Rajasthan act 002 of 1950 : The rajasthan excise act, 1950

Section 1. Short title, extent and commencement

(1) This Act may be called The Rajasthan Excise Act, 1950.

(2) It extends to the whole of ¹[the State of Rajasthan] ² [xxxx] .

(3) It shall come into force on such date³ as the ¹ [State Government may], by notification in the ¹[Official Gazette], appoint in that behalf.

1. Substituted vide Rajasthan Act No. 38 to 1957

2. Omitted vide Rajasthan Act No. 38 of 1957.

3. Came into force w.e.f. 1-7-1950 vide Notification No. F. 49(1) S.R./50 dt. 20.06.1950, published in Pt. 1 of the Raj Gaz. No. 29 dt. 01-07-1950

Section 2.Omitted

Omitted vide Rajasthan Act No. 38 of 1957.

Section 3.Definitions

In this Act unless there is something repugnant in the subject or context-

(1) " Beer " includes ale, stout, porter and all other fermented liquors made from malt;

⁴[(2) " Abu area " means the territory comprised in the Abu Road taluka of Banaskantha district in the State of Bombay as it existed immediately before the first day of November, 1956];

⁵[(3) " Denatured " means mixed with such substance and by such process as may be prescribed under Section 42 in order to render any spirit unfit for human consumption whether as a beverage or as a medicine or in any other way whatsoever];

⁶[(3-A) " Denatured spirituous preparation " means any preparation of denatured spirit or alcohol and includes liquors, French polish and varnish prepared out of such spirit or alcohol];

(4) " Excisable Article " means and includes-

(i) Spirit, fermented liquor or any alcoholic liquor for human consumption or denatured spirit or denatured spirituous preparation, or

(ii) Any intoxicating drug, or

(iii) Stills or other appliances for distillation, or

(iv) Fermented wash or other material for distillation, or

(v) Any other article which the State Government may, from time to time declare to be an excisable article for the purposes of this Act.

⁷ [ (vi) Heritage liquor.]

(5) " Excise Commissioner " means the Excise Commissioner appointed by the ⁸[ State Government ] under this Act.

(6) " Excise Duty " means any duty of excise imposed by or under this Act on excisable articles manufactured or produced in ⁸[ those parts of the State of Rajasthan to which this Act extends ] ;

(7) " Excise Office " means any officer or person ¹[ other than the Excise Commissioner ], appointed ⁹[ under Section 9] or invested with powers of an Excise Officer under this Act;

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

(9) "Export" Means to take out of ²[ those parts of the State of Rajasthan to which this Act extends ];

(10) "Fermented liquor" means wine, Pachari (Pachawai) and fermented Tari, and any other liquor that may from time to time be declared by the ³[ State Government ] to be fermented liquor;

(11) ⁴ [ Omitted ]

(12) ⁵ [ Omitted ]

(13) "Import" means to bring into ⁶[ those parts of the State of Rajasthan towhich this Act extends ];

(14)"Intoxicating drug" means-

⁶[ (i) the leaves, small stalks and flowering or fruiting tops of the hemp plant (Cannabia Sativa) including all forms known as Bhang, Sidhi or Ganja) ];

(ii) charas, that is, the resin obtained from the ⁸[ x x x x] 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 ⁹[ the State Government ] may declare, by notification in the ⁹[ Official Gazette], to be an intoxicating drug, such substance not being opium, coca leaf or a manufactured drug as defined in the ⁹[ Dangerous Drugs Act, 1930 (Central Act 2 of 1930) ];

¹⁰[ (l4-A) "Lanced Poppy Heads" means the capsules of the opium poppy plant whether in their original form or cut, crushed or powdered, from which juice has been extracted ].

