(1) This Act may be called the 1[Bihar Excise Act, 1915.]

2[(2) It shall extend to the whole of the State of Bihar.

(3) It shall come into force on such date as the State Government may, by notification, direct.]

In this Act, unless there is anything repugnant in the subject or context,

(1) beer includes ale, stout, porter and all other fermented liquor made from malt;

(2) Board means the Board of Revenue;

(3) to bottle means to transfer liquor from a cask or other vessel to a bottle or other receptacle for the purpose of sale, whether any process of rectification be employed or not; and includes re-bottling;

(4) 3[* * * *]

(5)(a) denaturant means any substance prescribed by rule made in this behalf under clause (3) of Section 90, for admixture with spirit in order to render the mixture unfit for human consumption, whether as a beverage, or internally as a medicine, or any other way whatsoever;

(b) to denature means to mix spirit with one or more denaturants in such manner as may be prescribed by rule made in this behalf under clause (3) of Section 90, and denatured spirit means spirit so mixed;

(6) excisable article means

(a) any alcoholic liquor for human consumption; or

(b) any intoxicating drug;

(6a) excise duty and countervailing duty means any such excise duty, or countervailing duty, as the case may be, as is mentioned in Entry 51 of List II in the Seventh Schedule to the Constitution;

(7) Excise Commissioner means the officer appointed under Section 7, clause (a);

(8) Excise Officer means the Collector or any officer or other person appointed or invested with powers under Section 7;

(9) Excise-revenue means revenue derived or derivable from any duty, fee, tax, payment (other than a fine imposed by a Criminal Court) or confiscation imposed or ordered under this Act or any other law for the time being in force relating to liquor or intoxicating drugs;

(10) export means to take out of the State otherwise than across a customs frontier as defined by the Central Government;

4[(11) hemp plant means the plant cannabis sativa;

(12) import except the phrase import into India means to bring into the State otherwise than across a customs frontier as defined by Central Government;

5[12a) intoxicant means

(i) any liquor, or

(ii) any substance from which liquor may be distilled and which is declared by the State Government by notification in the Official Gazette to be intoxicant for the purpose of this Act, or

(iii) intoxicating drug, or

(iv) medicinal preparation as defined under the Medicinal and Toilet Preparations (Excise Duties) Act, 1955.

(13) intoxicating drug means

(i) the leaves, small stalks and flowering or fruiting tops of the Indian hemp plant (Cannabis Sativa L.) including all forms known as bhang, siddhi or ganja;

(ii) charas, that is, the resin obtained from the hemp plant, which has not been submitted to any manipulations other than those necessary for packing and transport;

(iii) any mixture, with or without neutral materials, of any of the above forms of intoxicating drug, or any drink prepared therefrom; and

(iv) any other intoxicating or narcotic substance which the State Government may, by notification, declare to be an intoxicating drug, such substance not being opium, coca leaf, or a manufactured drug, as defined in Section 2 of the Dangerous Drugs Act, 1930 (2 of 1930);

(14) Liquor includes all liquids consisting of or containing alcohol, such as spirits of wine, spirit, wine, fermented tari, pachwai and bear, and also unfermented tari, and also any other substance which the State Government may, by notification, declare to be liquor for the purposes of this Act;

(15) manufacture includes

(i) every process, whether natural or artificial, by which any intoxicant is produced or prepared including the tapping of tari-producing trees and the drawing of tari from trees),

(ii) redistillation, and

(iii) every process for the rectification, flavouring, blending, or colouring of liquor, or for the reduction of liquor for sale;

(16) pachwai means fermented rice, millet or other grain-whether mixed with any liquid or not, and any liquid obtained therefrom, whether diluted or undiluted; but does not include beer;

(17) place includes building, house, shop, boat, vessel, raft, vehicle or tent;

6[(17A) Public Place means any place to which public have access, whether as a matter of right or not and includes all places visited by general public and also includes any open space.]

(18) expressions referring to sale include any transfer otherwise than by way of gift;

(19) spirit means any liquor containing alcohol obtained by distillation, whether it is denatured or not;

(20) tari means fermented or unfermented juice drawn from cocoanut, palmyra, date or other kind of palm tree; and

(21) transport means to remove from one place to another within the State of Bihar and Orissa.

6[(22) Unauthorized Places means those places which are public places and where consumption of liquor is not allowed except under a valid license or permit.]

3. [Repealed by Act 2 of 1930]

The State Government, may, by notification, declare what, for the purpose of this Act or any portion thereof, shall be deemed to be country liquor and foreign liquor , respectively.

7[4-A. Power to declare intoxicant. Notwithstanding anything mentioned under Section 2, the State Government may, by notification, declare for the purposes of this Act or any portion thereof such items or commodities which can be used as a substitute for alcohol, to be intoxicants.]

(1) The Board may, by notification, declare, with respect either to the whole of the State or to any specified local area, and as regards purchasers either generally or any specified class of purchasers, and either generally or for any specified occasion, what quantity of any intoxicant shall, for purposes of this Act, be the limit of a retail sale.

(2) The sale of any intoxicant in any quantity in excess of the quantity declared in respect thereof under sub-section (1) shall be deemed to be a whole a sale sale.

Nothing contained in this Act shall affect the provisions of

(a) the Seas Customs Act, 1878 (18 of 1878), or

(b) the Indian Tariff Act, 1894 (8 of 1894) (except Section 6 thereof), or

(c) the Cantonments Act, 1910, (15 of 1910).

ESTABLISHMENTS, CONTROL, APPEAL AND REVISION

(1) The administration of the Excise Department and the collection of the excise revenue within a district shall ordinarily be under the charge of the Collector.

(2) The State Government may by notification applicable to the whole of the State or to any specified local area,

(a) appoint an officer who shall, subject to such control as the State Government may direct, have the control of the administration of the Excise Department and the collection of the excise-revenue;

(b) appoint any person to exercise all or any of the powers and to perform all or any of the duties, conferred and imposed on a Collector by or under this Act, subject to such control as the State Government may direct;

(c) appoint officers of the Excise Department of such classes, and with such designations, powers and duties as the State Government may think fit;

(d) order that all or any of the powers and duties assigned by or under this Act to any officer appointed under clause (c) of this section shall be exercised and performed by any Government Officer or any other person;

(e) delegate to the Board, the Commissioner of a Division or the Excise Commissioner all or any of the powers conferred upon the State Government by or under this Act, except the power conferred by Section 89 to make rules;

(f) withdraw from any officer or person all or any of the powers or duties conferred or imposed upon him by or under this Act; and

(g) permit the delegation by the Board, the Commissioner of a Division, the Excise Commissioner or the Collector, to any person or classes of persons specified in such notification, of any powers conferred or duties imposed upon it or him by or under this Act.

(1) The Collector shall, in all proceedings under this Act, be subject to the control of the Excise Commissioner, and shall, in such matters as the State Government may direct, be subject also to the control of the Commissioner of the division.

(2) Orders passed under this Act or under any rule made hereunder shall be appealable in such cases, to such authorities and under such procedure as may be prescribed by rule under Section 89, clause (c).

(3) The Board may revise any order passed by a Collector, the Excise Commissioner or the Commissioner of a Division.

IMPORT, EXPORT AND TRANSPORT

(1) No intoxicant shall be imported unless

(a) the State Government has given permission, either general or special, for its import.

(b) such conditions (if any) as the State Government may impose have been satisfied; and

(c) the duty (if any) payable under Chapter V has been paid or a bond has been executed for the payment thereof.

(2) Sub-section (1) shall not apply to any article which has been imported into India and was liable, on such importation, to duty under the Indian Tariff Act, 1894 (8 of 1894) or the Sea Customs Act, 1878 (8 of 1878), if

(i) the duty as aforesaid has been paid, or

(ii) a bond has been executed for the payment of such duty.

(3) Clauses (a) and (b) of sub-section (a) shall not apply to liquor manufactured in India and declared under Section 4 to be foreign liquor.

No intoxicant shall be exported or transported unless (a) the duty (if any) payable under Chapter V

***

has been paid or a bond has been executed for the payment thereof:

Provided that the Board may, subject to such conditions (if any) as it thinks fit to impose, exempt any intoxicant from the provisions of this section.

The State Government may by notification

(a) prohibit the import or export of any intoxicant into or from the State or any part thereof, or

(b) prohibit the transport of any intoxicant.

(1) No intoxicant exceeding such quantity as the State Government may prescribe by notification, either generally or for any specified local area, shall be imported, exported or transported, except under a pass:

Provided that, in the case of duty paid foreign liquor other than denatured spirit, such passes shall be dispensed with unless the State Government by notification, otherwise directs with respect to any local area.

(2) The passes required by sub-section (1) may be granted by the Collector.

(3) Such passes may be either general for definite periods and particular kinds of intoxicant, or special for specified occasion and particular consignments only.

MANUFACTURE, POSSESSION AND SALE

(a) No intoxicant shall be manufactured.

(b) no hemp plant shall be cultivated,

(c) no portion of the hemp plant from which an intoxicating drug can be manufactured or produced shall be collected,

(d) no liquor shall be bottled for sale,

(e) no distillery or brewery shall be worked, and

(f) no person shall use, keep or have in his possession any materials, still, utensil, implement or apparatus whatsoever for the purpose of manufacturing any intoxicant other than tari,

except under the authority and subject to the terms and conditions of a licence granted in that behalf by Collector:

Provided that any tari producing tree may be tapped, and tari may be drawn from any tree without a licence under this section, by the person in possession of the tree,

(i) for the purpose of being used in the manufacture of gur or molasses, or

(ii) for the purpose of being used solely for the preparation of food for domestic consumption and not

(a) as an intoxicant, or

(b) for the preparation of any intoxicating article for sale, or

(c) for the preparation of any article for sale, or

(iii) up to a limit of four seers, for the domestic consumption of the said person.

Notwithstanding anything contained in the proviso to Section 14,

(a) no tari producing tree shall be tapped, and

(b) no tari shall be drawn from any tree,

in any local area specified in this behalf by the State Government by a notification, except under the authority and subject to the terms and conditions of a licence granted in that behalf by the Collector:

Provided that, when any exclusive privilege of manufacturing tari; has been granted under Section 22, the State Government may declare that the written permission given by the grantee to draw tari shall have the same force and effect as a licence granted by the Collector under sub-section (i) of this Section:

Provided also that, in any local area specified by notification under sub-section (1), the State Government may, by notification declare that sub-section shall not apply to tree tapped or tari drawn under such special conditions as the Board may prescribe.

(1) The Excise Commissioner may

(a) subject to any restrictions imposed by the State Government, establish, or authorize the establishment of, distilleries or breweries, in which liquor may be manufactured under a licence granted under Section 13;

(b) discontinue any such distillery or brewery;

(c) establish, or authorize the establishment of, warehouses, wherein any intoxicant may be deposited and kept without payment of duty; and

(d) discontinue any such warehouse.

(2) No distillery, brewery or warehouse as aforesaid shall be established except by or under the authority of the Excise Commissioner.

No person shall, except under the authority and subject to the terms and conditions of a licence granted in that behalf by the Collector, deposit or keep any intoxicant in any warehouse or other place of storage established authorized or continued under this Act.

No intoxicant shall be removed from any distillery, brewery, warehouse or other place of storage licensed, established, authorised or continued under this Act, unless the duty (if any) payable under Chapter V has been paid or a bond has been executed for the payment thereof.

(1) No person shall have in his possession any intoxicant which has not been obtained from a licensed vendor of the same.

(2) Sub-section (1) shall not apply to

(a) any intoxicant lawfully deposited or kept in a distillery, brewery, warehouse or other place of storage licensed, established, authorised or continued under this Act.

(b) any intoxicant lawfully in the possession of a licensed vendor of the same, or

(c) any intoxicant in the possession of a person who has lawfully imported it, or who is authorised by the Collector to possess it, or

(d) any foreign liquor in the possession of any common carrier or warehouseman as such, or purchased at sale authorised by clause (a) of proviso (4) to Section 20, or

(e) tari intended to be used in the manufacture of gur or molasses, or

(f) tari intended to be used solely for the preparation of food for domestic consumption and not

(i) as an intoxicant, or

(ii) for the preparation of any intoxicating article, or

(iii) for the preparation of any article for sale, or

(g) tari intended to be used in the manufacture of bread by a person holding a permit to use tari for that purpose, or

(h) tari, up to limit of four seers, when in the possession of the person possessing the tree from which it was drawn and intended to be used for his domestic consumption, or

(i) intoxicating drugs in the possession of any person licensed to cultivate or collect the plants from which such drugs were produced, when such possession is in accordance with the conditions of his licence.

(1) No person not being licensed to manufacture, cultivate, collect or sell any intoxicant shall have in his possession any quantity of any intoxicant in excess of such quantity as the Board has, under Section 5, declared to be the limit of a retail sale, except under a permit granted by the Collector in that behalf.

(2) sub-section (1) shall not apply to

(a) any foreign liquor (other than denatured spirit) which is in the possession of any common carrier or warehouseman as such or

(b) 9[xxx]

(c) tari intended to be used in the manufacture of gur or molasses,

(d) tari intended to be used solely for the preparation of food for domestic consumption and not

(i) as an intoxicant, or

(ii) for the preparation of any intoxicating article, or

(iii) for the preparation of any article for sale.

