THE HIMACHAL PRADESH EXCISE ACT, 2011

The Himachal Pradesh Excise Act, 2011

Tax201183 sections

This Act governs the production, sale, and transportation of alcohol within the state of Himachal Pradesh. It establishes strict rules for licensing manufacturers, retailers, and transporters to ensure comprehensive control over the liquor trade. By regulating these activities, the government aims to generate revenue through excise duties while preventing the misuse of intoxicating substances. The law applies to anyone involved in the brewing, bottling, or distribution of liquor, ensuring that all operations comply with state regulations to maintain public order and health standards.

  1. 0. Preamble
  2. 1. Short title
  3. 2. Definitions
  4. 3. Country liquor and foreign liquor
  5. 4. Power to limit application of notifications, license etc. issued
  6. 5. Financial Commissioner and Collector
  7. 6. Other classes of Excise Officers and their powers and jurisdiction
  8. 7. Persons appointed under this Act to be public servants
  9. 8. Power to enter and inspect
  10. 9. Power to investigate
  11. 10. Powers of Excise Officer to search, seize etc.
  12. 11. Powers of Magistrate to issue warrant for search or arrest
  13. 12. Powers of Excise Officers to obtain information
  14. 13. Police Officers to aid Excise Officers etc. and to take charge of articles seized
  15. 14. Power to close liquor vends
  16. 15. Prohibition of manufacture of liquor except under this Act
  17. 16. Establishment or licensing of distilleries, breweries winery or warehouse
  18. 17. Prohibition of removal of liquor manufactured or stored in a distillery, brewery or warehouse etc.
  19. 18. Prohibition of possession of liquor
  20. 19. Possession of unused and printed labels, corks, etc. by certain person to be punishable
  21. 20. Prohibition of possession of liquor un-lawfully manufactured, imported, transported etc.
  22. 21. Prohibition of import, export or transport of liquor
  23. 22. Power of the State Government to prohibit or permit import, export or transport of liquor
  24. 23. Prohibition of sale etc. of liquor
  25. 24. Prohibition of sale etc. of adulterate liquor
  26. 25. Power of the State Government to declare limit of sale of liquor by retail and by whole sale
  27. 26. Prohibition of sale to minor or his employment.
  28. 27. Grant of leases of manufacture, sale etc.
  29. 28. Fees and other conditions for grant of licenses, permits and passes.
  30. 29. Power to cancel or suspend licenses etc.
  31. 30. Power to cancel any other license and to recover fee.
  32. 31. No compensation or refund claimable for cancellation or suspension of license etc.
  33. 32. Power to withdraw license etc.
  34. 33. Technical irregularities in license etc.
  35. 34. No claim in consequence of refusal to renew a license etc.
  36. 35. Surrender of license.
  37. 36. Excise duty and countervailing duty.
  38. 37. Manner in which duty be levied.
  39. 38. Payment for grant of leases.
  40. 39. Penalty for unlawful production, manufacture, possession, import, export, transport, sale etc.
  41. 40. Penalty for rendering or attempting to render denatured spirit fit for human consumption.
  42. 41. Penalty for mixing noxious substance with liquor.
  43. 42. Payment of compensation.
  44. 43. Penalty for certain acts by licensee or his servant.
  45. 44. Penalty for fraud by licensed manufacturer or vendor or his servant.
  46. 45. Penalty for consumption of liquor in chemist’s shop.
  47. 46. Penalty for consumption of liquor in public places.
  48. 47. Penalty for offences not otherwise provided for.
  49. 48. Manufacture, sale or possession by one person on account of another.
  50. 49. Enhanced punishment for certain offences after previous conviction.
  51. 50. Attempt to commit or abet offences punishable.
  52. 51. Procedure relating to arrests, searches etc.
  53. 52. Report by investigating officer for institution of proceedings.
  54. 53. Offences to be bailable etc.
  55. 54. Security for appearance in case of arrest without warrant.
  56. 55. Cognizance of offences.
  57. 56. Presumptions in prosecutions under this Act
  58. 57. Liability of employer for offence committed by the employee or agent.
  59. 58. Relevancy of statements under certain circumstances.
  60. 59. Penalty for any excise officer making vexatious search, seizure, detention or arrest
  61. 60. Confiscation of article in respect of which offence committed
  62. 61. Inspection and seizure of vehicle, conveyance and liquor liable to confiscation
  63. 62. Confiscation of vehicle or conveyance by Excise Officer in certain cases
  64. 63. Issue of show cause notice before confiscation under section 62
  65. 64. Penalty in lieu of confiscation
  66. 65. Disposal of seized liquor during the pendency of trial
  67. 66. Composition of offences by the Collector
  68. 67. Composition of certain other offences
  69. 68. Appeal
  70. 69. Revision
  71. 70. Bar of certain proceedings
  72. 71. Power to recover license fee etc.
  73. 72. Power of Collector to take grants under his management or resell and recover deficiency
  74. 73. Excise revenue to be first charge and recoverable as arrears of land revenue
  75. 74. Measures, weights and testing instruments
  76. 75. Power to exempt
  77. 76. Delegation of powers.
  78. 77. Power to regulate advertisement.
  79. 78. Establishment of check posts or barriers.
  80. 79. Protection of action taken in good faith.
  81. 80. Powers of the State Government to make rules.
  82. 81. Powers of Financial Commissioner to make rules.
  83. 82. Repeal and savings

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