(15) "Liquor" means intoxicating liquor and includes spirit of Wine, Spirit, ¹³[ Heritage Liquor,] Wine, Tari, Pachawar, Beer and all liquid consisting of, or containing alcohol, as also any substance which the ¹¹[ State Government ] may from time to time by notification in the ¹¹[ Official Gazette ] declare to be liquor for the purposes of this Act;

¹¹[ (16) "Magistrate" means any Magistrate of the first class ];

(17) "Manufacture" includes every process, whether natural or artificial, by which any excisable article is produced or prepared wholly or partly and also reinstallation and every process for the rectification, reduction, flavoring, blending or coloring of liquor;

¹[ (17-A) "Molasses" means the mother liquor produced in the final stage of the manufacture of sugar or Khandsari sugar by the vacuum pan process or open pan process from sugarcane or gur; ]

(18) "Pachawai" means fermented rice, millet or other grain whether mixed with any liquid or not and any liquid obtained therefrom whether diluted or undiluted; (19) "Place" includes a house, building, shop, room, booth, tent, vessel, boat, raft ²[ vehicle ] and enclosure;

(20) "Sale" with its grammatical variations includes any transfer otherwise than by way of gift;

(21) "Spirit" means any liquor containing alcohol obtained by distillation, whether it is denatured or not;

²[ (21-A) "State" or "State of Rajasthan" means the new State of Rajasthan as formed by Section 10 of the State Reorganization Act, 1956 (Central Act 37 of 1956); ]

⁴[ (21-B) Still includes any part thereof, and any other apparatus for distillation or manufacture of spirit; ]

(22) "Tari" means fermented or unfermented juice drawn form any kind of palm tree;

(23) "To bottle" means to transfer from a cask or other vessel to a bottle, jar, flask or other receptacle for the purpose of sale, whether any process of manufacture or rectification be employed or not, and bottling includes rebottling:

⁵[ (24) "Tola" means a weight of 180 grams troy or 11.638 grams: and]

(25) "Transport" means to move from one place to another within [ those parts of the State of Rajasthan to which this Act extends.]

1. Inserted vide Rajasthan Act No. 8 of 1985

2. Inserted vide Rajasthan Act No. 06 of 2007

3. Substituted vide Rajasthan Act No. 38 of 1957

4. Inserted vide Rajasthan Act No. 28 of 1961.

5. Omitted vide Rajasthan Act No. 38 of 1957.

6. Substituted vide Rajasthan Act No. 38 of 1957

7. Substituted vide Rajasthan Act No. 28 of 1957

8. Omitted vide Rajasthan Act No. 28 of 1961.

9. Substituted vide Rajasthan Act No. 38 of 1957

10. Inserted vide Rajasthan Act No. 01 of 1986

11. Substituted vide Rajasthan Act No. 38 of 1957

12. Substituted vide Rajasthan Act No. 28 of 1961

13. Inserted vide no F.4(30) FD/Ex./98 dated 09-07-1998

Section 4.Power of State Government to declare what is to be deemed liquor

(l) The State Government may, by notification in the Official Gazette, declare any substance to be "liquor" for the purposes of this Act or any portion thereof.

(2) The State Government may, in like manner and for the like purposes, declare what shall be deemed to be "Country Liquor" and 'Foreign Liquor respectively.

Substituted vide Rajasthan Act No. 28 of 1957

Section 5.Power of State Government to declare limit of sale by retail

(1) The State Government may, by notification in the Official Gazette declare with respect either to all the territories of the State of Rajasthan to which this Act extends or to any local area comprised therein and as regards purchasers, generally or for any specified class of purchasers, generally or for any occasion, what quantity of any excisable article shall, for the purposes of this Act be the limit of sale by retail.

(2) The sale of any excisable article in any quantity in excess of the quantity declared in respect thereof under Sub-section (1) as the limit of sale by retail shall be deemed to be sale wholesale.

Section 6.Possession by wife, clerk or servant

When any excisable article is in the possession of a person's wife, clerk or servant on account of that person, it shall, for the purpose of this Act, be deemed to be in the possession of that person.

Explanation. - A person employed temporarily or on a particular occasion in the capacity of a clerk or, servant is a clerk or servant within the meaning of this section

Section 7.Saving of enactment relating to customs

Nothing contained in this Act shall affect the provisions of any law relating to customs for the time being in force or any rule or order to be thereunder.