(3) A licensed vendor shall not have in his possession at any place other than that authorised by his licence any quantity of any intoxicant in excess of such quantity as the Board has, under Section 5, declared to be the limit of a retail sale, except under a permit granted by the Collector in that behalf.

10[(4) Notwithstanding anything contained in this Act and the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), the State Government may by notification, absolutely prohibit the manufacture, bottling, distribution, sale, possession or consumption by any manufactory, bottling plant, license holder or any person in the whole State of Bihar or in any specified local area in respect of all or any of the intoxicants either totally or subject to such conditions as it may prescribe.]

[S.O. 941 dated the 29th July, 1978 [Published in Bihar Gazette (Extraordinary) dated the 29th July, 1978]. The Governor of Bihar, in exercise of the powers conferred by sub-section (4) of Section 19 of the Bihar and Orissa Excise Act, 1915 (Bihar and Orissa Act II of 1915), is pleased to make the following orders:

1. (a) No person while being in a public place shall possess and consume any intoxicant in a public place not licensed for consumption of the same. For this purpose a public place shall mean any place intended for use by or accessible to the public and shall include any public conveyance.

(b) Alcoholic beverages shall not be served in hotels, restaurants, clubs and at public receptions unless specially permitted:

Provided that:

(i) There will be no restriction on serving of liquor in the precincts of Foreign Embassies. Foreign Embassies may also be allowed to serve liquor in halls/lounges of hotels and clubs provided such halls/lounges are exclusively reserved or taken on hire by them to entertain a select number of invitees;

(ii) The exemption referred to in (i) above may also be extended to parties hosted by others in honour of foreigners subject to the condition that the member of invitees does not exceed 100, and those hosting such parties obtain permits from the Deputy Commissioner/District Magistrate concerned;

(iii) Service of liquor to foreigners in bars or special rooms earmarked for the purpose in hotels and restaurants approved by the Ministry of Tourism and Civil Aviation may be permitted;

(iv) Serving of alcoholic beverages in Defence Establishment may be permitted only in bars or specifically reserved rooms for private parties as are located in the messes, clubs of such Establishments.

2. No schedule drugs containing opium or its derivatives or psychotropic substances shall be sold except on the prescription of a registered medical practitioner.

Note. Scheduled Drug means drug which has been notified under the Drugs (Control) Act.

S.O. 566 dated the 27th March, 1979. In exercise of the powers conferred by sub-section (4) of Section 19 of the Bihar and Orissa Excise Act (Bihar and Orissa Act II of 1915), the Governor of Bihar is pleased to prohibit throughout the State of Bihar the possession and/or consumption of any intoxicant other than bhang and tari by any person except a person specially authorised in this behalf or a holder of a licence, pass or permit duly granted in this behalf:

Provided that no person shall consume any intoxicant on a public place not licensed for consumption of the same, even when such intoxicant is lawfully possessed by him. For this purpose a public place shall mean any place intended for use by or accessible to the public and shall include any public conveyance:

Provided further that any member of the Scheduled Tribes may manufacture and possess pachwai without a licence or permit for domestic consumption or on religious and social occasions, but such self-brewed pachwai shall not be sold under any circumstances.

2. This notification shall come into force with effect from 1st April, 1979 and shall supersede Government Notification S.O. 941, dated the 29th July, 1978 and paragraph XVI(1) of Government Notification No. 470-F, dated the 15th January, 1919.

S.O. 936 the 19th September 1980. In exercise of the powers conferred by sub-section (4) of Section 19 of the Bihar and Orissa Excise Act, 1915, (Bihar and Orissa Act II of 1915), the Governor of Bihar is pleased to make the following orders:

(a) No person shall possess and consume any intoxicant in a public place not licensed for consumption of the same. For this purpose a public place shall mean any place intended for use by or accessible to the public and shall include any public conveyance .

(b) Alcoholic beverages shall not be served in hotels, restaurants, clubs and at public receptions:

Provided that:

(i) any member of the Scheduled Tribes may manufacture and possess Pachwai without a licence or permit for domestic consumption or on religious and social occasions, but such self brewed Pachwai shall not be sold under any circumstances;

(ii) serving of alcoholic beverages in Defence Service Establishments may be permitted only in bars or specifically reserved rooms for private parties as are located in the messes, clubs of such Establishments.

2. The notification shall come into force with immediate effect and shall supersede Government Notification No. S.O. 566, dated the 27th March, 1979.

S.O. 477 the 15th April 1981. In exercise of the powers conferred by sub-section (4) of Section 19 of the Bihar and Orissa Excise Act, 1915 (Bihar and Orissa Act II of 1915), the State Government is pleased to make the following amendments in Notification No. S.O. 936, dated the 19th September 1980

1. The following proviso may be added after proviso II in para 1 of the orders

III. (a) The foreigners and the Indian Tourists may be permitted to be served all kinds of foreign liquor in pegs in their rooms in the hotel approved by the Ministry of Tourism and Civil Aviation, Government of India;

(b) Beer only may be served near swimming pool and gardens in the campus of such hotels;

(c) Only foreigners may be served with all kinds of foreign liquor in bars or rooms specially earmarked for this purpose in such hotels. In such places beer only may be served to the Indians;

(d) In dining halls of such hotels foreigners may be served with beer and wine (excepting foreign liquor distilled from spirit) but Indians may be served with beer only.

2. This notification shall come into force with immedidate effect.

S.O. 175 dated 2nd February 1982. In exercise of the powers conferred by sub-section (4) of Section 19 of the Bihar and Orissa Excise Act, 1915 (Bihar and Orissa Act II of 1915) the State Government is pleased to make the following amendment in Notification No. S.O. 936, dated the 19th September 1980 as subsequently amended in Notification No. S.O. 477, dated 15th April 1981:

The existing proviso III (a) of paragraph 1 of the order may be substituted by the following:

1. III(a) The foreigners and the Indian Tourists may be permitted to be served all kinds of foreign liquor in pegs in their rooms in the hotel approved by the Ministry of Tourism and Civil Aviation Government of India, and in Tourist Bungalows and Hotels and Motels (situated beyond 150 yards of National Highways) managed by Bihar State Tourist Development Corporation.

2. This notification shall come into force with immediate effect.

S.O. 1313 the 25th October 1983. In exercise of the powers conferred by sub-section (4) of Section 19 of the Bihar and Orissa Excise Act, 1915 (Bihar and Orissa Act II of 1915), the State Government have been pleased to make the following amendment in Notification No. S.O. 175, dated the 2nd February 1982.

The existing proviso III (a) of paragraph 1 of the order may be substituted by the following:

1. III (a) The foreigners and the Indian tourists may be permitted to be served all kinds of foreign liquor in pegs in their rooms in the hotel approved by the Ministry of Tourism and Civil Aviation, Government of India, and in the Tourist Bungalows and Hotels and Motels (situated beyond 150 yards of National Highways), managed by Bihar State Tourist Development Corporation or approved by the Department of Tourism, Government of Bihar.

2. This notification shall come into force with immediate effect.

Notification No. 5/Tek-10012/96 dated 23-2-1998. In exercise of the powers conferred by sub-section (4) of Section 19 of the Bihar Excise Act, 1915 (Bihar Act II of 1915) the State Government is pleased to make the following amendments in Notification No. S.O. 936, dated the 19th September, 1980, as subsequently amended in notification no. S.O. 477, dated, the 15th April, 1981; S.O. 175, dated the 2nd February, 1982 and S.O. 1313, dated the 25th October, 1983:

The existing proviso III(a) of paragraph 1 of the order may be substituted by the following:

1. III(a) Hotel, restaurant, or motel licences, permitting the retail sale of all kinds of foreign liquor for consumption on the premises may be granted for hotels, restaurants, and motels conforming to such norms as are required for approval by the Department of Tourism, Government of Bihar.

(b) A bar licence may be granted to the holder of a hotel or restaurant or motel licence for the retail vend of foreign liquor, to be sold in pegs only, and to be served and drunk within the said premises.

2. Before the grant of licences to the proprietors of hotels, restaurants or motels, the excise authorities shall make such enquiries as they deem fit to ascertain that the establishment conform to the norms required for approval by the Department of Tourism, Government of Bihar.

3. This notification shall come into force with immediate effect and shall supersede notification No. 936, dated the 19th April, 1980 and subsequently amended in Notification No. S.O. 477 dated the 15th April, 1981, S.O. 175, dated the 2nd February, 1982 and S.O. 1313, dated the 25th October, 1983.

No intoxicant and no portion of the hemp plant from which an intoxicating drug can be manufactured or produced shall be sold except under the authority and subject to the terms and conditions of a licence granted in that behalf by the Collector:

Provided as follows:

(1) a licence for sale in more than one district shall be granted only by the Excise Commissioner or by a Collector specially authorised in that behalf by the Excise Commissioner.

(2) a licence for sale granted under the Excise law in force in any other State may, on such conditions as may be determined by the Excise Commissioner, be deemed to be a licence granted under this Act.

(3) a cultivator or owner of any hemp plant may sell, without a licence, those portions of the plant from which an intoxicating drug can be manufactured or produced to any person licenced under this Act to deal in the same or to any officer whom the Excise Commissioner may authorise to purchase or receive the same.

(4) No licence shall be required for any of the following sales namely:

(a) the sale of foreign liquor lawfully procured by any person for his private use-when such sale is made by such person himself or on his behalf upon his quitting a station, or on behalf of his representative in interest after his decease;

(b) the sale of tari lawfully possessed by a person in possession of the tree from which it was drawn, to a person licensed under this Act to manufacture or sell tari,

(c) the sale of tari lawfully possessed and intended to be used in the manufacture of gur or molasses; or

(d) the sale of tari lawfully possessed and intended to be used solely for the preparation of food for domestic consumption, and not

(i) as an intoxicant, or

(ii) for the preparation of any intoxicating article, or

(iii) for the preparation of any article for sale; or

(e) the sale of tari lawfully possessed, intended to be used in the manufacture of bread, to a person holding a permit to use tari for the purpose of making bread.

Within the limits of any military cantonments, and within such distance from those limits as the Central Government may in any case prescribe, no licence for the manufacture or sale of liquor shall be granted, except with the previous consent of the Commanding Officer.

11[ (1) The State Government may grant to any person, on such conditions and for such period as it may think fit, the exclusive privilege

(a)(i) of manufacturing or supplying wholesale, or

(ii) of manufacturing and supplying wholesale, or

(iii) of selling wholesale or retail or

(iv) of manufacturing or supplying wholesale and selling retail, or

(v) of manufacturing and supplying wholesale and selling retail; any country liquor or intoxicating drug with any specified local, or

(b) of manufacturing, storing, using, possessing, exporting, importing including wholesale or retail sale of liquor which after manufacture is denatured to render it unfit for human consumption and is thereby termed as denatured spirit, and any other intoxicant:

Provided that public notice shall be given of the intention to grant any such exclusive privilege, and that any objection made by any person residing within the area affected shall be considered before an exclusive privilege is granted.

(2) No grantee of any privilege under sub-section (i) shall exercise the same unless or until he has received a licence in that behalf from the Collector or the Excise Commissioner.]

S.O. 319 dated 18.3.1983. In exercise of the powers conferred by the provisions of Section 29 of the Bihar and Orissa Excise Act, the Governor of Bihar is pleased to fix Exclusive Privilege levy on various kinds of excise licences granted under the provisions of Section 22 of the Act as per schedule below, in addition to any other fee or duty that is being imposed and realised from before.

For each licence,

Municipal or Industrial areas (within two km. radius of any Industrial, Irrigation or other development projects or township). Other areas.

2. The aforementioned levy shall be payable in advance in the following manner:

3. The above order shall come into effect from 1st April, 1983.

12[22-A. The fixation of cost price of country liquor, by the State Government. (1) The State Government while granting exclusive privilege of manufacturing, supplying wholesale or of selling wholesale or retail of country liquor may fix the cost price which includes the price of the spirit, the transportation charges, warehouse maintenance charges, taxes, if any, and other charges, such as bottling packing etc. dividend.

(2) Any person to whom the State Government has granted exclusive privilege of manufacturing, supplying wholesale or selling wholesale or retail country liquor during the year 1990 wherein the cost price of the country liquor was fixed by the State Government taking different components into account including ware house maintenance charges at the rate of 70 paise per L.P. Litre shall be deemed to have been fixed under this Section.]

13[22-B. Validating of cost price of country liquor and realisation of warehouse maintenance charges. (1) Notwithstanding any judgment, decree or order of any Court, Tribunal or Authority the price of country spirit, including the warehouse maintenance charges at the rate of 70 paise per L.P. Litre fixed during the year, 1390 shall be deemed to have been fixed under this Act and any amount collected from the retailer as a cost price of country liquor per L.P. Litre shall be paid to or payable to the Contractor (Disitller)/Supplier after deducting at the rate of 70 paise for L.P. Litre as the maintenance charges of the warehouses and the said amount shall not be payable to the Contractor (Distiller)/Supplier.

