revision process for proceedings under the Tripura Excise Act, 1987.
- S. 7Section 7 restricts the import of intoxicants in Tripura to those permitted by the State Government under specific conditions.
- S. 8Section 8 prohibits export or transport of intoxicants unless duty is paid and conditions set by the State Government are met.
- S. 9Power to prohibit Import, Export or Transport :- The State Government may by notification
- S. 10Section 10 regulates the import, export, and transport of intoxicants in Tripura, requiring passes granted by the Collector.
- S. 11Section 11 mandates a license for manufacturing intoxicants, cultivating hemp, bottling liquor, operating distilleries, and using equipment for such purposes in Tripura.
- S. 12Section 12 regulates tari extraction in specified areas, requiring licenses from the Collector, with exceptions for grantees and special conditions.
- S. 13Section 13 authorizes the Excise Commissioner to establish, authorize, or discontinue distilleries, breweries, and warehouses for liquor storage.
- S. 14Section 14 mandates a license for storing intoxicants in warehouses or storage places under the Tripura Excise Act, 1987.
- S. 15Section 15 mandates payment of excise duty before removing intoxicants from licensed facilities under the Tripura Excise Act, 1987.
- S. 16Section 16 prohibits possession of intoxicants in excess of retail limits or from unlicensed vendors without a permit, except for small amounts for personal use.
- S. 17Section 17 regulates licensed vendors' possession of intoxicants and allows the government to prohibit their possession for health, morality, or public order reasons.
- S. 18Section 18 of the Tripura Excise Act, 1987 mandates a license for selling intoxicants and hemp plant parts, except for specific exemptions.
- S. 19Section 19 prohibits liquor manufacturing and sale within military cantonments without the Commanding Officer's consent.
- S. 20The Tripura Excise Act, 1987 allows the state government to grant exclusive rights to manufacture and sell country liquor or drugs, subject to public notice and licensing.
- S. 21Section 21 regulates the transfer of exclusive excise privileges, requiring authorization and approval for letting or assignment.
- S. 22Section 22 mandates licensed manufacturers and vendors to use and maintain standard measures and instruments for intoxicants as prescribed by the Excise Commissioner.
- S. 23Section 23 prohibits licensed vendors from employing underage or women in liquor consumption areas without Excise Commissioner's permission.
- S. 24Power to close shops temporarily :- (1) The District
- S. 25Section 25 empowers the State Government to impose excise or countervailing duties on imported, exported, transported, and manufactured excisable articles and hemp plants.
- S. 26Section 26 outlines various methods for levying excise duty on imported, exported, transported, manufactured, and licensed goods in Tripura.
- S. 27Payment for Grant of Exclusive Privilege
- S. 28Preparation of list of places for which it is proposed to grant license for
- S. 29Section 29 mandates the Collector to publish and notify proposed licenses for retail sale of spirits in shops.
- S. 30Section 30 specifies the timing for preparing and publishing the list mentioned in Section 28 under Section 29.
- S. 31Section 31 allows objections to excise proposals to be submitted to the Collector or Municipality head.
- S. 32Grant of licenses by Collector and submission of list with objections and opinions to Excise Commissioner
- S. 33The Excise Commissioner's decisions on objections and licenses are final and cannot be appealed.
- S. 34Section 34 applies sections 28 to 33 for licenses to sell other intoxicants besides spirits in specified areas.
- S. 35Section 35 exempts certain licenses from sections 28 to 34 for short-term, denatured spirit, lapsed, or medical intoxicant sales.
- S. 36Section 36 outlines the fees, conditions, and form for licenses, permits, and passes under the Tripura Excise Act, 1987.
- S. 37Grant of license, permit etc
- S. 38Section 38 allows authorities to require licensees to sign agreements and provide security or deposits.
- S. 39Section 39 states that technical defects, irregularities, or omissions do not invalidate licenses, and the Excise Commissioner's decision on such matters is final.
- S. 40Section 40 allows the authority to cancel or suspend licenses if the holder violates terms, fails to pay duties, or commits specified offenses.
- S. 41Section 41 allows the authority to withdraw licenses for reasons other than those in section 40, with or without notice, and mandates compensation and refund of fees.
- S. 42Section 42 allows liquor license holders to surrender their licenses with a month's notice and fee payment, except for exclusive privileges.
- S. 43Bar to right of renewal and to compensation :- No person to whom a license has been granted under this Act shall
- S. 44Section 44 allows the Collector to take over or transfer a license or privilege if the holder defaults or surrenders it.
- S. 45Section penalizes unlawful activities related to intoxicants and hemp, imposing imprisonment and fines.
- S. 46Section 46 holds company officers and directors liable for company offenses, unless they prove lack of knowledge or due diligence.
- S. 47Section presumes guilt in prosecutions for unaccountably possessing intoxicants or related materials or tools.
- S. 48Section penalizes altering denatured spirits for human consumption with up to two years imprisonment or a fine of up to ₹5,000.
- S. 49Section presumes accused made alteration or knew it was made if found in possession of denatured spirit.
- S. 50Section presumes spirits with denaturants are derived from denatured spirit unless proven otherwise in prosecution.
