Chapter VI LICENSES, PERMITS AND PASSES.

Fees for terms, conditions and form of, and duration of licenses, permits and passess. (1) Every license, permit or pass granted under the Act shall be granted— (a) on payment of such fees, if any, (b) subject to such restrictions and on such conditions, (c) in such form and containing such particulars, (d) for such period, as the Financial Commissioner may direct. (2) Any authority granting a license under this Act may require the license to give such security for the observance of the terms of his license, or to make such deposit in lieu of security, as such authority may think fit. (3) Whenever the authority which granted a license, permit or pass under this Act, considers that such license, permit or pass should be amended for any cause, it may, after notice to the holders of its intention to do so, amend such license, permit or pass.

Grant of licenses, for sale, ascertainment of public opinion. (1) Subject to the rules made by the Financial Commissioner under the powers conferred by this Act, the Collector may grant licenses for the sale of any intoxicant within his district. (2) Before any license is granted in any year for the retail sale of liquor for consumption on any premises which have not been so licensed in the preceding year, the Collector shall take such measures, in accordance with rules to be made by the State Government in this behalf, as may best enable him to ascertain local public opinion in regard to the licensing of such premises. (3) A license for sale in more than one district of Haryana shall be granted by the Financial Commissioner only.

Power to cancel or suspend licenses, etc. Subject to such restrictions as the State Government may prescribe, the authority granting any license, permit or pass under this Act may cancel or suspend it- (a) if it is transfered 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 license, permit or pass or by his servants, or by any one acting on his behalf with his express or implied permission, of any of the terms or conditions of such license, 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 nonbailable offence or of any offence punishable under the Dangerous Drugs Act, 1930 or, under the Merchandise Marks Act, 1889, or of any offence punishable under sections 482 to 489 (both inclusive) of the Indian Penal Code; 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; or (f) where a license, permit or pass has been granted on the application of the grantee of a lease under this Act, on the requisition in writing of such grantee; or (g) at will, if the conditions of the license or permit provide for such cancellation or suspension.

When a license, permit or pass held by any person is cancelled under clauses (a), (b), (c), (d) or (e) of section 36 the authority aforesaid may cancel any other license, permit or pass granted to such person by, or by the authority of the State Government, within the same district under this Act or under any other law for the time being in force relating to excise revenue or under the Opium Act, 1878, and the Financial Commissioner may cancel any such license, permit or pass granted to such person in any district to which this Act applies.

Power to recover fee. In the case of cancellation or suspension of a license under clauses (a), (b), (c), (d) or (e) of section 36, the fee payable for the balance of the period for which any license would have been current but for such cancellation or suspension, may be recovered from the ex-licensee as excise revenue.

If any holder of a license granted this Act, or any person to whom a lease has been granted under section 27, makes default in complying with any condition imposed upon him by such license or lease, the Collector may take the grant under management at the risk of the person who has so defaulted or may resell it and recover in the manner laid down in section 60 of this Act any deficiency in price and all expenses of such re-sale.

When a license, permit or pass is cancelled or suspended under clauses (a), (b), (c), (d) or (e) of section 36 or under section 37, the holder shall not be entitled to any compensation for its cancellation or suspension, nor to the refund of any fee paid or deposit made in respect thereof.

Power to withdraw licenses; Compensation in the case of withdrawal and refund of fee or deposit. (1) Whenever the authority which granted a license, permit or pass under this Act considers that such license, permit or pass should be withdrawn for any cause other than those specified in section 36, it may withdraw the license 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 license, permit or pass be withdrawn 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 Financial Commissioner may direct. (3) When a license, permit or pass is withdrawn 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 State Government.

Technical irregularities in licenses , etc. (1) No license, permit or pass granted under this Act shall be deemed to be invalid by reason merely of any technical defect, irregularity or omission in the license or in any proceedings taken prior to the grant thereof. (2) The decision of the Financial Commissioner as to what is a technical defect, irregularity or omission shall be final.