(2) The amount so collected shall be deemed to have been collected under the provision of this Act and the said amount of warehouse maintenance charges shall not be refundable and no Court, Tribunal or Authority shall order for refund of such amount:

Provided that where the amount collected from the retailer has been paid to the Contractor (Distiller)/Supplier, the State Government shall realise such amount from the Contractor (Distiller)/Supplier and the Contractor shall be required to refund the said amount to the State Government:

Provided further, that the State Government may adjust, the said amount from any amount due or payable to the Contractor by the Government:

Provided also that the said amount shall be spent by orders of the Excise Commissioner under administrative instructions issued for the maintenance of warehouses:

Provided further also, that any amount realised on account of warehouse maintenance charges but refunded to the supplier, under the order of any Court, Tribunal or Authority shall be refunded by the supplier and the State Government shall recover the same from the Contractor (Distiller)/Supplier as arrears of revenue.

22-C. Overriding effect of the Act. Notwithstanding anything to the contrary contained in any judgment, decree or order passed by any court and in any other law for the time being in force, the provisions of this Act shall have the effect. ]

14[ 22-D. Grant of exclusive/special privilege for bottling/sacheting and wholesale supply of country liquor. (1) The State Government may grant to any person/persons on such conditions and for such terms and conditions and for such period as it may think fit, the exclusive/special privilege for supplying country liquor, on wholesale basis, after sacheting/bottling it. There may be more than one Grantee in a zone of supply.

(2) No Grantee of any privilege under sub-section (1) shall exercise the same unless he has received a licence in that behalf from the Board of Revenue/Excise Commissioner/Collector.

(3) A licence fee shall be paid in advance in one lump sum by each licensee of the zone determined by the Member, Board of Revenue/Excise Commissioner at the rate of Rupee 1 per LP. litre calculated on the basis of the annual M.G.C. Additional licence fee shall be paid by each licensee, of the zone if the total wholesale supply of the country liquor in the zone exceeds the annual M.G.Q. which would also be calculated at the rate of Rupee 1 per LP. litre on the excess quantity.

(4) The condition regarding payment of advance licence fee and additional licence fee as per sub-section (3) could be deemed to be included in the tender notice dated 3rd June 1995 issued by the Excise and Prohibition Department for wholesale supply of country liquor during the period 1st July 1995 to 31st March 1999 and would also be deemed to be included in all the licences issued in pursuance thereof and any expression, term or conditions to the contrary contained in the tender notice and licences would be deemed to be deleted and substituted accordingly.

22-E. Validating of Licence Fee. (1) Notwithstanding anything contrary contained in a judgment/decree or order of any Court, Tribunal or Authority, advance licence fee in the lump sum on each licence for wholesale supply of country liquor after sacheting/bottling granted pursuant to tender notice dated 3rd June 1995 issued by the Bihar Excise and Prohibition Department shall be deemed to have been imposed on every licence at the rate of Rupee 1 per LP. litre calculated on the annual M.G.Q. and an additional licence fee at the same rate on excess supply shall also be deemed to have been imposed on every licence of the zone where the total wholesale supply in the zone exceeds the annual M.G.Q.

(2) The amount of licence fee collected from the various licensees at the above rate shall be deemed to have been validly collected, irrespective of any term or condition contained in the tender notice dated 3rd June 1995 and the licence issued in pursuance thereof and the licence fee so collected shall not be refundable and no Court, Tribunal or Authority shall order for refund of such licence fee:

Provided that if any licensee has not paid licence fee as specified in sub-section (3) of Section, 22-D under the order of any Court, Tribunal or Authority the State Government shall realise the same as arrears of revenue.

22-F. Overriding effect of the Ordinance. Notwithstanding anything to the contrary contained in any judgement, decree or order passed by any court and in any law for the time begin in force, the provision of this Ordinance shall prevail and have effect .]

15[ 22-G. Grant of exclusive/special privilege of manufacture and/or wholesale supply of spiced country liquor. (1) The State Government may grant to any person/persons, on such conditions and for such period as it may think fit, the exclusive/special privilege of manufacturing and/or supplying wholesale and spiced country liquor within any specified local area. There may be more than one Grantee in an area of supply.

(2) No Grantee of any exclusive/special privilege under sub-section (1) shall exercise the same unless or until he has received a licence in that behalf from the Collector or Excise Commissioner.

(3) The fee for licences for the manufacture and/or wholesale supply of spiced country liquor shall be respectively at such rates as may be prescribed by the Board from time to time.]

(1) A Grantee of an exclusive privilege under Section 22 shall not let or assign the same or any portion thereof unless he is expressly authorized, by a condition made under that section, to do so.

(2) Such letting or assignment shall be made only to a person approved by the Collector or (if the letting or assignment extends to more than one district) the Excise Commissioner.

(3) The lessee or assignee shall not exercise any rights as such unless and until the Collector has, upon his application, granted him a licence to do so.

Every person who manufactures or sells any intoxicant under a licence granted under this Act

(a) shall supply himself with such measures, weights and instruments as the Excise Commissioner may prescribe, and shall keep the same in good condition; and

(b) when such measures, weights and instruments have been so prescribed, shall, on the requisition of any Excise Officer duly empowered by the Collector in this behalf, measure, weight or test any intoxicant in his possession, at such time and in such manner as such Officer may require.

(1) No person who is licensed to sell foreign liquor for consumption on his premises shall during the hours in which such premises are kept open for business employ or permit to be employed, either with or without remuneration, any person under the age of 16[twentyone] years in any part of such premises in which such liquor is consumed by the public.

(1a) No person who is licensed to sell country spirit or any intoxicating drug shall employ or permit to be employed, either with or without remuneration, any person under the age of 17[twentyone] years, in any part of the premises in which such spirit or drug is sold, during the hours in which such premises are kept open for business.

(2) No person who is licensed to sell foreign liquor for consumption on his premises shall, without the previous written permission of the Board, during the hours in which such premises are kept open for business, employ or permit to be employed, either with or without remuneration, any woman, in any part of such premises in which such liquor is consumed by the public.

(3) The Sate Government may, by notification, declare that sub-section (2) shall apply also, in any specified area, to persons licensed to sell country spirit for consumption on their premises.

(4) Every permission granted under sub-section (2) shall be endorsed on the licence, and may be modified or withdrawn.

(1) The District Magistrate or a Sub-divisional Magistrate may, by notice in writing to the licensee require that any shop in which any intoxicant is sold shall be closed at such times or for such period as he may think necessary for the preservation of the public peace.

(2) If any not or unlawful assembly is apprehended or occurs in the vicinity of any shop in which any intoxicant is sold, any Magistrate, or any Police Officer above the rank of constable, who is present, may require such shop to be kept closed for such period as he may think necessary.

(3) When a direction is made by a Magistrate under sub-section (1) or sub-section (2), or by a Police Officer under sub-section (2) such Magistrate or Police Officer shall forthwith inform the Collector of his action and of his reasons therefor.

DUTY

(1) An excise duty or a countervailing duty, as the case may be, at such rate or rates as the State Government may direct, may be imposed, either generally or for any specified local area on

(a) any excisable article imported, or

(b) any excisable article exported, or

(c) any excisable article transported, or

(d) any excisable article (other than tari) manufactured under any licence granted in respect of clause (a) of Section 13, or

(e) any hemp plant cultivated, or any portion of such plant collected, under any licence granted in respect of clause (b) or clause (c) of Section 13, or

(f) any excisable article manufactured in any distillery or brewery licensed, established, authorised or continued under this Act.

Explanation. Duty may be imposed on any article under this sub-section at different rates according to the places to which such article is to be removed for consumption, or according to the varying strength and quality of such article.

(2) A duty, at such rate or rates as the State Government may direct, may be imposed, either generally or for any specified local area, on any tari drawn under any licence granted under Section 14, sub-section (1).

(3) Notwithstanding anything contained in sub-section (1)

(i) duty shall not be imposed thereunder on any article which has been imported into India and was liable, on such importation, to duty under the Indian Tariff Act, 1894 (8 of 1894), or the Sea Customs Act, 1878 (8 of 1878) if

(a) the duty as aforesaid has been already paid, or

(b) a bond has been executed for the payment of such duty.

(ii) [Omitted by A.L.O.]

[S.O. 1317 the 25th October 1983. In exercise of the powers conferred by Section 27 of the Bihar and Orissa Excise Act, 1915 (Bihar and Orissa Act II of 1915) the Governor of Bihar is pleased to direct that in item numbers (3)(i) and (3)(ii) of Order no. X of the orders published under Notification No. 470-F, dated the 15th January 1919, as amended by Notification No. S.O. 79, dated the 7th January 1981, for the words Troops and Military bodies the following words shall be substituted with the immediate effect namely:

Armed forces of the Union, Central Reserve Police, Border Security (excluding officers) and the members of the Armed Forces of the Union on deputation to the National Cadet Corps.

Subject to any rules made under Section 60, clause (12) any duty imposed under Section 27 may be levied in any of the following ways:

(a) on an excisable article imported

(i) by payment (upon or before importation) in the State or terriitory from which the article is brought, or

(ii) by payment upon issue for sale from a warehouse established, authorised or continued under this Act,

(b) on an excisable article exported

by payment in the State or territory to which the article is sent;

(c) on an excisable article transported

(i) by payment in the district from which the article is sent, or

(ii) by payment upon issue for sale from a warehouse established, authorised or continued under this Act.

(d) on intoxicating drugs manufactured, cultivated or collected

(i) by a rate charged upon the quantity manufactured under a licence granted in respect of the provisions of Section 13, clause (a), or issued for sale from a warehouse established, authorised or continued under this Act, or

(ii) by a rate assessed on the area covered by, or on the quanity or out turn of the crop cultivated or collected under a licence granted in respect of the provision of Section 13, clause (b) or clause (c);

(e) on spirit or beer manufactured in any distillery or brewery licensed, established, authorised or continued under this Act.

(i) by a rate charged upon the quantity produced in or issued from the distillery or brewery, as the case may be, or issued for sale from a Warehouse established, authorised or continued under this Act, or

(ii) in accordance with such scale of equivalents, calculated on the quantity of materials used, or by the degree of attenuation of the wash or wort, as the case may be, as the State Government may prescribe; and

(f) on tari drawn under a licence granted uner Section 14, sub-section (1) by a tax on each tree from which the drawing of tari is permitted:

Provided that, where payment is made upon the issue of an excisable article for sale from a warehouse, it shall be at the rate of duty in force on the date of issue of such article from such warehouse:

18[Provided further that in case of excisable articles imported or transported on payment of duty according to the provisions of sub-clause (i) of clause (a) or clause (c) of this section, the difference of duty resulting from any provision in the rates of duty subsequent to such import shall be realised from, or credited to the account of the importing or transporting licence according to the revised rate of duty which may be higher or lower than the previous rate and the calculation thereof shall be made on the balance stock of excisable article on the date the revised rate of duty comes into effect:

Provided also that no tax shall be levied in respect of any tree from which tari is drawn only for the manufacture of gur or molasses and under such special conditions as the Board may prescribe.

Instead of or in addition to any duty leviable under this Act, the State Government may accept payment of a sum in consideration of the grant of any exclusive privilege under Section 22.

29-A. Saving for duties being levied at commencement of the Constitution. (1) Until provision to the contrary is made by the Parliament the State Government may continue to levy any duty to which this section applies which it was lawfully levying immediately before the commencement of the Constitution under this Chapter as then in force.

(2) The duties to which this section applies are

(a) any duty on intoxicants which are not excisable articles within the meaning of this Act;

(b) any duty on an excisable article produced outside India and imported into the State whether across a customs frontier as defined by the Central Government or not;

(c) any duty on medicinal or toilet preparations of the alcohol.

(3) Nothing in this section shall authorise the levy by the State Government of any duty which, as between goods manufactured or produced in the State and similar goods not so manufactured or produced, discriminates in favour of the former, or which, in the case of goods manufactured or produced outside the State discriminates between goods manufactured or produced in one locality and similar goods manufactured or produced, in another locality.

LICENCES, PERMITS AND PASSES

Before the expiration of every period for which existing licence for the retail sale of spirit or tari are in force, the Collector shall prepare a list, in a form prescribed by the Board, showing that licences it is proposed to grant for the retail sale of spirit or tari for consumption on the vendors' premises for the next period of settlement.

(1) The Collector shall

(a) cause to be conspicuously affixed upon the site of each shop referred to in the said list a notice to the effect that it is proposed to grant a licence for the retail sale of spirit or tari thereat, or in the vicinity, for the next period of settlement;

(b) if any site referred to in the said list is not at the time used for the retail sale of spirit or tari, cause a notice to the effect that it is proposed to grant a licence for the retail sale of spirit or tari thereat, or in the vicinity for the next period of settlement, to be proclaimed in the locality by beat of drum;

(c) send a copy of the said list to the Chairman of the District Board;

(d) send to the Chairman of each municipality 19[and Mayor of a Corporation] an extract reproducing so much of the said list as relates to shops in the municipality 19[and municipal corporation];

(e) cause the said list, or any portion thereof, to be published in such other methods (if any) as may be prescribed by rule made under Section 89, clause (j).

(2) When a copy of the said list is sent to the Chairman of the District Board, he shall send to each member of the District Board a copy thereof and to the Chairman of each local board an extract reproducing so much of the said list as relates to shops within the jurisdiction of the local board.

(3) When a extract is sent to the Chairman of any municipality under clause (d) of sub-section (1) he shall

(i) cause a copy of the extract to be conspicuously affixed at the central office of the municipality; and

(ii) send to each Municipal Commissioner a copy of the extract.

