The Bihar Excise (Amendment) Act, 2016

1. (1) This Act may be called the Bihar Excise (Amendment) Act, 2016.
2. (2) It shall come into force at once.

1. (1) For sub-section (2) of section-1 of the Bihar Excise Act, 1915 (Bihar and Orissa Act II of 1915) (hereinafter referred to as the said Act), the following shall be substituted, namely:-(2) It shall extend to the whole of the State of Bihar.

After the sub-section

1. (17) of Section-2 , the following new sub-section (17A) shall be inserted, namely: "(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."

1. (i) After the sub-section (21) of Section-2 , the following new sub-section (22) shall be inserted, namely: "(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."

(i) After section-4 the following new section-4A shall be inserted, namely:- “4A. 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.” 6(i). Deletion of Clause 2(b) Clause (b) of sub-section (2) of Section-19 of the Bihar Excise Act, 1915 (Bihar and Orissa Act II of 1915), shall be deleted. 6(ii). Amendment of sub-section (4) of Section-19 For sub-section (4) of section- 19 of the Bihar Excise Act, 1915 (Bihar and Orissa Act II of 1915), the following shall be substituted, namely:- “(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.” 7(i). Substitution of new section for section- 47 For section- 47 of the said Act the following shall be substituted, namely:- “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.” 7(ii). Substitution of new section for section- 47A For section- 47A of the said Act the following shall be substituted, namely:- “47A- 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 or 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. 7(iii). Substitution of a new section for section- 48 For section- 48 of the said Act the following shall be substituted, namely:- “48- Presumption as to commission of offence in certain cases. - (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.” 7(iv). Substitution of a new section for section- 49 For section- 49 of the said Act the following shall be substituted, namely:- “49- Penalty for rendering denatured spirit fit for human consumption. - 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.” 7(v). Substitution of a new section for section- 50 For section- 50 of the said Act the following shall be substituted, namely:- “50- Penalty for mixing noxious substance with liquor. - 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 not be 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).” 7(vi). Substitution of a new section for section- 51 For section- 51 of the said Act the following shall be substituted, namely:- “51- Penalty for selling spurious liquor. - 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.” 7(vii). Substitution of a new section for section- 52 For section- 52 of the said Act the following shall be substituted, namely:- “52- Penalty for fraud. - 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 such other receptacle containing country liquor with the intention of causing it to be believed that such bottle, case, package or 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.” 7(viii). Substitution of a new section for section- 53 For section- 53 of the said Act the following shall be substituted, namely:- “53- Penalty for consumption of liquor in public place. - Whoever, in contravention of this Act or the rules, notification or order made there under - (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.” 7(ix). Substitution of a new section for section- 54 For section- 54 of the said Act the following shall be substituted, namely:- “54- Penalty for possession of intoxicant in respect of which an offence has been committed. - 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.” 7(x). Substitution of a new section for section- 55 For section- 55 of the said Act the following shall be substituted, namely:- “55- Penalty for consumption of liquor in chemist’s shop. - (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.” 7(xi). Substitution of a new section for section- 56 For section- 56 of the said Act the following shall be substituted, namely:- “56- Penalty for unlawful advertisement. - 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.” 7(xii). Substitution of a new section for section- 57 For section- 57 of the said Act the following shall be substituted, namely:- “57- Penalty for import, export, manufacture, transports, sale or possession by one person on account of another. - (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.” 7(xiii). Substitution of a new section for section- 58 For section- 58 of the said Act the following shall be substituted, namely:- “58- Order by Collector to pay compensation. - (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) the Collector, when passing an order under this Act, 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.” 7(xiv). Substitution of a new section for section- 59 For section- 59 of the said Act the following shall be substituted, namely:- “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." 7(xv). Substitution of a new section for section- 60 For section- 60 of the said Act the following shall be substituted, namely:- “60- Penalty for employing minors or women or selling liquor to minors. - (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 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.” 