Vidhi Codex

The Bihar Prohibition and Excise Act, 2016

The Bihar Prohibition and Excise Act, 2016

Tax2016101 sections8 chapters

This law governs the production, sale, and consumption of alcohol in the state of Bihar. It establishes strict rules for the liquor industry and enforces a prohibition on the manufacture, sale, and purchase of intoxicants. The legislation aims to reduce social problems and health issues associated with alcohol abuse by regulating the excise sector and ensuring public order. It applies to everyone within the state, including individuals and businesses involved in the liquor trade.

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Chapter III PROHIBITION ETC. OFINTOXICANTS →

  1. 13Prohibition of liquor or intoxicants.
  2. 14Movement of Intoxicants etc.
  3. 15Restrictions on Vehicles carrying intoxicants etc.
  4. 16Power to Regulate Transport of Intoxicants.

Chapter IV RENEWAL OF LICENSE AND PERMIT TO THE EXISTING LICENSEES →

  1. 17Renewal of Licenses for Distilleries, breweries, etc.
  2. 18Non Transferability of Licenses& permits.
  3. 19Powers of the Board.
  4. 20Qualifications for grant of license.
  5. 21Holograms.
  6. 22Power to suspend or cancel license and permit.
  7. 23Bar to the right of renewal and to compensation.
  8. 24Power of the State Government to withdraw or not to renew a license.
  9. 25Power of the Collector to take over the Management.

Chapter V EXCISE REVENUE →

  1. 26Nature and components of excise revenue.
  2. 27Fees for terms, conditions, and form of, and duration of, licenses, permits and passes
  3. 28Excise revenue to be paid irrespectiveof pendency of any writ petition, suit, etc.
  4. 29Power to impose duty on import, export, transport and manufacture.

Chapter VI OFFENCES AND PENALTIES →

  1. 30Penalty for unlawful import, export, transport, manufacture, possession, sale, etc.
  2. 31Commission of offence by companies.
  3. 32Presumption as to commission of offence in certain cases.
  4. 33Penalty for rendering denatured spirit fit for human consumption.
  5. 34Penalty for mixing noxious substance with liquor.
  6. 35Penalty for committing fraud.
  7. 36Penalty for dealing in spurious liquor.
  8. 37Penalty for consumption of liquor.
  9. 38Penalty for possession or knowledge of possession of intoxicant.
  10. 39Penalty for consumption of liquor in chemist’s shop.
  11. 40Penalty for unlawful advertisement.
  12. 41Penalty for import, export, manufacture, transport, sale or possession by one person on account of another
  13. 42Order by Collector to pay compensation.
  14. 43Penalty for misconduct of licensees, etc.
  15. 44Penalty for employing minors or women in illegal liquor trade.
  16. 45Penalty for assault and obstruction.
  17. 46Penalty for non-payment of duty or fee.
  18. 47Penalty for allowing premises, etc., to be used for commission of an offence.
  19. 48Penalty for attempt to commit an offence.
  20. 49Penalty for Contempt of Court.
  21. 50Penalty on excise officer or police officer for making vexatious search, seizure, detention or arrest
  22. 51Penalty on excise officer or police officer refusing to do duty.
  23. 52Penalty for offences not otherwise provided for.
  24. 53Enhanced punishment after previous conviction.
  25. 54Failure of land owners, building owners and other persons to give information of
  26. 55Non-compounding of offences.
  27. 56Things liable for confiscation.
  28. 57Power of Collector, etc., to order sale or destruction of articles before confiscation.
  29. 58Confiscation by District Collector.
  30. 59Order of confiscation and destruction not to interfere with other punishment.
  31. 60Bar of jurisdiction in confiscation.
  32. 61Confiscated articles to vest with the Collector.
  33. 62Premises liable to be sealed.
  34. 63Power of Collector to close places where liquor, intoxicant or hemp is sold in certain cases.
  35. 64Collective Fine.
  36. 65Power of the State Government to withdraw facilities, privileges etc.

Chapter VII Externment and Internment →

  1. 66Externmentetc of notorious or habitual offenders.
  2. 67Extension of period of order.
  3. 68Permission to return temporarily.
  4. 69Nature of evidence.
  5. 70Immediate Arrest.
  6. 71Penalty for non-compliance of order under Section-66.
  7. 72Powers in relation to absconding person.

Chapter VIII DETECTION, INVESTIGATION AND TRIAL OF OFFENCES →

  1. 73Power to enter, inspect, search and seize.
  2. 74Power to arrest or detain without warrant.
  3. 75Power to conduct breath analysis tests and medical tests.
  4. 76Offences to be Cognizable and Non-Bailable.
  5. 77Power to obtain information.
  6. 78Power to investigate.
  7. 79Powers of the Excise Officer.
  8. 80Production of Persons arrested.
  9. 81Duty of police to accept seized articles and arrested persons.
  10. 82Reports of arrests, seizures and searches.
  11. 83Trial by the Court.
  12. 84Special Courts – (1) Notwithstanding anything contained in this Act or the Code of
  13. 85Procedure and Power of the Special Judge.
  14. 86Power to transfer cases to Regular Courts.
  15. 87Power of the Special Court to implead manufacturer, owner, occupier, etc.
  16. 88Special/ Additional Public Prosecutors.
  17. 89Appeal.
  18. 90Application of certain provisions of the Code of Criminal Procedure, 1973.
  19. 91Procedure for launching Prosecution.
  20. 92Appeals.
  21. 93Revision.

Chapter X EXEMPTIONS →

  1. 94Power of State Government to exempt intoxicants from the provisions of this Act.

Chapter XI MISCELLANEOUS →

  1. 95Power of the State Government to make rules.
  2. 96Officers to be Public Servants.
  3. 97Orders to remain in force.
  4. 98Repeal and Savings.
  5. 99Validation.
  6. 100Power to remove difficulty.

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