The list mentioned in Section 30 shall be prepared, and shall be published under Section 31, at such time as may be prescribed by rule made in this behalf under Section 89, clause (j).

(1) Objections to any proposal contained in any list prepared under Section 30 may be received, at any time prior to the date prescribed by rule made in this behalf under Section 89, clause (j), from

(a) persons paying municipal rates and residing in any municipality 20[or Corporation] to which such proposal relates, or (if any such municipality 20[or Corporation] is divided into wards) in the ward to which such proposal relates or in any ward adjoining such ward; or

(b) in the case of shops not situated in any municipality 20[or Corporation] persons owning or occupying land, or residing, in the vicinity of the shop to which such proposal relates; or

(c) the District Board; or

(d) the District Magistrate.

(2) Such objection must be submitted to the Collector, or in any municipality 21[or Corporation] either to the Chairman of the municipality 21[or Mayor of the Corporation] or to the Collector.

(3) Every Chairman of a district board or municipality 21[or Mayor of a Corporation] to whom a copy or an extract has been sent under Section 31, clause (c) or clause (d), as the case may be, shall send to the Collector, by date prescribed by rule made in this behalf under Section 89, clause (j),

(i) in a case of a municipality 21[or Mayor as the case may be], all objections (if any) to proposals contained in the extract which may be received by the Chairman, from persons paying municipal rates, before that date; and

(ii) in the case of a district board, all objections (if any) to proposals contained in the list which may be received by the Chairman from members of the district board, the Chairman of any local board; and

(iii) any opinion which the Chairman or the member of the district board or the Municipal Commissioner 21[or Councillor of a Corporation], as the case may be, may wish to record on the said proposals.

(1) After the date prescribed for the receipt of objections and opinions submitted under Section 33, the Collector shall consider the same, and shall, if necessary, revise the said list, and shall decide for what place licence for the retail sale of spirit shall be granted, and may, in his direction, grant licences accordingly.

(2) The Collector shall then forthwith submit the said list, as so revised and the said objections and opinions, and his own opinion to the Excise Commissioner.

The Excise Commissioner shall consider the list, objections and opinions so set to him and may modify or annul any order passed or licence granted by the Collector and, notwithstanding anything contained in Section 8, his orders shall be final.

The provisions of Sections 30 to 35 as to licences for the retail sale of spirits shall apply also in respect of licences for the retail sale, in any local area specified in any order made in this behalf on any other intoxicant specified in such order.

Sections 30 to 36 shall not apply in the case of any licence which it is proposed to grant

(a) to any person, for the retail sale of any intoxicant during any period not exceeding six months; or

(b) to any person, for the retail sale of any denatured spirit; or

(c) to any person, for the retail of any intoxicant, in substitution for a licence which has been cancelled or surrendered before the expiration of the period for which it was granted; or

(d) to any medical practitioner chemist, druggist, apothecary or keeper of a dispensary for the retail sale of any intoxicant for medical purposes.

(1) Every licence, permit or pass granted under this Act

(a) shall be granted

(i) on payment of such fees (if any), and

(ii) subject to such restrictions and on such conditions, and

(b) shall be in such form and contain such particulars, as the Board may direct.

(2) Every licence, permit or pass under this Act shall be granted for such period (if any) as may be prescribed by rule made by the State Government under Section 89, clause (e).

The Board may, if it thinks fit, at any time during the period for which any licence has been granted, order a reduction of the amount of fees payable in respect thereof during the unexpired portion of the grant.

Any authority granting a licence under this Act may require the grantee to execute a counterpart agreement in conformity with the tenure of his licence, and to give such security for the performance of such agreement, or to make such deposit in lieu of security, as such authority may think fit.

(1) No licence granted under this Act shall be deemed to be invalid by reason merely of any technical defect, irregularity or omission in the licence or in any proceeding taken prior to the grant thereof.

(2) The decision of the Excise Commissioner as to what is a technical defect, irregularity or omission shall be final.

(1) 24[ Subject to restrictions as the State Government may prescribe the authority who granted any licence, permit or pass under this Act may cancel, suspend it or impose penalty.

(a) if it is transferred or sublet by the holder thereof without the permission of the said authority; or

(b) if any duty or fee payable by the holder thereof be not duly paid; or

(c) in the event of any breach by the holder thereof, or by any of his servants, or by anyone acting on his behalf with his express or implied permission, of any of the terms or conditions thereof; or

(d) if the holder thereof is convicted of any offence punishable to revenue under this Act or any other law for the time being in force relating to revenue, or of any cognizable and non-bailable offence, or of any offence punishable under the Dangerous Drugs Act, 1930 (2 of 1930) or under the Merchandise Marks Act, 1889 (4 of 1889), or under other section which has been introduced into the Indian Penal Code by Section 3 of that Act; or

(e) if the holder thereof is punished for any offence referred to in clause (8) of Section 167 of the Sea Customs Act, 1878 (8 of 1878); or

(f) where a licence, permit or pass has been granted on the application of the holder of an exclusive privilege granted under Section 22 on the requisition in writing of such holder; or

(g) if the conditions of the licence, permit or pass provide for such cancellation or suspension at will.

25[ (h)(i) for breach of such conditions of licence, which caused loss of revenue to the State (including Excise duty, other admissible fee, Sales Tax etc.) in addition to the total amount of loss on equal amount shall be imposed as penalty.

(ii) Penalty of two hundred per cent of loss of revenue shall be imposed for subsequent economic offence committed under clause (h)(i) of the said sub-section (i).]

(2) When a licence, permit or pass held by any persons is cancelled under clause (a), clause (b), clause (c), clause (d) or clause (e) of sub-section (1), the authority aforesaid may cancel any other licence, permit or pass granted to such person by, or by the authority of the State Government under this Act, or under any other law for time being in force relating to Excise, or under the Opium Act, 1878 (1 of 1878).

26[(3) When a licence, permit or pass is liable to be cancelled, it may, at the discretion of the authority who granted the same, be suspended for a period of ninety days at a time, provided the authority concerned may extend the period of suspension beyond ninety days under exceptional circumstances, after recording reasons for the same.]

(4) The holder of a licence, permit or pass shall not be entitled to any compensation for its cancellation or suspension under this section, or to the refund of any fee paid or deposit made in respect thereof.

(1) Whenever the authority who granted any licence under this Act considers that the licence should be withdrawn for any cause other than those specified in Section 42, it shall remit a sum equal, the amount of the fees payable in respect thereof for fifteen days, and may withdraw the licence either

(a) on the expiration of fifteen days' notice in writing of its intention to do so, or

(b) forthwith, without notice.

(2) If any licence be withdrawn under clause (b) of sub-section (1) the said authority shall, in addition to remitting such sum as aforesaid, pay to the licensee such further sum (if any), by way of compensation, as the Excise Commissioner may direct.

(3) If any licence be withdrawn under clause (a) of sub-section (1), the Excise Commissioner may, in special circumstances, direct the payment of such compensation as he may consider fit in addition to the remission of the fee as aforesaid.

(4) Where a licence is withdrawn under sub-section (1), any fee paid in advance, or deposit made, by the licensee in respect thereof shall be refunded to him after deducting the amount (if any) due to the State Government.

(5) For the purpose of calculating the amount due to the State Government mentioned in sub-section (4), the amount of fee payable on account of the licence for the period during which it was in force shall be taken to be the sum bearing the same proportion to the total fee for the whole period for which the licence was settled as the period during which the licence was actually in force bears to the full period for which the licence was settled.

(1) Any holder of a licence granted under this Act to sell an intoxicant may, unless his licence is liable to cancellation or suspension under Section 42, surrender the same

(a) on the expiration of one month's notice in writing given by him to the Collector of his intention to surrender it, and

(b) on payment of the fees payable for the licence for the whole period for which it would have been current but for such surrender:

Provided that, if the Excise Commissioner is satisfied that there is sufficient reason for the surrender of a licence, he may remit to the holder thereof the sum so payable on surrender, and any fees paid in advance or any portion of such sum or fees.

(2) Sub-section (1) shall not apply in the case of a licence for the sale of any country liquor or intoxicating drug in the exercise of an exclusive privilege granted under Section 22.

Explanation. The words holder of a licence as used in this section, include a person whose tender or bid for a licence has been accepted, although he may not actually have received the licence.

No person to whom any licence has been granted under this Act shall have any claim to the renewal of such licence or, save as provided in Section 43, any claim to compensation on the determination thereof.

DEPARTMENTAL MANAGEMENT OR TRANSFER

(1) If any holder of a licence granted under this Act or any person to whom an exclusive privilege has been granted under Section 22, contravenes any provision of this Act or any rule made hereunder, or makes default in complying with any condition imposed upon him such licence or privilege, the Collector may (in the case of a licence, after the cancellation thereof, and in the case of any exclusive privilege, at any time)

(a) take the grant under management, at the risk and loss of the person to whom it was made; or

(b) transfer the unexpired portion of the grant, at the risk and loss of the said person, to any other person.

(2) If a licence granted to any person under this Act is withdrawn under Section 43, or surrendered under Section 44, the Collector may after the withdrawal or surrender thereof, take the grant under management, or transfer the unexpired portion of the grant to any other person.

OFFENCES AND PENALTIES

27[47. Penalty for unlawful import, export, transport, manufacture, possession, sale, etc. Whoever, in contravention of provision of this Act or of any rule or order made or notification issued under this Act or in contravention of any condition of any license or permit or pass, granted under this Act or without a valid license, permit or pass issued under this Act

(a) manufactures, possesses, sells, distributes, bottles, imports, exports, transports or removes any intoxicant; or

(b) Cultivates any hemp plant; or

(c) Constructs or establishes or works any manufactory, distillery, brewery or warehouse; or

(d) bottles any liquor for the purpose of sale; or

(e) uses, keeps or has in his possession any material, still, utensil, implement or apparatus, or premises, whatsoever, for the purpose of manufacturing any intoxicant; or

(f) possesses any material or film either with or without the State Government logo or logo of any State or wrapper or any other thing in which liquor can be packed or any apparatus or implement or machine for the purpose of packing any liquor; or

(g) sells any intoxicant, collects, possesses or buys any intoxicant beyond the prescribed quantity; or

(h) removes any intoxicant from any distillery, brewery, warehouse, other place of storage licensed, established, authorized or continued under this Act;

Shall be punishable with imprisonment for a term not less than ten years but which may extend to imprisonment for life and with fine which shall not be less than one lakh rupees but which may extend to ten lakh rupees.]

28[47-A. Commission of offence by companies. (1) If the person committing an offence under this Act is a company, the company as well as every person in charge of and responsible to, the company for the conduct of its business at the time of commission of the offence, shall be deemed to be guilty of offence, and shall be liable to be proceeded against and punished accordingly.

Provided that where a company has different establishment or branches or different units in any establishment or branch, the concerned Chief Executive and the person in charge of such establishment, branch, unit nominated by the company as responsible for the conduct of business shall be liable for contravention in respect of such establishment, branch or unit:

Provided further that nothing in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent of connivance of, or that the commission of the offence is attributable to any neglect on the part of any director, manager, secretary, or other officer of the company, such director, manager, secretary or other officer shall be liable to be proceeded against and punished accordingly.

(3) This section shall not apply to such companies where the majority shareholding is held by Central or any State Government or such companies as the Board may exempt.

Explanation. For the purpose of this section - company means any body corporate and includes a firm or other association of individuals; and director , in relation to the firm, means a partner in the firm.

29[ (1) In prosecution under any relevant provision of this Act, it shall be presumed, until the contrary is proved, that the accused person has committed the offence punishable under that section in respect of any intoxicant, premises, still, utensil, implement or apparatus, for the possession of which he is unable to account satisfactorily.

(2) Where any animal, vessel, cart or other vehicle and any premises is used in the commission of an offence under this Act, is liable to confiscation and/or liable to be sealed, the owner or occupier thereof shall be deemed to be guilty of such offence and such owner shall be liable to be proceeded against and punished accordingly, unless he satisfies the court that the offence was committed without his knowledge or that he had exercised due care in the prevention of the commission of such an offence.

30[ Whoever renders or attempts to render fit for human consumption any spirit, which has been denatured or has in his possession any spirit in respect of which he knows or has reason to believe that such attempt has been made, shall be punishable with imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life and with fine, which shall not be less than one lakh rupees but which may extend to ten lakh rupees.

31[ Whoever mixes or permits to be mixed with any liquor sold or manufactured or possessed by him any noxious drug or any foreign ingredient likely to cause disability or grievous hurt or death to human beings, shall be punishable

(a) if as a result of such an act, death is caused, with death or imprisonment for life and shall also be liable to fine, which shall not be less than five lakh rupees but which may extend to ten lakh rupees;

(b) if as a result of such an act, disability or grievous hurt is caused to any person, with rigorous imprisonment for a term which shall be not less than ten years but which may extend to imprisonment for life, and with fine which shall not be less than two lakh rupees but which may extend to ten lakh rupees;

(c) if as a result of such an act, any other consequential injury is caused to any person, with imprisonment for a term which shall not be less than eight years but which may extend to life imprisonment and with fine, which shall not be less than one lakh rupees but which may extend to ten lakh rupees;

(d) if as a result of such an act, no injury is caused, with imprisonment which shall not be less than eight years but which may extend to ten years and fine which shall not be less than one lakh rupees but may extend to five lakh rupees.