Section 8.Control of the Excise Department

(l) The control of the administration of the Excise Department shall, subject to the directions of the ¹[State Government] vest in the Excise Commissioner.

Substituted vide Rajasthan Act No. 38 of 1957

Section 9.Appointment of Commissioner and Excise Officers

²[(1)] The ¹[State Government] shall appoint an Excise Commissioner and may appoint as many Additional Excise Commissioners as may be deemed necessary, for the whole of ⁴[ those parts of the State of Rajasthan to which this Act extends].

⁴[(1-A) The [State Government] may also appoint such and so many other persons, as it thinks fit and necessary to be: -

(i) Joint Excise Commissioner;

(ii) Deputy Excise Commissioners;

(iii) District Excise Officer;

(iv) Assistant Excise officer;

(v) Other Excise Officers.]

(1-B) The ¹[State Government] may prescribe duties and powers to be performed and exercised by each officer or class of officers appointed under Sub-sections (1) and (1-A).

(2) The ¹[State Government] may delegate to the Excise Commissioner such powers of the [State Government] conferred by this Act, as it may specify, except the power to make rules thereunder.

(3) The ¹[State Government] may also authorise the Excise Commissioner to delegate to any of his subordinate officers such of his powers under this Act as may be specified.

⁴[ 9-A. Appeals and Revision.- (1) An appeal shall lie-

(a) to the Excise Commissioner from any order passed by an Excise Officer under this Act, and

⁵[ (b) ⁶to the Division Bench of the Rajasthan Tax Board constituted under Section 88 of the Rajasthan Value Added Tex Act, 2003(Act No. 4 of 2003),] from any order passed by the Excise Commissioner under this Act otherwise than on appeal:

⁷[Provided that no appeal shall be entertained unless it is accompanied by a satisfactory proof of payment of 75 of the amount of the demand created by the order appealed against.]

(2) Any appeal under Sub-section (1) may be preferred at any time within sixty days from the date of the order complained of.

(3) The decision of the Excise commissioner or the Division Bench of the ⁵[Rajasthan Tax Board] as the case may be, on such appeal shall, subject to the result of revision, if any, under Sub-section (4), be final.

(4) ⁵[The Division Bench] of ⁸[the Rajasthan Tax Board] may revenue may revise any order @u@passed on appeal@/u@ by the Excise Commissioner.

(5) Any revision under Sub-section (4) may be preferred at any time within thirty days from the date of the order complained of.

¹ [9-B. Bar of jurisdiction of Civil Courts.- No civil Court shall have jurisdiction to entertain any suit or proceeding to set-aside or modify:

(a) any original order passed by an officer competent to do so under the provision of the Act, or

(b) any order passed under, or referred to in Section 9-A.]

1. Substituted vide Rajasthan Act No. 38 of 1957

2. Substituted vide Rajasthan Act No. 08 of 1951

3. Substituted vide Rajasthan Act No. 15 of 2011

4. Inserted vide Rajasthan Act No. 28 of 1952

5. Substituted vide Rajasthan Finance Ac 2001 (No. 5 of 2001)

6. Substituted vide Rajasthan Act No. 06 of 2007

7. Added vide Rajasthan Act No. 14 of 1989

8. Substituted vide Rajasthan Excise (Amendment) Act, 2007 vide Notifi. No. 2(27) Vidhi/2/2006, dt, 6.6.2007

Section 10.Appointment of officers and conferring powers

(1) The ²[State Government] may-

(a) empower any officer to perform the acts and duties mentioned in Chapter VIII, and

(b) order that all or any of the powers and duties assigned to an officer of the Excise partment under this Act shall, subject to the provisions thereof, be exercised and performed by any officer other than an officer of the Excise Department or by any other person.

³[10-A. Establishment of check-post and inspection of goods while in movement - (1) The excise commissioner may, with a view to prevent or check evasion of excise duty, by notification in the ¹[Official Gazette], direct the setting up of check-posts at such places and for such period as may be specified in the notification,. Every officer or official, who exercises his powers and discharges his duties at such check-posts by way of inspection of documents produced and goods being moved, shall be its Incharge.