No person to whom a license, permit or pass may have been granted shall be entitled to claim any renewal thereof, and no claim lie for damages or otherwise in consequence of any refusal to renew a license, permit or pass on the expiry of the period for which it remains in force.

(1) No holder of a license granted under this Act to sell an intoxicant shall surrender his license except on the expiration of one month’s notice in writing given by him to the Collector of his intention to surrender the same and on payment of the fee payable for the license for the whole period for which it would have been current but for the surrender: Provided that, if the Collector is satisfied that there is sufficient reason for surrendering the license, he may remit to the holder thereof the sum so payable on surrender or any portion thereof. (2) Sub-section (1) shall not apply in the case of any license granted under section 27(2). Explanation.― The words “holder of a license” as used in this section include a person whose tender or bid for a license has been accepted, although he may not actually have received the license.

Any excise officer not below such rank as the State Government may prescribe may― (a) enter and inspect, at any time by day or by night, any place in which any licensed manufacturer carries on the manufacture of or stores any intoxicant; (b) enter and inspect, at any time within the hours, during which sale is permitted, and at any other time during which the same may be open, any place in which any intoxicant is kept for sale by any person holding a license under this Act; (c) examine accounts and registers, test, measure or weigh any materials, stills, utensils, implements, apparatus or intoxicant found in that place; (d) seize any accounts, registers, measures, weights or testing instruments which he has reason to believe to be false.

(1) The State Government may by notification invest any excise officer, not below the rank of sub-inspector with power to investigate any offence punishable under this Act, committed within the limits of the area in which the officer exercises jurisdiction. (2) Every officer so empowered may within those limits exercise the same powers in respect of such investigation as an officer in charge of a police Station may exercise in a cognizable case under the provisions of Chapter XII of the Code of Criminal Procedure, 1973.

Powers of arrest, seizure and detention. Any officer of the excise, police, salt or land revenue department, not below such rank and subject to such restrictions as the State Government may prescribe, and any other person duly empowered by notification by the State Government in this behalf may arrest without warrant any person found committing an offence punishable, under section 61, or section 63, and may seize and detain any intoxicant or other article, which he has reason to believe to be liable to confiscation under this Act or other law for the time being in force relating to excise revenue; and may 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.

A magistrate having reason to believe that an offence under section 61 or 63 has been, is being, or is likely to be committed, may― (a) issue a warrant for the search of any place in which he has reason to believe that any intoxicant still, utensil, implement, apparatus or materials, in respect of which such offence has been, is being or is likely to be committed, are kept or concealed; and (b) issue a warrant for the arrest of any person whom he has reason to believe to have been, to be, or to be likely to be engaged in the commission of any such offence.

Power of excise officer to search without warrant and further powers of seizure, detention search and arrest. (1) 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 61, section 62, section 63, or section 64, has been, is being, or is likely to be committed in any place, and that a search-warrant cannot be obtained without affording the offender an opportunity of escape or of concealing evidence of the offence, he may, after recording the grounds of his belief, at any time by day or by night, enter and search such place, and seize anything found therein which he has reason to believe to be liable to confiscation under this Act.

Save as in this Act otherwise expressly provided, the provisions of the Code of Criminal Procedure, 1973; relating to arrests, detentions in custody, searches, summonses, warrants of arrest, search-warrants, production of persons arrested and investigation of offence shall be held to be applicable to all action taken in these respects under this Act : Provided that— (1) any offence under this Act may be investigated by an officer empowered under section 46 without the order of a magistrate; (2) whenever an excise officer below the rank of Collector makes any arrest, seizure or search he shall within twenty-four hours thereafter make a full report of all the particulars of the arrest, seizure or search to his immediate official superior, and shall, unless bail be accepted under section 73, take or send the person arrested or the article seized, with all convenient despatch to a Judicial Magistrate for trail or adjudication.

All police officers are required to aid the excise officers in the due execution of this Act, upon request made by such excise officers.