Explanation. For the purpose of this section the expression grievous hurt shall have the same meaning as in Section 320 of the Indian Penal Code, 1860 (XLV of 1860).

32[ Whosoever sells or keeps or exposes for sale as foreign liquor imported into India which he knows or has reason to believe to be Indian liquor shall be punishable with imprisonment which shall not be less than ten years but which may extend to imprisonment for life and with fine, which shall not be less than one lakh rupees but which may extend to ten lakh rupees.]

33[ Whoever,

(a) sells or keeps or exposes for sale, as foreign liquor, any liquor which he knows or has reason to believe to be country liquor, or

(b) marks any bottle, case, package or other receptacle containing country liquor or the cork of any such bottle, or deals with any bottle, case, package or such other receptacle containing country liquor or deals with any bottle, case, package or other receptacle containing country liquor with the intention of causing it to be believed that such bottle, case, package or other receptacle contains foreign liquor;

shall be punishable with imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life and with fine, which shall not be less than one lakh rupees but which may extend to ten lakh rupees.

34[ Whoever, in contravention of this Act or the rules, notification or order made thereunder

(a) consumes liquor in a public place or an unauthorized place; or

(b) consumes liquor in a public place or an unauthorized place or an authorized place and creates nuisance; or

(c) permits drunkenness or allows assembly of unsocial elements in his premises or on the premises of liquor establishment; shall be punishable,

(1) in case of an offence falling under clause (a), with a term which shall not be less than five years but which may extend to seven years and with fine, which shall not be less than one lakh rupees which may extend to ten lakh rupees.

(2) In case of an offence falling under clause (b) with a term which shall not be less than seven years but which may extend to ten years and with fine, which shall not be less than one lakh rupees which may extend to ten lakh rupees.

(3) In case of an offence falling under clause (c), with a term which shall not be less than ten years but which may extend to imprisonment for life and with fine, which shall not be less than one lakh rupees which may extend to ten lakh rupees.

35[ If any person, without lawful authority, has in his possession any intoxicant, knowing or having reason to believe the same to have been unlawfully imported, transported, manufactured, or knowing or having reason to believe that the prescribed duty has not been paid thereon, he shall be punished with imprisonment for a term which may not be less than eight years but which may extend to ten years and shall also be liable to fine which may extend to ten lakh rupees and in default of payment of fine, shall be punished with a further imprisonment for a term which may extend to one year.

36[ (1) If a chemist, druggist, apothecary or a keeper of a dispensary, allows any liquor which has not been bonafidely medicated for medicinal purposes to be consumed on his business premises by any person, he shall be punishable with a term which shall not be less than eight years but which may extend to ten years and with fine, which shall not be less than one lakh rupees which may extend to ten lakh rupees.

(2) If a person consumes any such liquor on such premises, he shall be punishable with a term which shall not be less than five years but which may extend to seven years and with fine, which shall not be less than one lakh rupees which may extend to ten lakh rupees.]

37[ Whoever prints, publishes or gives an advertisement directly or indirectly in any media, including films & television, or any social platform soliciting the use of any liquor, shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to seven years or with fine which may extend to ten lakh rupees, or with both:

Provided that this section shall not apply to catalogue and price list and advertisement generally or specially approved by the Excise Commissioner for display at the points of sale for consumer information and education.]

38[ (1) Where any intoxicant has been imported, exported, manufactured, transported or sold or is possessed by any person on account of any other person and such other person knows or has reason to believe that such import, export, manufacture, transport or sale was or that such possession is, on his account, the intoxicant shall, for the purpose of this Act, be deemed to have been imported, exported, transported, sold or manufactured by or to be in possession of such other person who shall be punishable with a term which shall not be less than eight years but which may extend to ten years and with fine which may extend up to ten lakh rupees.

(2) Nothing in sub-section (1) shall absolve any person who manufactures, sells or has in possession any intoxicant on account of another person, from liability to any punishment under this Act or unlawful manufacture, sale or possession of such intoxicant.

39[ (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) the Collector, when passing an order under this Act may, if he is satisfied that death or injury has been caused to any person due to consumption of liquor sold in any place, order the manufacturer and seller, whether or not he is convicted of an offence, to pay, by way of compensation, an amount not less than four lakh rupees to the legal representatives of each deceased or two lakh rupees to the person to whom grievous hurt has been caused, or twenty thousand rupees to the person for any other consequential injury:

Provided that where the liquor is sold in a licensed shop, the liability to pay the compensation under this section shall be on the licensee.

(2) The Collector may recover the said compensation as Public Demand under the Public Demands Recovery Act, 1914 (Bihar and Orissa Act IV of 1914).

(3) Any person aggrieved by an order under sub-section (1) may, within thirty days from the date of the order, prefer an appeal to the High Court:

Provided that no appeal can be filed by the accused unless the amount ordered to be paid under sub-section (1) is deposited by him in the court:

Provided further that the High Court may entertain an appeal after expiry of the said period of thirty days if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time.]

40[59. Penalty for misconduct of licensees, etc. Whoever being a holder of a license or permit granted or issued under this Act or being in the employment of such holder and acting on his behalf,

(a) Fails to produce such license or permit on demand by any excise officer or any other officer duly empowered to make such demand; or

(b) Willfully does or omits to do anything in contravention of the conditions of his license or permit not otherwise provided in this Act; or

(c) fails to cooperate during the inspection by any excise officer of his premises,

(d) Fails to submit returns.

Shall on conviction, be punished

(1) In the case of an offence falling under clause (a), with fine which shall not be less than one lakh rupees but which may extend to ten lakh rupees.

(2) In the case of an offence falling under clause (b), with an imprisonment for a term which shall not be less than seven years but may extend to ten years and with fine which shall not be less than one lakh rupees but which may extend to ten lakh rupees.

(3) In the case of an offence falling under clause (c) and (d), with fine which shall not be less than one lakh rupees but which may extend to ten lakh rupees and ten thousand rupees per day for subsequent delay.

41[ (1) If any license holder or any person sells or delivers any liquor to any person apparently under the age of twenty-one years, he shall be punishable with a term which shall be not be less than seven years but which may extend to ten years and with fine, which shall not be less than one lakh rupees which may extend to ten lakh rupees.

(2) If a license holder employs any person under the age of twenty-one years or any woman, he shall be punishable with a term which shall not be less than five years but which may extend to seven years and with fine, which shall not be less than one lakh rupees which may extend to ten lakh rupees, or with both.]

42[ Notwithstanding anything contained in the Indian Penal Code, 1860 (XLV of 1860) any person who assaults or threatens to assault or obstructs or attempts to obstruct any excise officer or police officer or any other officer in the discharge of his official duties shall be punishable with a term which shall be not be less than eight years but which may extend to ten years and with fine, which shall not be less than one lakh rupees which may extend to ten lakh rupees.]

43[ If any person fails to pay any duty or fee, which under this Act he is liable to pay, he shall be punishable with imprisonment for a term which shall not be less than seven years but which may extend to ten years and also with fine which shall not be less than one lakh rupees but which may extend to ten lakh rupees.]

44[ Whoever, being a licensee under this Act and having the control or use of any house, room, enclosure, space, animal or conveyance, knowingly permits it to be used for commission by any other person of an offence punishable under any provision of this Act, shall be punishable in the same manner as if he had himself committed the said offence.

45[ Whoever attempts to commit an offence punishable under this Act, shall be liable for half the maximum punishment provided for the offence under this Act.

46[64-A. Penalty for Contempt of Court. Every Proceeding under this Act before a Collector or before any officer, of such rank as the State Government may by notification prescribe, who is exercising power of the Collector, shall be deemed to be a judicial proceeding within the meaning of Section 228 of the Indian Penal Code (45 of 1860).

47[ Any excise officer or other person who vexatiously and without reasonable ground for suspicion

(a) Enters or searches or causes to be entered or searched any closed place under color of exercising any power conferred by this Act;

(b) Seizes the movable property of any person on the pretext of seizing or searching for any article liable to confiscation under this Act;

(c) Searches, detains or arrests any person;

(d) In any other way exceeds his lawful powers under this Act, shall be liable to imprisonment for a term which may extend to three months, or with fine which may extend to ten thousand rupees or with both.

48[ Any excise officer who, without lawful excuse, refuses to perform or withdraws himself from the duties of his office, unless expressly allowed to do so in writing by the Excise Commissioner, or unless he shall have given to his official superior officer two months' notice in writing of his intention to do so, or who shall be guilty of cowardice shall be punishable with imprisonment which may extend to three months or with fine which may extend to ten thousand rupees, or with both.]

49[ Whoever does any act in contravention of any of the provisions of this Act or any rule or order made there under and punishment for which has not been otherwise provided for such contravention, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to seven years or with fine which shall not be less than one lakh rupees but which may extend to ten lakh rupees or both.

50[67-A. Enhanced punishment after previous conviction. If any person, after having been previously convicted of an offence punishable under this Act, subsequently commits and is convicted of an offence under this Act, he shall be liable to twice the punishment, provided for the first conviction.]

51[67-B. Power of court to implead manufacturer, etc. Where at any time during the trial of an offence under this Act, alleged to have been committed by any person, not being the manufacturer, distributor or dealer of any intoxicant, the court is satisfied, on the evidence adduced before it, that such manufacturer, distributor or dealer is also concerned with that offence then the court may notwithstanding anything contained in the sub-section (3) of Section 319 of the Code of Criminal Procedure, 1973 (2 of 1974), proceed against him under any section of this chapter.

52[67-C. Magistrate's power to impose enhanced penalties. Notwithstanding anything contained in Section 29 of the Code of Criminal Procedure, 1973 (2 of 1974), it shall be lawful for any Sessions Judge to pass any sentence, authorized by this Act.

53[ Any offence committed in contravention of the provisions of this Act shall be non-compoundable under this Act.

54[68-A. Certain things liable to confiscation. Whenever an offence has been committed, which is punishable under this Act, following things shall be liable to confiscation, namely

(a) any intoxicant, material, still, utensil, implement, apparatus in respect of or by means of which such offence has been committed;

(b) any intoxicant unlawfully imported, transported, manufactured, sold or brought along with or in addition to, any intoxicant, liable to confiscation under clause (a);

(c) any receptacle, package, or covering in which anything liable to confiscation under clause (a) or clause (b), is found, and the other contents, if any, of such receptacle, package or covering;

(d) any animal, vehicle, vessel, or other conveyance used for carrying the same.

(e) Any premises or part thereof that may have been used for committing any offence under this Act.

55[68-B. Power of Collector, etc., to order sale or destruction of articles liable to confiscation. If the article in question is liable to speedy and natural decay, or if the Excise Commissioner, Collector, Court or the officer authorized by the State Government in this behalf is of opinion that the sale would be in public interest or the sale would be for the benefit of the owner, the Excise Commissioner, Collector, Court or the officer may at any time direct such articles to be sold and proceeds be deposited with the Government:

Provided that, where anything is liable to speedy and natural decay, or is of trifling value, the Court or the officer concerned, may, order such thing to be destroyed, if in its or his opinion such order is expedient in the circumstances of the case.

56[68-C. Confiscation by District Collector in certain Cases. (1) Notwithstanding anything contained in this Act or any other law for the time being in force, where anything liable for confiscation under this Act is seized or detained under the provisions of this Act, the officer seizing and detaining such property shall, without any reasonable delay produce the said property before the District Collector who has jurisdiction over the said area.

(2) On production of the said seized articles or materials under sub-section (1), the District Collector if satisfied that an offence under this Act has been committed, may, whether or not prosecution is instituted for the commission of such an offence, order confiscation of such property. Otherwise he may order its return to the rightful owner.

(3) While making an order of confiscation under sub-section (2), the District Collector may also order that such of the properties which the order of confiscation relates, which in his opinion cannot be preserved or are not fit for human consumption, be destroyed. Whenever any confiscated article has to be destroyed in conformity with these provisions, it shall be destroyed in the presence of a Magistrate or officer ordering the confiscation or forfeiture, as the case may be, or in the presence of the Excise Officer not below the rank of an Inspector.

(4) Where the District Collector after passing an order of confiscation under sub-section (2) is of the opinion that it is expedient in the public interest so to do, he may order the confiscated property or any part thereof to be sold by public auction or dispose of departmentally.

(5) The District Collector shall submit a full report of all particulars of confiscation to the Commissioner of Excise within one month of such confiscation.

57[68-D. Order of confiscation and destruction not to interfere with other punishment. The order of any confiscation under Section 68C shall not prevent imposition of any order punishment to which the person affected thereby is liable under this Act.]

58[68-E. Bar of jurisdiction in confiscation. Whenever any liquor, material, still, utensil, implements or apparatus or any receptacle, package, any animal cart, vessel, or other conveyance used in committing any offence, is seized or detained under this Act, no court shall have, notwithstanding anything to the contrary contained in any other law for the time being in force, jurisdiction to make any order with regard to such property.

59[68-F. Confiscated article to be made over to the Collector. (1) Subject to the provisions of this Act when any article, animal or thing is duly confiscated either by the order of the court or otherwise, such article, animal or thing shall be made over to the Collector for disposal or be disposed of as prescribed.