(2) Notwithstanding anything contained in sub-section (1), The Excise Commissioner may , by notification in the ¹[Official Gazette], declare any existing check-post established by any other department of the ¹[State Government] to be the check-post for the purposes of this section and may appoint any officer or official to act as the Incharge of the checkpost for the purpose of this section.

(3) The driver or person Incharge of vehicle or carrier carryi9ng axcisable articles shall-

(a) carry with him the permit, pass, bill and bilty:

(b) stop the vehicle or carrier at such check-post

(d) allow documents for inspection of goods/excisable articles.

Explanation- for the purpose of this section vehicle or carrier shall include any means of transportation including an animal to carry goods from one point to another.]

1. Substituted vide Rajasthan Finance Act. No. 08 of 1998

2. Substituted vide Rajasthan Act. No. 38 of 1957

3. Inserted vide Rajasthan Excise (Amendment) Act, 2007 vide Notifi. No. 2(27) Vidhi/2/2006, dt, 6.6.2007

Section 11.Import of excisable article

No excisable article shall be imported unless: -

(a)the ¹[State Government] has given permission, either general or special, for its import;

(b) such conditions (if any) as the ¹[State Government] impose, have been satisfied, and

1. Substituted vide Rajasthan Act. No. 38 of 1957

Section 12.Export and Transport of excisable article

No excisable article shall be exported unless -

(a) the duty (if any) imposed under Section 28 has been paid or a bond has been executed for the payment thereof, and

(b) such conditions (if any) as the ¹[State Government] may impose, have been satisfied.

1. Substituted vide Rajasthan Act. No. 38 of 1957

Section 13. Power of State Government to prohibit, import, export and transport of excisable article

The ¹[State Government] may, by notification in the ¹[Official Gazette]: -

(a) prohibit the import or export of any excisable article into or from the ¹[territories to which this Act extends or any part thereof];

(b) prohibit the transport of any excisable article.

1. Substituted vide Rajasthan Act. No. 38 of 1957

Section 14.Passes necessary for import export and transport

No excisable article exceeding such quantity as the ¹[State Government] may prescribe by notification in the ¹[Official Gazette] either generally for ¹[all the territories of the State of Rajasthan to which this Act extends] or for any local area comprised therein shall be imported, exported or transported except under a pass issued under the provisions of the next following section:

²[X X X X]

Provided also, unless the ¹[State Government] shall otherwise direct, that no pass shall he required for transport of any excisable article or intoxicating drug exported under a pass issued by an officer duly authorised in this behalf from any place beyond the limits of ¹ [those parts of the State of Rajasthan to which this Act extends] to any other place beyond the said limits.

1. Substituted vide Rajasthan Act. No. 38 of 1957

2. Omitted vide Rajasthan Act. No. 22 of 1958

Section 15.Grant of passes for import, export and transport

(1) Passes for the import, export or transport of excisable article may be granted by the Excise Commissioner ⁴[or by an Excise Officer duly empowered in this behalf] subject to such restrictions as the ¹[State Government] may impose in this behalf from time to time.

(2) Such passes may either be general for definite periods and kinds of articles or drugs or special for specified occasions or particular consignments only.

1. Substituted vide Rajasthan Act. No. 38 of 1957

4. Inserted vide Rajasthan Act. No. 28 of 1952

Section 16.Manufacture of excisable article prohibited except under the provisions of this Act

(l) (a) No excisable article shall be manufactured,

(b) no hemp plant (Cannabis Sativa) shall be cultivated,

(d) no liquor shall be bottled for sale,

(e) no Tari producing tree shall be tapped,

(f) no Tari shall be drawn from any tree, and

(g) no person shall use, keep or have in his possession any materials, still, utensil, implement, instrument or apparatus whatsoever for the purposes of manufacturing any excisable article, except under the authority and subject to the terms and conditions of a Licence granted in that behalf by the Excise Commissioner ¹[or by an Excise Officer duly empowered in this behalf].

(2) No distillery, brewery or pot-still be constructed or worked except under the authority and subject to the terms and conditions of a licence granted in that behalf by the Excise commissioner.

