The united provinces excise act, 1910
uttarakhand · 1910
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- S. 1Subs
- S. 2Subs
- S. 3Defines key terms like "excise revenue," "excise officer," "excise duty," and "magistrate" for the United Provinces Excise Act, 1910.
- S. 4Substituted by section 15 of Uttarakhand Act No
- S. 5Sub
- S. 6Section 6 sets limits on retail sale of intoxicants and deems sales exceeding these limits as wholesale.
- S. 7Sub-section (1) insertion by section 2 of U
- S. 8Subs
- S. 9Inser
- S. 10Section 10 outlines the administration and appointment powers of the State Government for the Excise Department in Uttar Pradesh.
- S. 11Section 11 outlines the appeal process and supervisory powers of the Excise Commissioner over excise officers' decisions.
- S. 12Section 12 regulates the import of intoxicants, requiring state government permission, compliance with conditions, and duty payment.
- S. 13Section 13 prohibits the export or transport of intoxicants unless the relevant duties have been paid.
- S. 14—
- S. 15Section 15 regulates the import, export, and transport of intoxicants within Uttar Pradesh, requiring a pass for quantities exceeding state-prescribed limits.
- S. 16Passes for the import, export or transport of [intoxicants]2 may be granted by the Collector
- S. 17Section 17 prohibits the manufacture, collection, bottling, and possession of intoxicants without a license from the Collector or Excise Commissioner.
- S. 18Section 18 allows the Excise Commissioner to establish and discontinue distilleries under state government conditions.
- S. 19Section 19 prohibits removal of intoxicants from storage without paying duty or providing a bond.
- S. 20Section 20 prohibits unlicensed possession of intoxicants beyond limits set by the State Government, except with a Collector's permit.
- S. 21Section 21 prohibits the sale of intoxicants without a license from the Collector.
- S. 22Section prohibits licensed vendors from selling liquor or drugs to anyone under twenty-one years old.
- S. 23Section 23 prohibits licensed liquor sellers from employing underage or women staff in liquor consumption areas without specific written permission.
- S. 24Section 24 grants exclusive privilege to licensed hotels, restaurants, clubs, and notified places to serve and supply liquor within their premises.
- S. 25Section 25 prohibits the sale or manufacture of liquor in military cantonments without the Commanding Officer's consent.
- S. 26Section 26 allows grantees of excise privileges to transfer or assign their rights, but requires a new license for any lessee or assignee.
- S. 27Section 27 allows grantees, lessees, or assignees to recover dues as if they were rent arrears, with the right to pursue civil suits for unpaid amounts.
- S. 28Section 28 allows the State Government to impose excise or countervailing duty on specified activities related to excisable articles.
- S. 29Section 29 outlines various methods for levying excise duty on different excisable articles based on import, export, transportation, and manufacturing.
- S. 30Section 30 allows the state government to accept payment for liquor licenses and sets specific fees for wholesale foreign liquor sales.
- S. 31Section 31 specifies conditions and fees for licenses, permits, or passes under the Act, directed by the Excise Commissioner and State Government.
- S. 32Section 32 continues existing excise licenses from the 1896 Act under the 1910 Act unless cancelled.
- S. 33Section 33 allows authorities to require licensees to sign agreements and provide security or deposits for compliance.
- S. 34Section 34 allows the cancellation or suspension of licenses if duties are unpaid, terms breached, or certain offenses committed.
- S. 35Section 35 outlines the process for cancelling excise licenses, refunding fees, and providing compensation if cancellation occurs without notice.
- S. 36Section allows liquor license holders to surrender their licenses with a month's notice and fee payment.
- S. 37Section 37 of the United Provinces Excise Act, 1910 allows technical defects in licenses to be overlooked, and the Excise Commissioner's decisions are final.
- S. 38Section 38 mandates licensed manufacturers and sellers of intoxicants to maintain prescribed measures and comply with excise officers' testing requests.
- S. 39Section 39 allows the government to recover excise revenue as land revenue arrears and manage defaulting licenses.
- S. 40Section 40 authorizes the State Government to create rules for implementing excise laws, validating existing rules, and regulating various excise-related activities.
- S. 41Section 41 authorizes the Excise Commissioner to make rules for regulating the production and sale of intoxicants.
- S. 42Section 42 prohibits tapping tari-producing trees without a license, except in notified areas where the State Government may exempt certain trees.