(2) When an order for confiscation of any property has been passed under Section 68C and such order has become final in respect of the whole or any portion of such property, such property or portion thereof, as the case may be, shall vest in the State Government free from any encumbrance.

60[68-G. Premises liable to be sealed. If it comes to the notice of any Excise officer or any police officer not below the rank of a Sub-Inspector that a particular premises or a part thereof is or has been used for committing any offence under this Act, he may immediately seal the premises and send a report to the Collector for the confiscation of the same.

Provided that if the said premises are temporary structures which cannot be effectively sealed, then the Excise Officer or the police officer, with the order of the Collector, may demolish such temporary structures.

61[68-H. Power of Collector to close places where intoxicant or hemp is sold in certain cases. (1) If the Collector is of opinion that it is in the interest of public peace to close any place in which any intoxicant is sold, it shall be lawful for the Collector, by an order in writing to the person holding a license for the sale of such intoxicant, to require him to close such place at such time or for such period as may be specified in the order.

(2) If a not or unlawful assembly is imminent, or takes place, it shall be lawful for any Executive Magistrate who is present to direct that such place shall be closed and kept closed for such period as he thinks fit, and in the absence of any Executive Magistrate, the person referred to in sub-section (1) shall, himself, close such place.

(3) Any order given under this section, shall be appealable before Collector, if given by any other Executive Magistrate, and before the Excise Commissioner, if given by the Collector.

62[68-I. Collective Fine. If the Collector is of the opinion that a particular village or town or any locality within a village or town or any particular group/community living in that village or town have been repeatedly violating any of the provisions of this Act or are habitually prone to commit an offence under this Act or are obstructing the administration of this Act, then the Collector may impose a suitable collective fine on such group of people living in such area of the town or village and may recover such fine as if they were Public Demands under the Bihar & Orissa Public Demands Recovery Act, 1914 (Bihar and Orissa Act IV of 1914).

DETECTION, INVESTIGATION AND TRIAL OF OFFENCES, AND PROCEDURE

69. Power to enter and inspect, and power to test and seize measures, etc. Any of the following officers, namely:

(a) the Excise Commissioner, or

(b) a Collector, or

(c) any Excise Officer not below such rank as the State Government may, by notification, prescribe, may subject to any restrictions prescribed by the State Government by rule made under Section 89,

(i) enter and inspect at any time by day or night, any place in which any licensed manufacturer carries on the manufacture of or stores any intoxicant; and

(ii) enter and inspect, at any time during which the same may be open, any place in which any intoxicant is kept for sale by any licensed person; and

(iii) examine the accounts and registers maintained in any such place as aforesaid; and

(iv) examine, test, measure or weigh any materials, stills, utensils, implements, apparatus or intoxicant found in any such place as aforesaid; and

(v) examine or test and seize any measures, weights or testing instruments, found in any such place as aforesaid, which he has reason to believe to be false.

Any of following persons, namely:

(a) any officer of the Excise, Police, Salt, Customs or Land-revenue Department, or

(b) any person empowered by the State Government in this behalf, by notification, may, subject to any restrictions prescribed by the State Government by rule made under Section 89

(i) arrest without warrant any person found committing an offence punishable under Section 47, Section 49, Section 55, or Section 56,

(ii) seize and detain any article which he has reason to believe to be liable to confiscation under this Act or any other law for the time being in force relating to the excise-revenue; and

(iii) detain and search any person upon whom, and any vessel, raft, vehicle, animal, package, receptacle or covering in or upon which, he may have reasonable cause to suspect any such article to be.

The Collector or any Magistrate empowered to try offences punishable under this Act, may issue a warrant for the arrest of any person whom he has reason to believe to have committed or abetted any offence punishable under Section 47, Section 49, Section 55, or Section 56.

If any Collector or any Magistrate empowered to try offences punishable under this Act, upon information received, and after such inquiry (if any) as he thinks necessary, has reason to believe that any offence punishable under Section 47, Section 49, Section 55, or Section 56 has been, or, is likely to be, committed or abetted,

he may issue a warrant to search for any intoxicant, material, still, utensil, implement or apparatus in respect of which the alleged offence has been, or is likely to be, committed or abetted, or any document which throws or is likely to throw any light on the alleged offence.

The Collector or any Sub-Divisional Magistrate or Magistrate of the first class may, at any time,

(a) arrest, or direct the arrest in his presence of, any person for whose arrest he is competent at the time and in the circumstances to issue a warrant under Section 71, or

(b) search, or direct a search to be made in his presence of any place for the search of which he is competent to issue a search-warrant under Section 72.

Whenever any Excise Officer not below such rank as the State Government may by notification prescribe has reason to believe that an offence punishable under Section 47, Section 49, Section 55 or Section 56 has been, is being or is likely to be committed or abetted, and that a search warrant cannot be obtained without affording the offender an opportunity of escaping or of concealing evidence of the offence,

he may, after recording the grounds of his belief, at any time, by day or night, enter and search any place, and may seize anything found therein which he has reason to believe to be liable to confiscation under this Act; and

may detain and search, and, if he thinks proper, arrest, any person found in such place whom he has reason to believe to have committed or abetted any such offence as aforesaid.

(1) Every officer of the Police, Salt, Customs and Land Revenue Departments, shall be bound subject to any rules made under Section 89, clause (1), to give immediate information to an Excise Officer of all breaches of any of the provisions of this Act which may come to his knowledge.

(2) Every officer referred to in sub-section (1), and every village chaukidar and dafadar, shall be bound, subject to any rules made under Section 89, clause (1), to give reasonable aid to any Excise Officer in carrying out the provisions of this Act, or of any rule, notification or order made, issued or given under this Act, upon request made by such officer.

Whenever any intoxicant is manufactured on any land or premises, or any hemp plant is cultivated, or any portion of the hemp plant from which an intoxicating drug can be manufactured or produced is collected, on any land in contravention of this Act,

all owners and occupiers of such land or premises, and their agents and all panchayats, village-headmen, patwaris, sarbarakar, chaukidars and dafadars of the village,

shall, in the absence of reasonable excuse, be bound to give notice of the fact to a Magistrate or an Officer of the Excise, Police or Land-Revenue Department, as soon as the fact comes to their knowledge.

(1) A Collector may, without the order of a Magistrate, investigate offence punishable under this Act which a Court having jurisdiction over the local area within the limits of the Collector's jurisdiction would have powers to inquire into or try under the provisions of 63[Chapter XIII of the Code of Criminal Procedure, 1973 (Act 2 of 1974)] relating to the place of inquiry or trial.

(2) Any other Excise Officer specially empowered in this behalf by the State Government in respect of all or any specified class of offences punishable under this Act may, without the order of a Magistrate, investigate any such offence which a Court having jurisdiction over the local area to which such officer is appointed would have power to inquire into or try under the aforesaid provisions.

(1) Any Collector, or any Excise Officer empowered under Section 77, sub-section (2) may, after recording in writing his reason for suspecting the commission of an offence which he is empowered to investigate, exercise

(a) any of the powers conferred upon a Police Officer making an investigation, or upon an officer-in-charge of a police-station, by Sections 160 to 171 of the 64[Code of Criminal Procedure, 1973 (Act 2 of 1974)] and

(b) as regards offences punishable under Section 47, Section 49, Section 55, or Section 56 of this Act any of the powers conferred upon Police Officers in respect of cognizable offences by clause first of sub-section (1) of Section 64[41] and by Section 64[55] of the said Code,

and the said portions of the said Code shall apply accordingly, subject to any restrictions or modifications prescribed by the State Government by the rule made under Section 89, Clause (o).

(2) Subject to any restrictions prescribed by the State Government a Collector or an Excise Officer empowered under Section 77, sub-section (2), may, without reference to a Magistrate; and for reasons to be recorded by him in writing, stop further proceedings against any person concerned, or supposed to be concerned, in any offence which he or any Excise Officer subordinate to him has investigated.

(3) For the purposes of Section 156 of the 65[Code of Criminal Procedure, 1973 (2 of 1974], the area to which an Excise Officer empowered under Section 77, sub-section (2), is appointed shall be deemed to be a Police-Station, and such officer shall be deemed to be the Officer-ln-Charge of such station.

(4) As soon as investigation by a Collector or by an Excise Officer empowered under Section 77, sub-section (2), has been completed, if it appears that there is sufficient evidence to justify the forwarding of the accused to a magistrate, the investigating officer, unless he proceeds under sub-section (2) of this section or under Section 68 of this Act, shall submit a report which shall, for the purposes of Section 190 of the 65[Code of Criminal Procedure, 1973 (2 of 1974) be deemed to be a Police-report] to a Magistrate having jurisdiction to inquire into or try the case and empowered to take cognizance of offences on Police-reports.

(1) Wherever a Collector or Magistrate issues a warrant under this Act for the arrest of any person, he shall direct, by endorsement on the warrant, that, if such person executes a bond with sufficient sureties for his attendance before the Collector or before an Excise Officer empowered under Section 77, sub-section (2) to investigate the case, at a specified time and thereafter until otherwise directed by the Collector or an Excise Officer empowered as aforesaid, the officer to whom the warrant is directed shall take such security, and shall release such person from custody.

(2) The endorsement shall state

(a) the number of sureties,

(b) the amount in which they, and the person for whose arrest the warrant is issued, are respectively to be bound, and

(c) the time at which such person is to attend as aforesaid.

(3) Whenever security is taken under this section, the officer to whom the warrant is directed shall forward the bond to the Collector or an Excise Officer empowered as aforesaid.

66[(4) Whenever any person is arrested for any offence punishable under any section of this Act other than Section 47, Section 49, Section 55 or Section 56 of the Act otherwise than under a warrant, and is prepared to give bail he shall be released on bail, or, at the discretion of the officer releasing him on his own bond. The offences punishable under Section 47, Section 49, Section 55 and Section 56 shall be non-bailable and the provisions of the Code of Criminal Procedure, 1973 (Act 2 of 1974) in this regard shall apply to such offences.]

(5) Any Excise Officer not below such rank as the State Government may, by notification, prescribe, may release persons on bail or on their own bonds.

(6) Bonds taken under this section from persons arrested otherwise than under warrant shall bind such persons to appear before the Collector or an Excise Officer empowered under Section 77, sub-section (2), to investigate the case.

67[(7) The provision of Sections 440 to 444, 445, 446, 449 of the Code of Criminal Procedure, 1973 (Act 2 of 1974), shall apply, so far as may be, in every case in which bail is accepted or a bond taken under this section.]

(1) Articles seized under the warrant of the Collector and, unless security for thir appearance before the Collector be taken, persons arrested under such a warrant shall be produced before the Collector.

(2) Articles seized under Section 69, Section 70 or Section 72 and persons arrested under this Act, by persons or officers not having authority to release arrested persons on bail or on their own bond, shall be produced before or forwarded to

(a) the Collector or an Excise Officer empowered under Section 77, sub-section (2), to investigate the case, or

(b) the nearest Excise Officer who has authority to release arrested persons on bail or on their own bond, or

(c) the Officer-ln-Charge of the nearest police-station, whoever is nearer.

(3) When a person arrested is produced before an Excise Officer who has authority to release arrested persons on bail or on their own bond, or before an Officer-ln-Charge of a police-station, such officer shall forward such person to, or take security for his appearance before, the Collector or the Excise Officer empowered under Section 77, sub-section (3), to investigate the case.

(4) When any articles seized cannot conveniently be conveyed before an officer referred to in sub-section (1) or sub-section (2), as the case may be, the person making the seizure shall dispose of them in some place of safety and forthwith report the seizure to such an officer.

(1) All Officer-ln-Charge of police-stations shall take charge of and keep in safe custody pending the orders of a Magistrate, or of the Collector, or of an Excise Officer empowered under Section 77, sub-section (2), to investigate the case, all articles seized under this Act which may be delivered to them and shall allow any Excise Officer who may accompany with articles to the police-station or who may be deputed for the purpose by an official superior, to affix his seal to such articles and to take samples of and from them.

(2) All samples so taken shall be sealed with the seal of the Officer-ln-Charge of the police-station.

When any Excise Officer below the rank of Collector, or any Officer-ln-Charge of a police-station, makes, or receives information of any arrest, seizure or search under this Act, he shall, within twenty four hours thereafter, make a full report of all the particulars of the arrest, seizure, or search or of the information received to the Collector, and to the Excise Officer (if any) empowered under Section 77, sub-section (2), within the local limits of whose jurisdiction the arrest, seizure, or search was made.

Any warrant issued by a Collector may be executed by any officer selected by the Collector for the purpose.

(1) Any person arrested for an offence under this Act shall be informed, as soon as may be, of the grounds for, such arrest and shall be produced before nearest Magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journeys from the place of arrest to the court of the Magistrate; and no such person shall be detained in custody beyond the said period without the authority of a Magistrate.

(2) A Magistrate to whom an accused person is forwarded under 68[Section 167 of the Code of Criminal Procedure 1973 (Act 2 of 1974) by a Collector or an Excise Officer empowered under Section 77, sub-section (2), may exercise the power conferred upon a Magistrate by the said Section 167.

(1) Save as in this Act otherwise expressly provided, the provisions of the Code of Criminal Procedure,69 [1973 (Act 2 of 1974)] relating to arrests, detentions in custody, searches, summonses, warrants of arrest, search warrants and the production of persons arrested shall apply so far as may be, to arrests, detentions and searches made, summonses and warrants issued, and the production or persons arrested under this Act.