1. Inserted vide Rajasthan Act. No. 28 of 1952

Section 17.Establishment or licensing of distilleries and ware houses

Subject to such restrictions or conditions as the ²[State Government] may impose, the Excise Commissioner may-

(a) establish a distillery or pot-still in which spirit may be manufactured under a Licence granted under this Act;

(b) discontinue any distillery or pot-still so established;

(c) Licence the construction and working of a distillery or pot-still or brewery on such conditions as the ¹[State Government] may impose;

(d) establish or Licence a warehouse wherein any excisable article may be deposited and kept without payment of duty; and

(e) discontinue any warehouse so established.

1. Inserted vide Rajasthan Act. No. 28 of 1952

2. Substituted vide Rajasthan Act. No. 38 of 1957

Section 18.Removal of excisable article from distillery etc

No excisable article shall be removed from any distillery, brewery pot-still, warehouse or other place of storage established or licensed under this Act unless the duty (if any) payable therefore under this Act has been paid or a bond has been executed for the payment thereof.

Section 19.Possession of excisable articles in excess of the quantity prescribed by the State Government prohibited except under permission

prohibited except under permission. - (1) No person not being licenced to manufacture, cultivate, collect or sell any excisable article, shall have in his possession any quantity of such article in excess of such quantity as the ²[State Government] has, under Section 5, declared to be the limit of sale by retail, except under a permit granted by the Excise Commissioner ¹[or by an Excise Officer duly empowered in that behalf].

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

(a) any foreign liquor (other than denatured spirit) in the possession of any common carrier or warehouse man as such, or

(b) ³[Omitted]

(3) A licenced vendor shall not have in his possession at any place other than that authorised by his Licence, any quality of any excisable article in excess of such quantity as the¹[State Government] has under Section 5 declared to be the limit of sale by retail, except under a permit granted by the Excise Commissioner ⁵[or by an Excise Officer duly empowered in that behalf].

(4) Notwithstanding anything contained in the foregoing sub-sections, the ⁴[State Government] may by notification in the ⁴[Official Gazette] prohibit or restrict the possession by any person or class of persons, or subject to such exceptions as may be specified in the notification, by all persons ¹[in those parts of the State of Rajasthan to which this Act extends] or any specified area or areas thereof, of any excisable articles either absolutely or subject to such conditions, as it may prescribe.

1. Inserted vide Rajasthan Act. No. 28 of 1952

2. Substituted vide Rajasthan Act. No. 38 of 1957

3. Omitted vide Rajasthan Act. No. 22 of 1958

4. Substituted vide Rajasthan Act. No. 38 of 1957

5. Inserted vide Rajasthan Act. No. 28 of 1952

Section 20.Sale of excisable articles without Licence prohibited

No excisable article shall be sold without a Licence from the Excise Commissioner ⁵[ or any Excise Officer duly empowered in that behalf];

Provided that-

(1) a person licensed under this Act to cultivate or collect the hemp plant (Cannabis Sativa) may sell without a Licence those portions of the plant from which any intoxicating drugs can be manufactured to any person licensed under this Act to deal in the same or to any office whom the Excise Commissioner may prescribe;

(2) a licence for sale in more than one district of those parts of the State of Rajasthan to which this Act extends shall be granted with the previous approval of the ¹[State Government]; and

(3) nothing in this section applies to the sale of any foreign liquor legally procured by any person for his private use and sold by him or by auction on his behalf or on behalf of his representatives in interest upon his quitting a station or after his decease.

1. Substituted vide Rajasthan Act. No. 38 of 1957

5. Inserted vide Rajasthan Act. No. 28 of 1952

Section 21.Sale of excisable article

No liquor shall be bottled for sale, and no, excisable article shall be sold, otherwise than in accordance with the terms and conditions a Licence granted in that behalf.

Section 22.Prohibition of sale, etc. to certain persons or in certain manner or circumstances

(1) No licenced vendor and no person in the employ of ⁶[such vendor or acting] on his behalf hall sell or deliver any liquor or intoxicating drug -

(a) to any person apparently under the age of 18 years, or

(b) to any person of unsound mind, or

(c) to any soldier on duty and in uniform except with the permission of the proper officer of the unit to which the soldier belongs.