Duty of land-holders and others to give information. (a) Every owner or occupier of land or any building and the agent of any owner or occupier of land or any building on which— (b) Every lambardar, village headman, village accountant, village watchman, village policeman and every officer employed in the collection of revenue or rent of land on the part of Government or the Court of Wards in whose village—there shall be any manufacture or illegal import or collection of any intoxicant not licensed under this Act, or any unlawful, cultivation of any plants from which an intoxicating drug can be produced, shall be bound, in the absence of reasonable excuse, to give notice of the same to a magistrate or to an officer of the excise, police or land revenue department as soon as the fact comes to his knowledge.

Every officer in charge of a police station shall take charge of and keep in safe custody, pending the orders of a magistrate, or of the Collector of of an officer empowered under section 46(1) to investigate the case, all articles seized under this Act which may be delivered to him, and shall allow any excise officer who may accompany such articles to the police station, or may be deputed for the purpose by his superior officer to affix his seal to the articles and to take samples of and from them. All samples so taken shall also be sealed with the seal of the officer in charge of the police station.

Power to close shops for the sake of public peace. (1) The District Magistrate or a Sub-Divisional Magistrate by notice in writing to the licensee may 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) Ir a riot or unlawful assembly is apprehended or occurs in the vicinity of any such shop, an Executive Magistrate of any class may require such shop to be kept closed for such period as he may think necessary: Provided that where any such riot or unlawful assembly occurs the licensee shall, in the absence of a magistrate, close his shop without any order. (3) When any Sub-Divisional Magistrate makes a direction under sub-section (1) or any Executive Magistrate makes a direction under sub-section (2) he shall forthwith inform the Collector of his action and his reasons therefor.

Every person who manufactures or sells any intoxicant under a license granted under this Act shall be bound— (a) to supply himself with such measures, weights and instruments as the Financial Commissioner may prescribe, and to keep the same in good conditions; and (b) on the requisition of any excise officer duly empowered by the Collector in that behalf, at any time to measure, weigh or test any intoxicant in his possession in such manner as the said officer may require.

The State Government may by notification, either wholly or partially and subject to such conditions as it may think fit to prescribe, exempt any intoxicant from all or any of the provisions of this Act.

Bar of suits. (1) No suit or other proceedings shall be entertained or continued in any civil court against withdrawal or amendment of a licence, permit and pass for any damages, remission or compensation on the ground that any loss is sustained by the withdrawal or amendment thereof. (2) No suit shall lie in any civil court against the Government or any officer or person 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.

Power of State Government to make rules, previous publications of rules. (1) The State Government may, by notification, make rules for purposes of carrying out the provisions of this Act or any other law for the time being in force relating to excise revenue. (2) In particular, and without prejudice to the state generality of the foregoing provisions, the State Government may make rules— (2) (a) prescribing the duties of excise officers; (b) regulating the delegation of any powers by the Financial Commissioner, Commissioners or Collector, under section 13, clause (b); (c) prescribing the time and manner of presenting, and the procedure for dealing with appeals from orders of excise officers; (d) regulating the import, export, transport or possession of any intoxicant or excise bottle and the transfer, price or use of any type or description of such bottle; (dd) fixing the prices of beer and Indian made foreign spirit to be charged by the breweries and distilleries respectively; (e) regulating the periods and localities for which, and the persons, or classes of persons, to whom, licenses, permits and passes for the vend by wholesale or by retail of any intoxicant may be granted and regulating the number of such licenses which may be granted in any local area; (f) prescribing the procedure to be followed and the matters to be ascertained before any license is granted for the retail vend of liquor for consumption on the premises; (g) for the prohibition of the sale of any intoxcant to any person or class of persons; (h) regulating the power of excise officers to summon witnesses from a distance; (i) regulating the grant of expenses to witnesses and compensation to persons charged with offences under this Act and subsequently released, discharged or acquitted; (j) for the prohibition of the employment by a license-holder of any person or class of persons to assist in his bussiness in any capacity whatsoever; (k) for the prevention of drunkenness, gambling and disorderly conduct in or near any licensed premises, and the meeting or remaining of persons of bad character in such premises; (l) prohibiting the printing, publishing or otherwise displaying or distributing any advertisement or other matter commanding or soliciting the use of, or offering any intoxicant calculated to encourage or incite any individual or class of individuals or the public generally to commit an offence under this Act, or to commit a breach or evade the provisions of any rule or order made thereunder, or the conditions of any license permit or pass obtained thereunder; (m) prohibiting within the State the circulation, distribution or sale of any newspaper, book, leaflet, booklet, or other publication printed and published outside the State which Contains any advertisement or matter of the nature described in clause (l); (n) declaring any newspaper, book, leaflet, booklet, or other publication, wherever printed or published, containing any advertisement or matter of the nature described in clause (l) to be forfeited to the State Government; and (o) implementing generally the policy of prohibition. (3) The power conferred by this section of making rules is subject to the condition that the rules be made after previous publication: Provided that any such rules may be made without previous publication if the State Government consider that they should be brought into force at once.