- S. 43Section 43 allows licensed manufacturers or sellers of tari to buy tari from those with rights, without needing a separate license.
- S. 44The section allows the State Government to exempt an area with an exclusive tari manufacturing license from certain provisions.
- S. 45Section 45 allows the State Government to treat written permission for tari drawing as a valid license.
- S. 46Section 46 allows the State Government to impose a duty on tari manufactured under a license, with a maximum annual rate of sixty rupees per tree.
- S. 47Section 47 empowers the State Government to create rules for tapping tari-producing trees and maintaining marks on them.
- S. 48Section 48 allows designated officials to inspect and seize false measuring tools in licensed intoxicant manufacturing and sale premises.
- S. 49Section 49 grants specified police and excise officers power to investigate and stop proceedings for certain offenses under the Act.
- S. 50Section 50 allows certain officers to arrest without warrant and seize items suspected of violating excise laws.
- S. 51Section 51 authorizes the Collector to issue arrest warrants for individuals suspected of certain specified offenses.
- S. 52Section 52 authorizes Collectors or Magistrates to issue search warrants for intoxicants and related equipment if an offense under specified sections is suspected.
- S. 53Section 53 allows certain officers to enter and search premises without a warrant if they suspect an offense under specified sections, and to seize, detain, and arrest individuals found there.
- S. 54Section 54 makes the Code of Criminal Procedure applicable to actions under this Act, except for certain non-bailable offences investigated without a Magistrate's order.
- S. 55[55
- S. 56Section 56 mandates police, salt, opium, and land revenue officers to report excise breaches and assist Excise Department officers.
- S. 57Owners or occupiers of land or buildings with unlawful intoxicant production must report it to a Magistrate or excise officer.
- S. 58Section 58 mandates police officers to securely hold seized articles pending court orders and allows Excise Department officers to seal and sample them.
- S. 59Section 59 allows the District Magistrate to close shops selling intoxicants to maintain public peace.
- S. 60Section 60 penalizes various violations of the Act, including unauthorized export, transport, or possession of intoxicants and unauthorized distillery operations.
- S. 61Section penalizes licensed vendors for selling liquor to minors or employing underage persons on premises.
- S. 62Section penalizes possession or attempts to make denatured spirits fit for consumption, with imprisonment and fines.
- S. 63[63
- S. 64Section 64 penalizes licensed holders or their employees for not producing required permits when demanded by authorized officers.
- S. 65Section penalizes unauthorized consumption of unmedicated intoxicants on business premises by non-employees.
- S. 66Section 66 penalizes excise officers for quitting duties without proper notice or permission, imposing imprisonment or fines.
- S. 67Section penalizes excise officers for unreasonable searches, seizures, or detentions with imprisonment or fine.
- S. 68Section 68 imposes fines ranging from ten thousand to ten hundred rupees for violations of the Act or related rules.
- S. 69Section 69 imposes double the punishment for repeat offenses under specified sections, with specific imprisonment and fine terms for second, third, and subsequent convictions.
- S. 70Section 70 restricts magistrates from taking cognizance of certain excise offenses without specific reports or complaints from authorized officials.
- S. 71Section presumes the accused's involvement in intoxicant offenses unless disproven, and imposes liability on license holders for offenses by their employees.
- S. 72Section 72 of the United Provinces Excise Act, 1910, mandates confiscation of all related items and materials used in offenses under the Act.
- S. 73Section 73 allows the Collector to order confiscation of items if an excise offense is suspected, with certain procedural safeguards and conditions for sale if applicable.
- S. 74Section 74 allows empowered Excise Officers to accept fines in lieu of cancelling licenses or releasing confiscated property for certain offenses.
- S. 75Section exempts bona fide medicated articles for medicinal purposes from the Act's provisions, except as directed by the State Government.
- S. 76The section allows the State Government to exempt individuals or intoxicants from the Act's provisions under certain conditions.
- S. 77Section 77 specifies that rules and notifications under the Act must be published in the Official Gazette and deemed effective from the publication date unless otherwise specified.
- S. 78Section 78 protects government officers from civil suits for good faith actions under the Act and limits suit timelines.
- S. 79Any power conferred by this Act on the [Excise Commissioner]2 may be exercised from time to time as occasion requires
- S. 1937Adapted and modified by the Adaptation of Laws Order, 1950