Chapter XI MISCELLANEOUS

1. (1) The State Government may, by notification, in the Official Gazette, make rules not inconsistent with the provisions of this Act to carry out the purposes of this Act.
2. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-
   • (a) prescribing the powers and duties of excise officers;
   • (b) prescribing the manner of dealing with appeal and revision;
   • (c) prescribing the process of filing prosecution report by the excise officers;
   • (d) prescribing the procedure for appointment of Special Public Prosecutors or Additional Public Prosecutors;
   • (e) prescribing the manner of monitoring of prosecution of all cases filed under the Act by the Collector;
   • (f) declaring the process and procedure of manufacturing, storage, disposal and denaturation of spirit and ethanol;
   • (g) regulating the time, place, rate and manner of payment of duty or fee and taking of security for its due payment;
   • (h) prescribing the authority by which, the form and the manner in which, and the terms and conditions, subject to which any license, permit or pass shall be granted;
     • (i) providing for destruction or other disposal of any liquor deemed to be unfit for use;
   • (j) regulating disposal of confiscated articles;
   • (k) providing for the grant of reward to excise officers and informers;
   • (l) regulating the grant of expenses to witnesses;
   • (m) regulating the power of excise officer to summon witnesses;
   • (n) curbing activities of boot-leggers who distill, manufacture, store, transport, import, export, sell or distribute any liquor or intoxicant in contravention of any provisions of this Act or the rules made there under;
   • (o) prescribing the manner and procedure for sealing of premises, confiscation and community fine as mentioned in the Act;
   • (p) prescribing the delegation of various powers and duties between the Board, the Excise Commissioner or the Collector;
   • (q) any miscellaneous matter for which the Government feels essential to make rules for;
   • (r) any other matter which is required to be, or may be prescribed under this Act;
3. (3) Every rule made under this Act shall be laid, as soon as may be after it is made, before the State Legislature while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid the State Legislature agrees in making such modifications in the rule or the State Legislature agrees that the rule should not be made, the rule shall have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule.

(1)All officers and persons empowered to exercise any powers or to perform any functions under this Act shall be deemed to be public servants within the meaning of section-21 of the Indian Penal Code, 1860 ( Act 45 of 1860).

1. (2) No suit shall lie in any civil court against the State Government orany excise officer for damages for any act done in good faith 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.
2. (3) No civil court shall try any suit against the State 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 made against any other person under this Act.

1. (1) Every order, notification , rule or regulation which was made under the Bihar Excise Act, 1915(Bihar and Orissa Act II of 1915), Bihar Excise (Amendment) Act, 1973, Bihar Excise (Amending & Validating) Act, 1981, Bihar and Orissa Excise (Amendment) Act, 1985, and the Bihar Excise (Amending and Validating) Act, 1995, Bihar Excise (Amendment) Act, 2016 ( Bihar Act 3 of 2016), Bihar Prohibition Act, 1938 ( Act 6 of 1938) by the State of Bihar or by the Excise Commissioner, Collector, the Board or any other Excise Officer appointed under those enactments, relating to the matter of Excise and which was in force immediately before the expiration thereof shall, in so far as such order or notification or rule or regulation is not inconsistent with the provisions of this Act, be deemed to continue in force and to have been made under this Act.

1. (1) The Bihar Excise Act, 1915 (Bihar and Orissa Act II of 1915) including its amending Acts called Bihar Excise (Amendment) Act, 1973, Bihar Excise (Amending & Validating) Act, 1981, Bihar and Orissa Excise (Amendment) Act, 1985, and the Bihar Excise (Amending and Validating) Act, 1995, and the Bihar Excise (Amendment) Act, 2016 (Act 3 of 2016)along with the Bihar Prohibition Act, 1938 (6 of 1938), arehereby repealed.
2. (2) Notwithstanding such repeal, anything done or any action taken under the said Act shall be deemed to have been done or taken under the corresponding provisions of this Act.
3. (3) All references in any enactment to any of the provisions of the Act so repealed shall be construed as references to the corresponding provisions of this Act.
4. (4) All proceedings (including proceedings by way of investigations) pending before any Officer, Authority or Court, immediately before the commencement of this Act shall on such commencement be deemed to be proceedings pending before it as per this Act and shall continue to be dealt with accordingly.

Notwithstanding anything contained in any judgement, decree or order of

any court, tribunal or other authority,-

1. (a) the provisions of the Bihar Excise Act, 1915(Bihar and Orissa Act II of 1915),Bihar Prohibition Act, 1938 ( Act 6 of 1938) , Bihar Excise (Amendment) Act, 1973, Bihar Excise (Amending & Validating) Act, 1981, Bihar and Orissa Excise (Amendment) Act, 1985, and the Bihar Excise (Amending and Validating) Act, 1995, and the Bihar Excise (Amendment) Act,2016 ( Act 3 of 2016) shall have and shall be deemed always to have effect for all purposes as if the provisions of the Bihar Excise Act, 1915(Bihar and Orissa Act II of 1915) and the Bihar Prohibition Act, 1938(6 of 1938), as amended by the aforesaid amendments, had been in force at all material times;
2. (b) no suit or other proceedings shall, without prejudice to the generality of the foregoing provisions, be maintained or continued in any court or tribunal or authority for the enforcement of any decree or order or direction given by such court or tribunal or authority under the provisions of the Bihar Excise Act, 1915(Bihar and Orissa Act II of 1915) and the aforesaid amending Acts and the Bihar Prohibition Act, 1938 (6 of 1938), as it stood before the commencement of the Bihar Prohibition and Excise Act, 2016.

1. (1) If any difficulty arises in giving effect to the provisions of this Act the StateGovernment may, by notification in the Official Gazette, make such provisions as it deems necessary or expedient for removing the difficulty.
2. (2) Every notification issued under this section shall, as soon as may be after it is issued, be laid before the State Legislature. By Order of the Governor of Bihar, SANJAY KUMAR, Secretary to Government.

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