The Financial Commissioner may, by notification, make rules— (a) regulating the manufacture, supply, storage or sale of any intoxicant, including— (i) the character, erection, alteration, repair, inspection, supervision, management and control of any place for the manufacture, supply, storage or sale of such article and the fittings, implements; apparatus and registers to be maintained therein; (ii) the cultivation of the hemp plant and the collection of spontaneous growth of such plant and the preparation of any intoxicating drug; (iii) the tapping or drawing of tari from any tari-producing tree; (b) regulating the bottling of liquor for purposes of sale; (c) regulating the deposit of any intoxicant in a warehouse and the removal of any intoxicant from any warehouse or from any distillery or brewery; (d) prescribing the scale or fees or the manner of fixing the fees payable in respect of any license permit or pass or in respect of the storing of any intoxicant; (e) regulating the time, place and manner of payment of any duty, fee or penalty; (f) prescribing the authority by, the restrictions under, and the conditions on, which any license, permit or pass may be granted, including provision for the following matters- (i) the prohibition of the admixture with any intoxicant of any substance deemed to be noxious or objectionable; (ii) the regulation or prohibition of the reduction of liquor by a licensed manufacturer or licensed vendor from a higher to a lower strength; (iii) the fixing of the strength at which intoxicants shall be sold, supplied or possessed; (iiia) the fixing of the price below and above which any intoxicants shall not be sold or supplied by the licensed vendors; (iv) the prohibition of sale of any intoxicant except for cash; (v) the fixing of the days and hours during which any licensed premises may or may not be kept open, and the closure of such premises on special occasions; (vi) the specification of the nature of the premises in which any intoxicant may be sold, and the notices to be exposed at such premises; (vii) the forms of the accounts to be maintained and the returns to be submitted by license-holders; and (viii) the prohibition or regulation of the transfer of licenses; (g) (i) declaring the process by which spirit shall be denatured; (ii) for causing spirit to be denatured through the agency or under the supervision of its own officers; (iii) for ascertaining whether such spirit has been denatured; (h) providing for the destruction or other disposal of any intoxicant deemed to be unfit for use; (i) regulating the disposal of confiscated articles; (j) prescribing the amount of security to be deposited by holders of leases, licenses; permits or passes for the performance of the conditions of the same.

Recovery of dues. (1) The following monies, namely— (a) all excise revenue; (b) any loss that may accrue, when in consquence of default a grant has been taken under management by the Collector or has been resold by him under section 39; and (c) all amounts due to the Government by any person on account of any contract relating to the excise revenue;