- S. 51Section penalizes licensed manufacturers or vendors for adulterating intoxicants with prohibited substances, imposing imprisonment and fines.
- S. 52Section penalizes licensed manufacturers or vendors for fraudulently selling country liquor as foreign liquor.
- S. 53Section 53 penalizes licensed vendors for employing underage workers, selling to intoxicated individuals, and permitting illegal activities on their premises.
- S. 54Section penalizes possession of illegally imported, transported, or manufactured intoxicants with up to 12 months imprisonment or a fine up to ₹3,000.
- S. 55Penalty for consumption in chemist’s shop, etc
- S. 56Section penalizes licensees or their employees for failing to produce licenses or breaching rules or license conditions, with fines up to ₹2,000.
- S. 57Section 57 deems intoxicants imported, transported, manufactured, sold, or possessed by one person for another as if done by or for the other person, without absolving the original person from liability.
- S. 58Section 58 holds a licensee criminally liable for offenses committed by their employees unless they prove due precautions were taken.
- S. 59Section 59 of the Tripura Excise Act, 1987, states that only the actual offender can be imprisoned for violations, unless a fine is paid.
- S. 60Penalty on Excise Officers making vexatious search, seizure, detention or arrest or
- S. 61Section 61 imposes a fine up to 200 rupees for violations of the Tripura Excise Act not otherwise specified.
- S. 62Section 62 deems proceedings under the Tripura Excise Act as judicial for contempt penalties under the Indian Penal Code.
- S. 63Section penalizes anyone who attempts or abets any offense under the Tripura Excise Act, 1987.
- S. 64Section 64 imposes double the punishment for repeat offenses after a prior conviction under specified sections.
- S. 65Section 65 of the Tripura Excise Act, 1987, outlines the confiscation of items used in or related to offenses punishable under the Act.
- S. 66Section 66 allows Judicial Magistrates or Collectors to order confiscation or fines for items liable to confiscation under section 65.
- S. 67Section 67 allows the Excise Commissioner or empowered officers to compound certain offenses and release confiscated property on payment.
- S. 68Section 68 grants excise officers the authority to inspect, test, and seize false measures found in licensed premises.
- S. 69Section 69 authorizes specified officers to arrest without warrant, seize contraband, and conduct searches to enforce excise laws.
- S. 70Section 70 authorizes the Collector or a Magistrate to issue arrest warrants for suspected offenders of specified sections.
- S. 71Section 71 authorizes officers to issue search warrants for intoxicant materials and related items in cases of suspected violations under the Act.
- S. 72Section 72 grants Collectors or Magistrates to arrest or search without a warrant for offenses under the Act.
- S. 73Section 73 allows specified Excise Officers to search without a warrant if they suspect certain offences and cannot get a warrant in time.
- S. 74Section mandates police, excise, customs, and revenue officers to inform and aid excise officers in enforcing the Act.
- S. 75Section 75 mandates owners and occupiers of land to report unlicensed manufacture of intoxicants or cultivation of hemp to relevant authorities.
- S. 76Section 76 grants Collectors and certain Excise officers the authority to investigate specified offences without a Magistrate's order.
- S. 77Section 77 grants Collectors and certain Excise officers powers to investigate and stop proceedings for specified offences.
- S. 78Section 78 allows a Collector to release an arrestee on bail or bond if they attend specified investigations.
- S. 79Section 79 mandates the production of seized articles and arrested persons to specified officers for investigation or bail release.
- S. 80Section 80 mandates police to safely store seized articles pending court or collector's orders, allowing excise officers to seal and sample them.
- S. 81Section 81 mandates Excise Officers and police station in-charges to report arrests, seizures, or searches under the Act to the Collector and relevant Excise Officer within 24 hours.
- S. 82Section 82 allows any designated officer to execute warrants issued by the Collector.
- S. 83Section 83 limits the detention of arrested persons under the Tripura Excise Act to 24 hours, excluding travel time for investigation.
- S. 84Application of certain provisions of the code of criminal procedure, 1973
- S. 85Section 85 mandates that only second-class or higher magistrates can try offences under the Tripura Excise Act, 1987.
- S. 86Section 86 restricts magistrate's cognizance of specified excise offenses to reports from authorized officers or specific complaints.
- S. 87Section 87 prevents transfer of trial for certain offences reported by specific officers under the Tripura Excise Act, 1987.
- S. 88Power of the State Government to make rules :- (1) The State Government may make rules to carry out the objects of thi
- S. 89Section 89 states that all rules and notifications under the Tripura Excise Act, 1987 take effect on their publication in the Tripura Gazettee.
- S. 90Section 90 allows recovery of excise revenue, losses, and contractual dues as land revenue arrear.
- S. 91Section 91 allows the Tripura State Government to exempt intoxicants from the Act's provisions by notification.
- S. 92Section 92 bars civil suits against the state for damages for actions done in good faith under the Excise Act.
- S. 93Section 93 restricts civil court suits against the government or officers and limits prosecution time to six months.
- S. 94Section 94 repeals the Bengal Excise Act, 1909 in Tripura, preserving all actions taken under it as if under the Tripura Excise Act, 1987.