Explanation. - The provisions of this sub-section apply whether the liquoror intoxicating drugs is sold or delivered to a person for consumption by himself or by any other person and whether the sale or delivery is for consumption on the premises of the vendor or otherwise.

(2) No such vendor or person as aforesaid shall sell or deliver any liquor or intoxicating drug in exchange whether wholly or in part, for jewellery, clothes, arms or household utensils.

6. Substituted vide Rajasthan Act. No. 28 of 1961

Section 23.Prohibition of employment of children under the age of 18 years, or women and of certain other persons

(1) No person who is licensed to sell 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 18 years or any leper or any person suffering from an infectious disease in any part of such premises in which such liquor or spirit is consumed by the public.

(2) No person who is licensed to sell Foreign Liquor for consumption on his premises shall, without the previous permission in writing, of the Excise Commissioner ¹[or an Excise Officer duly empowered in that behalf] during the hours in which such premises are kept open for business, employ or permit to be employed either with or without remuneration any women in any part of such premises in which liquor is consumed by the public.

(3) Every permission granted under Sub-section (2) shall be endorsed on the Licence and may be modified or withdrawn.

1. Inserted vide Rajasthan Act. No. 28 of 1952

Section 24.Grant of exclusive privilege of manufacture, etc

Subject to the provisions of Section 31, the Excise Commissioner may order the grant to any person of a Licence for the exclusive privilege-

(1) of manufacturing or of supplying by wholesale, or of both, or

(2) of selling by wholesale or by retail; or

(3) of manufacturing or of supplying by wholesale or of both and of selling by retail, any Country Liquor, ³[Foreign Liquor] or intoxicating drug within any local area of ²[thoseparts of the State of Rajasthan to which this Act extends.]

2. Inserted vide Rajasthan Act. No. 08 of 1982 3. Substituted vide Rajasthan Act. No. 38 of 1957

Section 26.Grantee of exclusive privilege may let or assign

Subject to the conditions of his Licence, the grantee of any exclusive privilege may let or assign the whole or any portion of his privilege; but no lessee or assignee of such privilege or portion of a privilege shall exercise any rights as such unless and until a Licence has been granted to him by the Excise Commissioner on application made by the grantee.

Section 27.Recovery by grantee of exclusive privilege of sums due to him

Any grantee lessee or assignee as aforesaid may recover from any person holding under him any money due to him in his capacity of a grantee, lessee or assignee, as if it were an arrear of rent recoverable under the law for the time being in force with regard to land - holder and tenant: Provided that nothing contained in this section shall affect the right of any such grantee, lessee or assignee to recover by civil suit any such amount due to him from any such person as aforesaid.

Section 28.Duty on excisable articles

An excise duty ²[or a countervailing duty as the case may be], at such rate or rates as the ³[State Government] shall direct, may be imposed either generally or for any specified local area, on any excisable article imported or exported, or transported or manufactured, cultivated or collected under any Licence granted under this Act, or manufactured in any distillery, pot-still or brewery established or licensed under this Act.

Duty may be imposed under this section at different rates according to the places to which any excisable article or intoxicating drug is to be removed for consumption or according to the varying strength and quality of such article. ¹["28-A. Surcharge for mitigating natural or manmade calamities- (1) Any excisable article chargeable with duty under section 28, shall be chargeable with surcharge at such rate not exceeding 50 percent of the duty chargeable on such excisable article under section 28, as may be notified by the State Government, for the purpose of mitigating natural or man-made calamities like drought, flood, epidemic, public health exigencies, fire etc.

(2) The surcharge chargeable under sub-section (1) shall be in addition to any duty under section 28.

(3) Except as otherwise provided in sub-section (1), provisions of this Act shall, so far as may be, apply in relation to the surcharge, leviable under sub-section (1) as they apply in relation to the duty leviable under section 28.

(4) Save as provided in sub-section (3), the State Government may make rules for collection of surcharge leviable under this section.