Penalty for unlawful import, export, transport, manufacture, possession, sale, etc. (1) Whoever, in contravention of any section of this Act or any rule, notification issued thereunder or any order passed or of any license, permit or pass granted under this Act,- (a) imports, exports, transports, manufactures, collects or possesses any intoxicant; or (b) constructs or works any distillery or brewery; or (c) uses, keeps or has in his possession any material, still, utensil implement or apparatus, whatsoever, for the purpose of manufacturing any intoxicant; shall be punished for every such offence with imprisonment for a term which may extend to three years and with fine which may extend to ten lakh rupees: Provided that in the case of an offence relating to the possession of,- (i) a working still for the manufacture of any intoxicant, such imprisonment which shall not be less than two years and such fine which shall not be less than two lakh rupees. In case the fine is not paid, he shall have to undergo further imprisonment; (ii) lahan, such imprisonment which shall not be less than one year and such fine which shall not be less than one lakh rupees. In case the fine is not paid, he shall have to undergo further imprisonment; (iii) country liquor manufactured otherwise than in a licensed distillery in Haryana, in a quantity not exceeding twelve bottles, each bottle containing 750 millilitres, such imprisonment which shall not be less than six months and such fine which shall not be less than fifty thousand rupees and in a quantity exceeding twelve bottles of the aforesaid capacity, such imprisonment which shall not be less than two years and such fine which shall not be less than two lakh rupees. In case the fine is not paid, he shall have to undergo further imprisonment; (iv) foreign liquor other than- (a) manufactured in a licensed distillery or brewery or bottling plant in India; or (b) imported into India on which custom duty is leviable under the Indian Tariff Act, 1934 (Central Act 32 of 1934), or the Customs Act, 1962 (Central Act 52 of 1962); such imprisonment shall not be less than two years and such fine shall not be less than two lakh rupees. In case the fine is not paid, he shall have to undergo further imprisonment; (v) foreign liquor manufactured in a distillery or brewery or bottling plant in India or imported into India on which custom duty is leviable under the Indian Tariff Act, 1934 (Central Act 32 of 1934) or the Customs Act, 1962 (Central Act 52 of 1962), in a quantity exceeding ten cases i.e. ninety bulk litres, on which the excise duty or any other levy payable under this Act, has not been paid, such imprisonment which shall not be less than two years and such fine which shall not be less than two lakh rupees. In case the fine is not paid, he shall have to undergo further imprisonment; (vi) country liquor manufactured in a licensed distillery in Haryana, beyond the prescribed limit for private possession, such imprisonment shall not be less than six months and such fine shall not be less than fifty thousand rupees. In case the fine is not paid, he shall have to undergo further imprisonment; (vii) foreign liquor manufactured in a licensed distillery or brewery or bottling plant in India or imported into India on which custom duty is leviable under the Indian Tariff Act, 1934 (Central Act 32 of 1934) or the Customs Act, 1962 (Central Act 52 of 1962), on which excise duty and all other levies payable under this Act, has been paid beyond the prescribed limit for private possession, such imprisonment which shall not be less than six months and such fine which shall not be less than one lakh rupees. In case the fine is not paid, he shall have to undergo further imprisonment; and (viii) foreign liquor manufactured in a licensed distillery or brewery or bottling plant in India or imported into India on which custom duty is leviable under the Indian Tariff Act, 1934 (Central Act 32 of 1934) or the Customs Act, 1962 (Central Act 52 of 1962) in a quantity not exceeding ten cases i.e. 90 bulk litres on which excise duty or any other levy payable under this Act, has not been paid, such imprisonment which shall not be less than one year and such fine which shall not be less than one lakh rupees. In case the fine is not paid, he shall have to undergo further imprisonment. (2) Whoever, in contravention of any section other than sections 29 and 30 of this Act or of any rule, notification issued thereunder or order made or of any license, permit or pass granted under this Act- (a) sells any intoxicant; or (b) cultivates the hemp plant; or (c) removes any intoxicant from any distillery, brewery or warehouse established or licensed under this Act; or (d) bottles any liquor for the purposes of sale; or (e) taps or draws tari from any tari-producing tree, shall be punishable with imprisonment not less than one year which may extend to two years and such fine shall not be less than two lakh rupees. In case the fine is not paid, he shall have to undergo further imprisonment. Note:- Fine under section 61 shall not be less than ten times the amount of excise duty or consideration fee which would have been leviable if such intoxicant had been dealt with in accordance with this Act and the rules and orders made thereunder or in accordance with any license, permit or pass obtained thereunder or the amount of fine mentioned in any of the sub-sections whichever is greater.