(2) For the purposes of the said provisions of the said Code, a Collector shall be deemed to be a Court.

(3) Officers to whom a Collector's warrant is directed or endorsed and Officers (other than Collectors) making arrests, searches or seizures under this Act, shall, for purposes of the said provisions of the said Code, be deemed to be Police Officers.

No Magistrate other than

(a) a Magistrate whose powers are not less than those of a Magistrate of the second class, or

(b) a Magistrate of the third class specially empowered by the District Magistrate in this behalf, shall try any offence punishable under this Act.

70[86-A. Scales of punishment from the date of publication of this Act. Any person found guilty of any offence against the provisions of Bihar and Orissa Excise Act from the date of publication of this Act, shall be punished according to the existing scales of punishment as provided under the Act.]

No Magistrate shall take cognizance of an offence referred to

(a) in Section 47, Section 49, Section 55, or Section 56, except on his own knowledge or suspicion or on the complaint or report of an Excise Officer or an officer empowered in this behalf by the State Government; or

(b) in Section 57, Section 61, Clause (d) or Clause (e), or Section 62, except on the complaint or report of the Collector or an Excise Officer authorised by the Collector in this behalf.

The provisions of Section 191 of the Code of Criminal Procedure, 71[1973 (Act 2 of 1974)] shall not apply in any case in which a magistrate (not being the Collector) takes cognizance of an offence under this Act on the report of any officer referred to in Clause (a) or Clause (b) of Section 87.

MISCELLANEOUS

(1) The State Government may make Rules to carry out the objects of this Act or any other law for the time being in force relating to the excise revenue.

(2) In particular, and without prejudice to the generality of the foregoing proviso the State Government may make Rules

(a) for prescribing the powers and duties of officers of the Excise Department;

(b) for regulating the delegation of any powers by the Board, the Commissioner of a Division, the Excise Commissioner or Collectors under Section 7, Clause (g);

(c) for declaring in what cases or classes of cases and to what authorities appeals shall lie from orders, whether original or appellate, passed under this Act or under any rule made hereunder, and for prescribing the time and manner for prescribing, and the procedure for dealing with such appeals;

(d) for regulating the import, export or transport of any intoxicant;

(e) for regulating the periods for which licenses for the wholesale or retail vend of any intoxicant may be granted and the number of such licences which may be granted for any local area;

(f) for prohibiting the grant of licences for the retail sale of any intoxicant at any place or within any local area described in the rules, or for defining the places in the vicinity of which shops for the retail sale of any intoxicant shall not ordinarily be licensed;

(g) for prohibiting the grant to specified classes of persons of licences for the retail sale of any intoxicant;

(h) for declaring, either generally, or in respect of areas described in the rules, the persons or classes of persons to whom any intoxicant may or may not be sold;

(i) for regulating the procedure to be followed and prescribing the matters to be ascertained before any licence for the wholesale or retail vend of any intoxicant is granted for any locality;

(j) for restricting the exercise of any of the powers conferred by clause (a) of sub-section (1) of Section 68 and by Section 69 and 70;

(k) for declaring the Excise Officers to whom, and the manner in which information or aid should be given under Section 75;

(l) for the grant of expenses to witnesses;

(m) for the grant of compensation for loss of time to persons released by any Excise Officer under this Act on the ground that they have been improperly arrested and to persons charged before a Magistrate with offences punishable under this Act and subsequently acquitted; and

(n) for prescribing restrictions or modifications in the application to Excise Officers of the provisions of the Code of Criminal Procedure 72[1973 (Act 2 of 1974)] relating to powers of Police Officers which are referred to in Section 78, sub-section (1) of this Act.

(3) The powers conferred by this section for making rules are subject to the condition that rules be made after previous publication:

Provided that any such rules may be made without previous publication if the State Government considers that they should be brought into force at once.

The board may make Rules

(1) for regulating the manufacture, supply, or storage of any intoxicant and in particular, and without prejudice to the generality of this provision, may make Rules for regulating

(a) the establishment, inspection, supervision, management and control of any place for the manufacture, supply or storage of any intoxicant, and the provision and maintenance of fittings, implements and apparatus therein;

(b) the bottling of liquor for purposes of sale;

(c) the cultivation of the hemp plant;

(d) the collection of portions of the hemp plant from which intoxicating drugs can be manufactured or produced and the manufacture or production of intoxicating drugs therefrom;

(e) the tapping of tari-producing trees and the drawing of tari from trees;

(f) the marking of tari-producing trees in areas notified under Section 14, sub-section (1), and the maintenance of such marks;

(2) for fixing the strength, price or quantity in excess of or below which any intoxicant shall not be supplied or sold, and quantity in excess of which denatured spirit shall not be possessed, and for prescribing a standard of quality for any intoxicant;

(3) for declaring how spirit manufactured in India shall be denatured;

(4) for causing spirit so manufactured to be denatured through the agency or under supervision of servants of the Government;

(5) for ascertaining whether any spirit so manufactured has been denatured;

(6) for regulating the deposit of any intoxicant in a warehouse established, authorised or continued under this Act and the removal of any intoxicant from any such warehouse or from any distillery or brewery;

(7) for prescribing the scale of fees or the manner of fixing the fees payable in respect of any exclusive privilege granted under Section 22 or any licence, permit or pass granted under this Act, or in respect of the storing of any intoxicant;

(8) for regulating the time, place and manner of payment of such fees;

(9) for prescribing the restrictions under which or the conditions on which any licence, permit or pass may be granted, and in particular, and without prejudice to the generality of this provision, may make rules for

(i) prohibiting the admixture with any intoxicant or any article deemed to be noxious or objectionable,

(ii) regulating or prohibiting the reduction of liquor by a licensed manufacturer or licensed vendor from a higher to a lower strength,

(iii) prescribing the nature and regulating the arrangement of the premises in which any intoxicant may be sold, and prescribing the notices to be exposed at such premises,

(iv) prohibiting or regulating the employment by the licensee of any person or class of persons to assist him in his business,

(v) prohibiting the sale of any intoxicant except for cash,

(vi) prescribing the days and hours during which any licensed premises may or may not be kept open, and providing for the closing of such premises on special occasions,

(vii) prescribing the accounts to be maintained and the returns to be submitted by licensees, and

(viii) regulating the transfer of licences;

(10) for prescribing the particulars to be contained in licences, permits or passes granted under this Act;

(11) for the payment of compensation to licensees whose premises are closed under Section 26 or under any rule made under sub-clause (vi) of clause (9) of this Section;

(12) for prescribing the time, place and manner of levying duty on intoxicants;

(13) for providing for the destruction or other disposal of any intoxicant deemed to be unfit for use; and

(14) for regulating the disposal of things confiscated under this Act.

Explanation.. Fees may be prescribed under clause (7) of this section at different rates for different classes of exclusive privileges, licences, permits, passes or storage, and for different areas.

Any powers conferred by this Act on the Board may be exercised from time to time as occasion requires.

All rules made, and notifications issued under this Act shall be published in the Official Gazette, and, on such publication shall have effect as if enacted in this Act.

(1) The following money, namely,

(a) all excise-revenue,

(b) any loss that may accrue when a grant has been taken under management by the Collector or transferred by him under Section 46; and

(c) all money due to the State Government by any person on account of any contract relating to the excise-revenue,

may be recovered from the person primarily liable to pay the same, or from his surety (if any), by distress and sale of his movable property, or by the process prescribed for the recovery of arrears of revenue.

(2) When a grant has been taken under management by the Collector, or has been transferred by him, under Section 46, the Collector may recover, in any manner authorized by sub-section (1), any money due to the grantee by any lessee or assignee.

(3) When any money is due, in respect of an exclusive privilege to a grantee referred to in Section 23, from any person holding under him,

such grantee may apply to the Collector, and the Collector may recover such money on his behalf on either of the ways provided by sub-section (1):

Provided that nothing in this sub-section shall affect the right of any such grantee to recover any such money by civil suit.

The State Government may, by notification, either wholly or partially, and subject to such conditions (if any) as it may think fit to prescribe, exempt any intoxicant from all or any of the provisions of this Act, either throughout the State of Bihar and Orissa or in any specified local area, or for any specified period or occasion, or as regards any specified class of persons.

S.O. 988 the 26th November, 1971. In exercise of the powers conferred by Section 94 of the Bihar and Orissa Excise Act, 1915 (Bihar and Orissa Act II of 1915), the Governor of Bihar is pleased to exempt the intoxicant Rum provisioned and moved for consumption by the Armed Forces of India from (i) payment of excise duty, and (ii) provisions of the rules published under Notification No. 471-F., dated the 15th January, 1919 relating to its import, export and transport.

2. This Notification shall come into force with immediate effect and shall remain valid until further orders.

S.O. 1003 dated the 30th July, 1973. In exercise of the powers conferred by Section 94 of the Bihar and Orissa Excise Act, 1915 (Bihar and Orissa Act II of 1915), the Governor of Bihar is pleased to withdraw with effect from the 1st August, 1973, the exemption granted under Notification No. S.O. 988, dated the 26th November, 1971, with regards to Rum provisioned and moved for consumption by the Armed Forces of India.

S.O. 1315 the 25th October, 1983. In exercise of the powers conferred by Section 94 of the Bihar and Orissa Excise Act, 1915 (Bihar and Orissa Act II of 1915), the Government of Bihar is pleased to direct that the following categories of Armed Forces of the Union and Police Force of the State will be partialy exempted from the provisions of Section 27 of the Act throughout the State of Bihar from payment of duty on India Made Foreign Liquor to the extent of difference between the rates of duty imposed on various kinds of I.M.F.L. and the rates imposed as such categories of personnel under Section 27 of the Act:

Armed forces of the Union, Central Reserve Police, Border Security Force, Bihar Military Police (excluding officers), Mounted Military Police (excluding officers) and the members of the Armed Forces of the Union on deputation to the National Cadet Corps.

2. This will come into force with effect from the date of issue of this notification.

No suit shall lie in any Civil Court against the Government or any Excise Officer for damages for any act in good faith done or ordered to be done in pursuance of this Act or of any other law for the time being in force relating to the excise-revenue.

No Civil Court shall try any suit against the Government in respect of anything done, or alleged to have been done, in pursuance of this Act,

and, except with the previous sanction of the State Government, no Magistrate shall take cognizance of any charge made against any Excise Officer under this Act or any other law relating to the excise-revenue or made against any other person under this Act.

Unless the suit or prosecution is instituted within six months after the date of the act complained of.

Section 261 of the Bengal Municipal Act, 1884 (Ben. Act 3 of 1884) shall not apply to

(a) any distillery, brewery, warehouse, or other place of storage licensed, established, authorised, or continued under this Act, or

(b) the premises used for the manufacture or sale of any intoxicant by the holder of a licence granted under this Act for such manufacture or sale.

(1) On and from the commencement of his Act, the Bengal Excise Act, 1909 (Ben. Act 5 of 1909) shall cease to be in force in the State of Bihar and Orissa and, for the purposes of Section 25 of the Bengal General Clauses Act, 1899 (Ben. Act 1 of 1899) shall be deemed to have been repealed in the said State to be re-enacted by this Act.

(2) Every licence, permit or pass which was granted under any section of the Bengal Excise Act, 1909 (Ben. Act 5 of 1909) and is in force at the commencement of this Act, shall be deemed to have been granted under the corresponding section of this Act, and shall (unless previously cancelled, withdrawn, or surrendered under Chapter VI of this Act) remain in force for the period for which it was granted.

[Bihar Act 4 of 1973]73

An Act to amend the Bihar & Orissa Excise Act, 1915.

Be it enacted by the Legislature of the State of Bihar in the twentyfourth year of the Republic of India, as follows:

1. Short title. This Act may be called the Bihar Excise (Amendment) Act, 1973.

2. Amendment of Section 28. (Incorporated in the text of the Act).

3. Repeal and saving. (1) Bihar Excise (Third Amendment) Ordinance, 1972 (Bihar Ordinance No. 121 of 1972) is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken in exercise of any power conferred by or under the said Ordinance shall be deemed to have been done or taken in the exercise of power conferred by or under this Act as if this Act were in force on the day on which such thing or action was done or taken.

[Bihar Act 17 of 1982]74

An Act to amend the Bihar and Orissa Excise Act, 1915.

Be it enacted by the Legislature of the State of Bihar in the Thirty-second year of the Republic of India, as follows:

1. Short title and commencement. (1) This Act may be called the Bihar Excise (Amendment & Validation) Act, 1981.

(2) It shall come into force at once.

2. Substitution of new section for Section 22 of B. & O. Act II of 1915. Incorporated in the text of the Act.

3. Validation of levy of certain fees. Notwithstanding anything to the contrary contained in any decree, judgement or order of any Court, the fee fixed; levied and realised under sub-section (7) of Section 98 of the Act read with Section 22 of the Bihar and Orissa Excise Act, 1915, (Bihar and Orissa Act II of 1915), shall be deemed to have been validly fixed, levied and realised as if this Ordinance were in force on the day on which such fee was fixed, levied and realised or purported to be fixed, levied and realised and shall not be called in question merely on the ground that such fee was excessive or disproportionate or unrelated to services rendered, and all licences granted therefor shall be deemed to be exclusive privilege within the meaning of Section 22 of the said Act.