(5) The surcharge collected under this section shall be utilized for the purpose of mitigating natural or manmade calamities like drought, flood, epidemic, public health exigencies, fire etc.".

1. Substituted vide Notification. No. F.3(4)FD/Ex/2015 Part-Loose Jaipur date 01-06-2020

2. Inserted vide Rajasthan Act. No. 28 of 1952

3. Substituted vide Rajasthan Act. No. 38 of 1957

Section 29.Manner of levying duty

Subject to such rules regulating the time place and manner of payment, as the ³[State Government] may prescribe, such duty may be levied in such one or more ways as the ³[State Government] may by notification in the ³[ Official Gazette] direct.

3. Substituted vide Rajasthan Act. No. 38 of 1957

Section 30.Payment for exclusive privilege

Instead of or in addition to any duty leviable under this chapter, the Excise Commissioner may accept payment of a sum in consideration of the grant of the Licence for exclusive privilege under Section 24.

⁴[30-A. Interest payable on failure to pay excise revenue.- If the amount of any duty, fee or other demand due against any person under this Act or the rules made thereunder is not paid till the due date as prescribed, he shall be liable to pay on the amount due simple interest ⁵[at such rate, as may be notified by the State Government from time to time]from the day next following the day on which the payment of such duty, fee or demand became due:

Provided that where as a result of any order of the competent authority, the amount on which the interest was payable under this section has been reduced, the interest shall be reduced accordingly and the excess interest paid, if any, shall be refunded.]

⁶[ Explanation. - Where both the excise revenue and interest are outstanding, the part payments made shall be appropriated first towards excise and than towards interest].

¹[ 30-AA. Power to reduce or waive interest in certain cases:- Notwithstanding anything contained in this Act, the Excise Commissioner may, on an application made in this behalf by licensee and after recording his reasons for so doing, reduce or waive the amount of any interest payable by the Licensee under this Act, if he is satisfied that

(a) to do otherwise would cause genuine hardship to the Licensee having regard to the circumstances of the case; and

(b) the Licensee has co-operated in any proceeding for the recovery of any amount due from him. ]

1- Inserted vide Rajasthan Act. No. 14 of 1989

4. Substituted vide Rajasthan Act. No. 08 of 1985

5. Substituted vide Rajasthan Act. No. 06 of 2003

6. Added vide Rajasthan Finance Act. 2001(Act No. 05 of 2000)

Section 31.Form and conditions of Licences, etc

Every licence, permit or pass granted under this Act, shall be granted-

(a) by such authority,

(b) on payment of such fees (if any),

(d) in such form and containing such particulars, and

(e) for such periods,

as the ¹[State Government] may prescribe by rules either generally or for any class of licences, permits or passes or as the ¹[State Government] may direct for any particular Licence, permit or pass.

1. Substituted vide Rajasthan Act. No. 38 of 1957

Section 32.Saving of Licences in force at the commencement of this Act

Every Licence which was granted under any provision of the Excise Acts or Laws repealed by this Act, shall be deemed to have been granted under the corresponding provision of this Act and shall (unless previously cancelled, suspended, withdrawn or surrendered under this Chapter) remain in force for the period for which it was granted.

Section 33.Power of authority granting Licence to require execution of counter part agreement etc

Any authority granting a Licence under this Act may require the grantee to execute a counter part agreement in conformity with the tenor 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.

Section 34.Power to cancel and suspend licences

(1) Subject to such restrictions as the ¹[State Government] may prescribe, the authority granting any licence, permit or pass under this Act may cancel or suspend it-

(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 of such Licence, permit or pass or by his servants, or by anyone acting on his behalf with his express or implied permission of any of the terms or conditions of such licence, permit or pass; or

(d) if the holder thereof is convicted of any offence punishable 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 any offence punishable under the ¹[Dangerous Drugs Act, 1930 (Central Act 2 of 1930)] or any law relating to merchandise marks or or any offence punishable under sections 482 to 489 (both inclusive) of the Indian penal code, ²[X X X X] or

(e) where a licence, permit or pass has been granted on the application of the grantee of an exclusive privilege under this Act, on the requisition in writing of such grantee; or

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

(2) When a licence, permit or pass held by any person is cancelled under Sub-section (1), the authority aforesaid may cancel any other licence, permit or pass granted to such person under this Act or any other law for the time being in force relating to excise, revenue or under ¹[ The Opium Act. 1887 (Centeral Act 1 or 1787)].