Penalty for unlawfully selling to persons under eighteen or employing children or women. If any licensed vendor, or any person in his employ or acting on his behalf- (a) in contravention of section 29 sells or delivers any liquor or intoxicating drug to any person apparently under the age of twenty-one years; or (b) in contravention of section 30, employs or permits to be employed, on any part of his licensed premises referred to in that section any man under the age of twenty-five years or women; or (c) sells any intoxicant to a person who is drunk or intoxicated; or (d) permits drunkenness, intoxication, disorderly conduct or gaming on the licensed premises of such licensed vendor; or (e) permits any person whom he knows or has reason to believe to have been convicted of any non-bailable offence or any reputed prostitute to frequent his licensed premises, whether for the purposes of crime or prostitution or not; he shall in addition to any other penalty to which he may be liable be punishable with a fine which may extend to Rs. 50,000. When any licensed vendor or any person in his employ or acting on his behalf is charged with permitting drunkenness or intoxication on the licensed premises of such vendor, and it is proved that any person was drunk or intoxicated on such premises, it shall lie on the person charged to prove that the licensed or the person employed by him or acting on his behalf took all reasonable steps for preventing drunkenness or intoxication on such premises.

Whoever renders or attempts to render fit for human consumption any spirit whether manufactured in India or not which has been denatured or has in his possession any spirit rendered fit for human

Penalty for fraud by licenced manufacturer or vendor or his servent. If any licensed manufacturer or licensed vendor or any person in his employ or acting on his behalf—

(a) sells, or keeps or exposes for sale, as foreign liquor any liquor which he knows or has reason to believe to have been manufactured from rectified spirit or country liquor; or (b) marks any bottle, case, package or other receptacle containing liquor so manufactured from rectified spirit or country liquor, or the cork of any such bottle, or deals with any bottle, case, package or other receptacle containing such liquor with the intention of causing it to be believed that such bottle, case, package, or other receptacle contains foreign liquor;

he shall be punishable with imprisonment for a term which may extend to one year and with fine which may extend to ten thousand rupees.

Penalty for certain acts by licensee or his servant. Whoever, being the holder of a license, permit or pass granted under this Act, or being in the employ of such holder or acting his behalf-

(a) fails wilfully to produce such license, permit or pass on the demand of any excise officer or of any other officer duly empowered to make such demand; or (b) in any case not provided for in section 61 wilfully contravenes any rule made under section 58 or section 59; or (c) wilfully does or omits to do anything in breach of any of the conditions of the license, permit or pass not otherwise provided for in this Act; (d) allows disorderly conduct or gaming on the licenced premises; or (e) reduces the strength of any liquor below the prescribed limit;

shall be punishable with imprisonment which may extend upto six months and with fine which shall not be less than ten thousand rupees and not more than fifty thousand rupees.

Penalty for consumption in chemists’ shops, etc. (1) If any chemist, druggist, apothecary or keeper or a dispensary allows any intoxicant which has not been bona fide medicated for medicinal purposes to be consumed on his business premises by any person not employed in his business, he shall be punishable with imprisonment for a term which may extend to three months and with fine which may extend to one thousand rupees. (2) If any person not employed as aforesaid consums any such intoxicant on such premises, he shall be punishable with a fine which may extend to two hundred rupees.

(1) When any intoxicant has been manufactured 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 manufacture or sale was, or that such possession is, on his account, the article, shall for the purposes of this Act be deemed to have been manufactured or sold by or to be in the possession of such other person. (2) Nothing in sub-section (1) shall be absolv any person who manufactures, sells or has possession of an intoxicant on account of another person from liability to any punishment under this Act, for the unlawful manufacture, sale or possession of such article.