4. Repeal and Saving. (1) The Bihar Excise (Amendment and Validation) Third Ordinance, 1981 (Bihar Ordinance No. 141 of 1981) is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken in exercise of any power conferred by or under the said ordinance shall be deemed to have been done or taken in the exercise of powers conferred by or under this Act as if this Act was in force on the day on which such thing or action was done or taken.

(Bihar Act 6 of 1985)75

An Act to amend the Bihar and Orissa Excise Act, 1915.

Be it enacted by the Legislature of the State of Bihar in the Thirty-sixth year of the Republic of India, as follows:

1. Short title and commencement. (1) This Act may be called the Bihar and Orissa Excise (Amendment) Act, 1985.

(2) It shall come into force at once.

2. to 23. Incorporated in the text of the Act at proper places.

24. Repeal and saving. (1) The Bihar and Orissa Excise (Amendment) Second Ordinance, 1985 (Bihar Ordinance no. 20, 1985) is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken in exercise of the powers conferred by or under the said Ordinance shall be deemed to have been done or taken in the exercise of the powers conferred by or under this Act as if this Act were in force on the day on which such thing or action was done or taken.

[Bihar Act 9, 1995]76

An Act to amend the Bihar Excise Act, 1915.

Preamble. WHEREAS, it is necessary in public interest that out of the cost price of Country Spirit the amount of money earmarked for the maintenance of warehouse be regulated;

AND, WHEREAS, the price of country spirit to be supplied to the retailer by the Contractor (Wholesale supplier) from the Warehouse belonging to the Contractor or the State or another person, is fixed by the Government of Bihar, on the basis of negotiations between the contractor and the government and such price being known as the cost price of Country spirit payable by the retailers at the time of taking or issue of Country liquor from the warehouse concerned;

AND, WHEREAS, as a regulatory measure the maintenance of warehouse is the responsibility of the contractor;

AND, WHEREAS, in the year 1989 in C.W.J.C. No. 4722 of 1989 and other similar cases a situation arose whereby and whereunder the Patna High Court ordered that till contract is settled and till further order from the Court, the supply of country liquor shall be made to the retailers directly by the State through its Officers;

AND, WHEREAS, in pursuance to the said direction the Country liquor had to be supplied from different warehouses situated in the State, by the State Government through its Officers;

AND, WHEREAS, after the Final Order of the High Court in the above writs in the year 1996 the situation emerged that in certain areas of the State the supply of Country liquor to the retailers continued to be made by State Government through its Officers due to non functioning of the concerned Contractors;

AND, WHEREAS, during this period the warehouses were required to be maintained by the State;

AND, WHEREAS, in fixing the price of Country liquor to be supplied by the Contractor holding exclusive privilege licence the State Government had taken into account the cost of spirit, the cost of transportation of such spirit, the cost of maintenance of warehouses, sales tax and dividend;

AND, WHEREAS, while fixing the price of Country liquor to be supplied to the retailer, the following components of cost were included in the cost price:

Rs.

AND, WHEREAS, in February, 1990 the Government had decided that country spirit would be supplied at the rate of Rs. 3.42 per L.P. Litre which includes Rs. 0.70 per L.P. Litre as maintenance charge of warehouses;

AND, WHEREAS, the amount deposited by the retailers as price of Country spirit was to be deposited in Treasury through Bank draft and thereafter the Distillers (suppliers) were to be paid the amount after deduction of the component of price meant for maintenance of warehouse, that is Rs. 3,42-0.70 = Rs. 2.72;

AND, WHEREAS, in some cases by mistake the entire amount of Rs. 3.42 was paid to the distillers (suppliers);

AND, WHEREAS, some of the distillers (suppliers) challenged the authority of the State regarding deduction of warehouse maintenance charges from the cost price fixed for supply of country spirit to warehouse;

AND, WHEREAS, in C.W.J.C. No. 6868/90 and in other similar writ petitions the Court held that in the absence of Rules the State Government is not authorised to fix the price of country spirit and to make deductions of maintenance of warehouse charges therefrom;

AND, WHEREAS, it has become necessary to levy and validate the deduction/realisation of warehouse maintenance charges from the cost price of Country spirit fixed by the State in the year 1990;

Be it enacted by the Legislature of the State of Bihar in the forty sixth year of the Republic of India as follows:

1. Short title, extent and commencement. (1) This Act may, be called the Bihar Excise (Amending and Validating) Act, 1995.

(2) It shall extend to the whole of the State of Bihar.

(3) It shall be deemed to have come into force with effect from the 20th February, 1990.

2. Insertion of new Sections after Section 22 of Bihar Act II, 1915. In the Bihar Excise Act, 1915 (Bihar Act 11, 1915) (hereinafter referred to as the said Act) after Section 22, the following new Sections shall be inserted, namely: 22(A), 22(B) and 22(C). Incorporated in the main Act.

(1) The Bihar Excise (Amending and Validation) Second Ordinance, 1995 (Bihar Ordinance No. 10, 1995) is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken in exercise of any power conferred by or under the said Ordinance shall be deemed to have been done or taken in exercise of the powers conferred by or under this Act as if this Act were in force on the day on which such thing was done or action taken.

Bihar Excise (Amendment and Validating) Act, 1998

(6 of 1998)

[15.4.1998]

(1) In the State of Bihar, the grant of exclusive privilege of wholesale supply of Country liquor is governed under Section 22 of the Bihar Excise Act, 1915.

(2) As, per, provisions, as contained in clause 2(Kha) of the tender notice, effective from 1st July, 1995, each of the contractors in a particular zone, shall pay in advance in one lump sum, proportionate licence fee at the rate of Re. 1 per L.P. litre on the minimum guaranteed quota specified for the zone. If, during any financial year, the supply of Country liquor exceeds, the minimum guaranteed quota, additional licence fee shall be payable to that extent.

(3) WHEREAS, the two grantees have challenged the realisation of licence fee before the Ranchi Bench, of the Hon'ble Patna High Court. Their contention was that within the same zone each of the grantees cannot be compelled to pay the whole amount of licence fee, as his liability is confined to payment of licence fee in equal proportion, that is to say, the total amount of licence fee has to be paid by the grantees in equal proportion. The Hon'ble High Court accepted this contention and allowed the writ petition. Thereafter, the State of Bihar preferred an appeal through S.L.P. before the Hon'ble Supreme Court. The Hon'ble Supreme Court affirmed the judgment of the Hon'ble Patna High Court, Ranchi Bench.

(4) Under the above circumstances, the existing system of realisation of licence fee at the rate of Re. 1 per L.P. litre from each grantees of a specified zone and to legitimate the realised licence fee, it has become necessary to validate the said provisions of the Act.

Therefore, necessary provisions have been made in the Act, enactment of which is the object of this Act.

Preamble. WHEREAS, the Cabinet had approved the proposal of the Excise & Prohibition Department for imposing licence fee on every licensee of the zone at the rate of Rupee 1 per L.P. litre on the M.G.Q. of the zone and the tender notice was to be issued accordingly;

AND, WHEREAS, the tender notice was issued for the period 1st July 1995 to 31st March 1999 and the period of supply of country liquor during the first year being only 9 months the Excise & Prohibition Department intended to grant a proportionate reduction of licence fee for the shorter period and with this intention had issued the expression Samanupatik in the tender notice and licence;

AND, WHEREAS, at the time of negotiations of rates and its determination all the tenderers were fully aware of the numbers of tenderers in each zone and the rate was fixed and agreed upon after including Rs. 2 per L.P. litre for covering the licence fee burden of which was intended to be passed on to the retailer/consumer;

AND, WHEREAS, the tenderers had accepted the rate fixed in writing and 13 out of 15 tendereis paid the licence fee at the rate of Rupee 1 per L.P. litre on M.G.Q. for the years 1995-1996, 1996-1997 and 1997-1998 and did not challenge the imposition of the said licence fee;

AND, WHEREAS, only two tenderers filed writ petitions in the Patna High Court, after depositing licence fee at the above rate for the period 1995-1996 and all the tenderers supplied monthly liquor at the fixed agreed rate and passed on the licence fee burden to the retailer/consumer;

AND, WHEREAS, the Hon'ble Supreme Court and High Court held that the expression samanupatik in the context, meant that the total licence fee for the zone was to be paid by the licensees of the zone in equal proportion;

AND, WHEREAS, the Hon'ble Supreme Court had held that the State will not be able to charge from each contractor in a zone the full licence fee unless it is so provided clearly in the tender conditions and the conditions of licence;

AND, WHEREAS, it has become necessary to validate and impose licence fee in accordance with the intent of the policy approved by the Cabinet on 13th June 1995, by rectifying the unintended error in the tender notice dated 3rd June 1995 and the licences issued in pursuance thereof, and also to validate the collection of licence fee already made from each licensee.

Be it enacted by the Legislature of the State of Bihar in the forty-ninth year of the Republic of India as follows:

1. Short Title, Extent and Commencement. (1) This Act may be called the Bihar Excise (Amendment and Validating) Act, 1998.

(2) It shall extend to the whole of Bihar.

(3) It shall be deemed to come into force with effect from 1st June, 1995.

2. Inserted at proper place in the text.

3. Repeal and Savings. (1) The Bihar Excise (Amending and Validating) Ordinance, 1998 (Bihar Ordinance no. 6, 1998) is, hereby, repeated.

(2) Notwithstanding such repeal, any thing done or any action taken in exercise of any power conferred by, or under the said Ordinance shall be deemed to have been done or taken in exercise of the powers conferred by or under this Act as if this Act were in force on the day on which such thing was done or action taken.

1. Subs. by Act 6 of 1985.

2. Subs. by Act 3 of 2016.

3. Omitted by Dangerous Drugs Act, 1930 S. 40 & Sch. II.

4. Ins. by Act 6 of 1985.

5. Subs. by ibid.

6. Ins. by Act 3 of 2016.

7. Ins. by Act 3 of 2016.

8. Subs. by Act 6 of 1985.

9. Deleted by Act 3 of 2016.

10. Subs. by ibid.

11. Subs. by Act 17 of 1982.

12. Ins. by Act 9 of 1995.

13. Ins. by Act 9 of 1995.

14. Ins. by Act 6 of 1998.

15. Section 22G Ins. by Act 3 of 1999.

16. Subs. for eighteen by Act 6 of 1985.

17. Section 22G Ins. by Act 3 of 1999.

18. Ins. by Bihar Act 4, 1973.

19. Ins. by Act 6 of 1985.

20. Ins. by Act 6 of 1985.

21. Ins. by Act 6 of 1985.

22. Or Board omitted by Act 6 of 1985.

23. Heading of Section 42 subs. by Bihar Act 2, 2007.

24. Subs. by ibid.

25. Clause (h) Ins. by Bihar Act 2, 2007.

26. Ins. by Act 6 of 1985 and existing sub-sec. (3) was made sub-sec. (4) thereof.

27. Subs. by Act 3 of 2016.

28. Subs. by Act 3 of 2016.

29. Subs. by Act 3 of 2016.

30. Subs. by Act 3 of 2016.

31. Subs. by Act 3 of 2016.

32. Subs. by Act 3 of 2016.

33. Subs. by Act 3 of 2016.

34. Subs. by Act 3 of 2016.

35. Subs. by Act 3 of 2016.

36. Subs. by Act 3 of 2016.

37. Subs. by Act 3 of 2016.

38. Subs. by Act 3 of 2016.

39. Subs. by Act 3 of 2016.

40. Subs. by Act 3 of 2016.

41. Subs. by Act 3 of 2016.

42. Subs. by Act 3 of 2016.

43. Subs. by Act 3 of 2016.

44. Subs. by Act 3 of 2016.

45. Subs. by Act 3 of 2016.

46. Ins. by ibid.

47. Subs. by Act 3 of 2016.

48. Subs. by Act 3 of 2016.

49. Subs. by Act 3 of 2016.

50. Ins. by ibid.

51. Ins. by ibid.

52. Ins. by ibid.

53. Subs. by Act 3 of 2016.

54. Ins. by Act 3 of 2016.

55. Ins. by Act 3 of 2016.

56. Ins. by Act 3 of 2016.

57. Ins. by Act 3 of 2016.

58. Ins. by Act 3 of 2016.

59. Ins. by Act 3 of 2016.

60. Ins. by Act 3 of 2016.

61. Ins. by Act 3 of 2016.

62. Ins. by Act 3 of 2016.

63. Subs. by Act 6 of 1985.

64. Subs. by Act 6 of 1985.

65. Subs. by Act 6 of 1985.

66. Subs. by Act 6 of 1985.

67. Subs. by Act 6 of 1985.

68. Subs. by Act 6 of 1985.

69. Subs. by Act 6 of 1985.

70. Subs. by Act 6 of 1985.

71. Subs. by Act 6 of 1985.

72. Subs. by Act 6 of 1985.

73. Published in Bihar Gazette (ex. ord.) dated 8.4.1973.

74. Published in Bihar Gazette (ex. ord.) dated 23.1.1982.

75. Published in Bihar Gazette (ex. ord.) dated 8.8.1985.

76. Published in Bihar Gazette (ex. ord.) dated 19.7.1995.