7(xvi). Substitution of a new section for section- 61 For section- 61 of the said Act the following shall be substituted, namely:- “61- Penalty for assault and obstruction. - 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 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." 7(xvii). Substitution of a new section for section- 62 For section- 62 of the said Act the following shall be substituted, namely:- “62- Penalty for non-payment of duty or fee. - 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." 7(xviii). Substitution of a new section for section- 63 For section- 63 of the said Act the following shall be substituted, namely:- “63- Penalty for allowing premises, etc., to be used for commission of an offence. - 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 person of an offence punishable under this Act, shall be liable to the same punishment as if he has himself committed the said offence.” 7(xix). Substitution of a new section for section- 64 For section- 64 of the said Act the following shall be substituted, namely:- “64- Penalty for attempt to commit an offence. - Whoever attempts to commit any offence punishable under this Act shall be liable to one half of the maximum punishment provided for the offence under this Act.” 7(xx). Insertion of a new section- 64A after section- 64 After section- 64 of the said Act the following shall be inserted, namely:- “64A- Penalty for contempt of court. - Every proceeding under this Act before the Collector or any officer of such rank as may be prescribed by the State Government, exercising powers 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).” 7(xxi). Substitution of a new section for section- 65 For section- 65 of the said Act the following shall be substituted, namely:- “65- Penalty for vexatious search, seizure, detention or arrest by excise officer. - Any excise officer or other officer, who without reasonable ground of suspicion, and with the intention of vexing, - (a) enters or searches or causes to be entered or searched, any closed place under colour of exercising any power conferred by this Act; (b) seizes the movable property of any person on the pretence of seizing or searching for any article liable to confiscation under this Act; (c) searches, detains or arrests any person; (d) in any way exceeds his lawful powers under this Act; shall be punishable with imprisonment for three months, or with fine which may extend to ten thousand rupees, or with both." 7(xxii). Substitution of section- 66 For section- 66 of the said Act, the following shall be substituted, namely:- “66- Penalty on excise officer refusing to do duty. - 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.” 7(xxiii). Substitution of a new section for section- 67 For section- 67 of the said Act the following shall be substituted, namely:- “67- Penalty for offences not otherwise provided for. - 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.” 7(xxiv). Insertion of a new section- 67A after section- 67 After section- 67 of the said Act the following shall be inserted, namely:- “67A- 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.” 7(xxv). Insertion of a new section- 67B after section- 67A After section- 67A of the said Act the following shall be inserted, namely:- “67B- 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.” 7(xxvi). Insertion of a new section- 67C after section- 67B After section- 67B of the said Act the following shall be inserted, namely:- “67C- 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.” 7(xxvii). Substitution of a new section for section- 68 For section- 68 of the said Act the following shall be substituted, namely:- “68- Non-compounding of offences. - Any offence committed in contravention of the provisions of this Act shall be non-compoundable under this Act.” 7(xxviii). Insertion of a new section- 68A after section- 68 After section- 68 of the said Act the following shall be inserted, namely:- “68A- 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.” 7(xxix). Insertion of a new section- 68B after section- 68A After section- 68A of the said Act the following shall be inserted, namely:- “68B- 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.” 7(xxx). Insertion of a new section- 68C after section- 68B After section- 68B of the said Act the following shall be inserted, namely:- “68C- 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.” 7(xxxi). Insertion of a new section- 68D after section- 68C After section- 68C of the said Act the following shall be inserted, namely:- “68D- 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.” 7(xxxii). Insertion of a new section- 68E after section- 68D After section- 68D of the said Act the following shall be inserted, namely:- “68E- 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.” 7(xxxiii). Insertion of a new section- 68F after section- 68E After section- 68E of the said Act the following shall be inserted, namely:- “68F- 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.” 7(xxxiv). Insertion of a new section- 68G after section- 68F After section- 68F of the said Act the following shall be inserted, namely:- “68G- 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.” 7(xxxv). Insertion of a new section- 68H after section- 68G After section- 68G of the said Act the following shall be inserted, namely:- “68H- 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 riot 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.” 7(xxxvi). Insertion of a new section- 68I after section- 68H After section- 68H of the said Act the following shall be inserted, namely:- “68I- 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).”