Whoever attempts to commit or abets any offence punishable under this Act shall be liable to the punishment provided for the offence.

Penalty for excise officer making vexatious search, etc. If an excise officer— (a) vexatiously and unnecessarily enters or searches, or causes to be entered or searched, any place under colour of exercising any power conferred by this Act; or (b) vexatioulsy and unnecessarily seizes the moveable propery of any person on the pretence of seizing or searching for any article liable to confiscation under this Act; or (c) vexatiously and unnecessarily searches, arrests or detains any person; or (d) without lawful excuse ceases or refuses to perform or withdraws himself from the duties of his office unless expressly allowed to do so in writing by the Collector of unless he shall have given to his immediate superior officer two months, notice in writing of his intention to do so; he shall be liable to imprisonment for a term which may extent to three months, or with fine which may extend to five hundred rupees, or with both.

Report by investigating officer for instituting proceedings. If on investigation by an officer, empowered under sub- section (1) of section 46, it appears that the offender is not disclosing his true and correct identity or is incapable of furnishing adequate surety/ security or incapable of paying penalty of for any other reasons

All offences punishable under this Act with imprisonment with two years or more, shall be non-bailable and cognizable and the provisions of the Code of Criminal Procedure, 1973 (2 of 1974) with respect to non-bailable and cognizable offences, shall apply to those offences.

Security for appearance in case of arrest without warrant. (1) The State Government may empower any excise officer to grant bail, notwithstanding that such officer is not empowered under section 46. (2) When a person is arrested under this Act, otherwise than on warrant, by a person or officer who is not empowered to grant bail, he shall be produced before of forwarded to (a) the nearest excise officer empowered to grant bail, or (b) the nearest officer in charge of a police station, whoever is nearer. (3) Whenever any person arrested under this Act, otherwise than or a warrant, is prepared to give bail, and is arrested by, or produced in accordance with sub-section (2) before an officer empowered to grant bail, he shall be released upon bail, or, at the discretion of the officer releasing him, on his own bond. (4) The provision of sections 441 to 446 and 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.

Enhanced punishment after previous convinction. Repealed

Cognizance of offences. (1) No Judicial Magistrate shall take cognizance of an offence punishable (a) under section 61 or section 66 on his own knowledge or suspicion or on the complaint or report of an excise officer, or (b) under section 62, section 63, section 63-A, section 64, section 65, section 68 or section 70, except on the complaint or report of the Collector or an excise officer authorized by him in that behalf: Provided that no police officer or constable discharging the functions of an excise officer, shall file a complaint or make the report, set out in clause (a) in regard to the offences of collection, possession and sale of liquor, committed on the premises of a licensed vend, unless authorised to do so, by the Financial Commissioner. (2) Except with the special sanction of the State Government no Judicial Magestrate shall take cognizance of any offence punishable under this Act, unless the prosecution is instituted within a year after the date on which the offence is alleged to have been committed.

Presumption as to commission of offence in certain cases. Whenever any person is found in possession of - (a) any still, utensil, implement or apparatus whatsoever or any part or parts thereof, such as are ordinarily used for the manufacture of any intoxicant other than tari;

Liability of employer for offence committed by employee or agent. The holder of a licence, permit, or pass under this Act as well as the actual offender, shall be liable to punishment, for any offence punishable under section 61, section 62, section 63, section 63-A, section 64 or section 65; committed by any person in his employ or acting on his behalf as if he had himself committed the same, unless he shall establish that all due and reasonable precautions were exercised by him to prevent the commission of such offence Provided that no person other than the actual offender shall be punished with imprisonment except in default of payment of fine.