(3) The holder of a licence, permit or pass shall not be entitled to any compensation for the cancellation or suspension thereof under this section nor to a refund of any fee paid or deposit made in respect thereof.

1. Substituted vide Rajasthan Act. No. 38 of 1957

2. Omitted vide Rajasthan Act. No. 38 of 1957

Section 35.Further power to cancel licences

(1) Whenever the authority which granted a licence, permit or pass under this Act considers that such licence, permit or pass should be cancelled for any cause other than those specified in Section 34, "it may, on remitting a sum equal to the amount of the fees payable in respect thereof for fifteen days, cancel 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) When a licence, permit or pass is cancelled under this section 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 ¹[State Government].

(3) If any licence, permit or pass be cancelled under Clause (b) of Sub-section (1) in addition to the sum remitted as aforesaid, there shall be paid to the Licensee such further sum (if any) by way of compensation as the Excise Commissioner may direct.

1. Substituted vide Rajasthan Act. No. 38 of 1957

Section 36. Surrender of licence to sell by retail

Any holder of a licence to sell by retail under this Act may surrender his licence on the expiration of one month's notice in writing given by him to the Excise Commissioner of his intention to surrender the same and on payment of the fee 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 surrendering such a licence, he may remit to the holder thereof, the sum so payable on surrender or any portion thereof.

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.

Section 37. No renewal of licence or compensation on determination or non- renewal of licence claimable

No person to whom a licence has been granted under this Act shall have any claim to the renewal of such licence, or to any claim for compensation on the determination ²[ or nonrenewal thereof].

2. Substituted vide Rajasthan Act. No. 28 of 1961

Section 38.Technical irregularities in licence

(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 proceedings 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.

Section 39.Measures, weights and testing instruments

Section 40.Recovery of Excise Revenue

Section 41.Power of State Government to make rules

Section 42.Power of Chief Excise Authority to make rules

Section 43.Power to enter and inspect place of manufacture and sale

Section 44.Power of certain officers to investigate into offences punishable under this Act

Section 45.Power of arrest, seizure and detention

Section 46.Power of Excise Commissioner or Magistrate to issue warrant for search or arrest

Section 47.Power of Excise Officer to search without warrant

Section 48.Procedure relating to arrest, searches etc

Section 49.Modified application of certain provisions of the Code

Section 50.Duty of officers of certain departments to report offences and to assist Excise Officers

Section 51.Duty of landholders and others to give information

Section 52.Duty of officer-in-charge of police station to take charge of article seized

Section 53.Power to close shops for the sake of public peace

Section 54.Penalty for unlawful import, export, transport, manufacture, possession etc

Section 55.Penalty for unlawfully selling to persons under eighteen or employing children or women

Section 56. Penalty for rendering denatured spirit fit for human consumption

Section 57.Penalty for possession of excisable article unlawfully imported

Section 58.Penalty for certain acts by Licensee or his servants

Section 59.Penalty for consumption in chemist's shop etc

Section 60.Penalty for Excise Officer refusing to do duty

Section 61.Penalty for Excise Officer making vexatious search etc

Section 62.Penalties for offences not otherwise provided for

Section 63. Penalty for fraud by Licensed manufacturer or vendor or his servant

Section 64.Manufacture, sale or possession by one person on account of another

Section 65.Attempt to commit offence punishable under this Ac

Section 66. Enhanced punishment after previous conviction

Section 67.Cognizance of offences and credit of fines to Excise Department

Section 68.Presumption as to commission of offences in certain cases

Section 69.What things are liable to confiscation

Section 70.Power of Excise Officers to compound offences

Section 71.Exemption

Section 72.Publication of rules and notification

Section 73.Bar of certain suits

Section 74. Powers exercisable from time to time