(1) Whenever an offence punishable under this act has been committed; (a) every intoxicant or excise bottle in respect of swhich such offence has been committed, together with the contents of such bottle, if any; (b) every still, utensil, implement or apparatus and all materials in respect of or by means of which such offence has been committed; (c) every intoxicant or excise bottle lawfully imported, transported, manufactured, had in possession or sold along with, or in addition to, any intoxicant or excise bottle liable to confiscation under clause (a); (d) every receptacle, package and covering in which any intoxicant or excise bottle, materials, still, utensil, implement or apparatus as aforesaid is of are found together with the other contents (if any of such receptacle or package; and (e) every animal, cart, vehicle, vessel, raft or other conveyance except public undertaking vehicles used in carrying such receptacle, package, covering or articles as aforesaid; shall be liable to confiscation: Provided that when it is proved that the receptacles vehicles, animals or other articles specified in clauses (d) and (e) except public undertaking vehicles are not the property of offenders, they shall not be liable to confiscation if the owner thereof establishes that he exercised due diligence to make sure that such offence was not committed. Explanation.― “Public undertaking vehicles” means any vehicle owned/run by- (i) the Central Government or a State Government; (ii) any municipality or any corporation or company owned or controlled by the Central Government o one or more State Governments, or by the Central Government and one or more State Governments, for the purposes of providing transport and goods services. (2) When in the trial of any offence punishable under this Act the magistrate decides that anything is liable to confiscation under sub-section (1), he may order confiscation : Provided that in lieu of ordering confiscation he may give the owner of the thing liable to be confiscated an option to pay such fine as the magistrate thinks fit. (3) When an offence under clause (aaa) of sub-section (1) of section 61 is committed under this Act and the Collector decides that anything is liable to confiscation under sub-section (1), he may order confiscation: Provided that in lieu of ordering confiscation under clause (e) of sub-section (1) the Collector may give the owner of the thing liable to be confiscated and option to pay such penalty as the Collector imposes under section 61 of this Act.

Further provisions for confiscation. When there is reason to believe that an offence under this Act has been committed, but the offender is not known or cannot be found and when any thing or animal liable to confiscation under this Act and not in the possession of any person cannot be satisfactorily accounted for, the case shall be inquired into and determined by the Collector, who may order confiscation: Provided that no such order shall be made until the expiration of one month from the date of seizing the thing or animal in question or without hearing the person (if any) claiming any right thereto; and the evidence (if any) which he produces in support of the claim: Provided further, that if the thing in question is liable to speedy and natural decay, or if the Collector is of opinion that the sale of the thing of animal in question would be for the benefit of its owner, the Collector may at any time direct it to be sold; and the provisions of this section shall, so far as may be, apply to the net proceeds of such sale.

Power of excise officers to compound offences. (1) The Collector may accept from any person who is reasonably suspected of having committed an offence punishable under section 62, section 65 or section 68 of this Act a sum of money by way of composition for such offence; and on the payment of such sum of money to the Collector the accused person is in custody shall be discharged and no futher proceedings shall be taken against him in respect of such offence. (2) The cancellation or suspension of any licence, permit or pass under section 36 (a), (b), or (c) of this Act may be foregone or revoked by and at the sole discretion of the authority having power to cancel or suspend it on payment by the holder of such license, permit or pass of such penalty as such authority may fix. (3) Where any intoxicant has been seized under the provision of the Act, the Collector may, in his discretion, at any time before a Magistrate has passed an order under section 78, sub-section (2), release it on receiving payment of the value therof.

Summary trial. All offences punishable under this Act upto a maximum period of two years, shall be tried summarily, under the Code of Criminal Procedure, 1973.

Savings. Notwithstanding the omission of sections 61-A, 61B and sub-section (4) of section 80 of this Act which were omitted by the Punjab Excise (Haryana Amendment) Act, 2002 (Haryana Act 19 of 2002), such omission shall not affect any investigation, legal proceedings or remedy in respect of any right, privilege, obligation. liability, penalty, forefeiture or punishment and such investigation, legal proceedings or remedy may be instituted, continued or enforced, and any such penalty, forefeiture or punishment may be imposed as of sections 61-A, 61B and sub-section (4) of section 80 had not been omitted.