The Jharkhand Excise Act, 1915
The Jharkhand Excise Act, 1915
Tax1915108 sections
This Act governs the production, bottling, and sale of alcohol and intoxicating drugs throughout the province of Bihar and Orissa. It defines specific terms such as liquor, beer, pachwai, and hemp products to establish what is subject to taxation. The law empowers government officials to collect excise duties and manage the trade of these substances, ensuring revenue generation and public control. By regulating manufacturing processes and the movement of goods, the legislation provides a legal framework for managing the consumption and distribution of these goods within the state.
- 1. Short title, extent and commencement
- 2. Definitions
- 3. Repeal and Savings
- 4. Powers to Declare what shall be deemed to be "country Liquor" and "foreign liquor" respectively
- 5. Definition of "retail" and "wholesale"
- 6. Saving of Certain Acts
- 7. Establishment and delegations, and withdrawal of powers
- 8. Control, appeal and revision
- 9. Restrictions on import
- 10. Restrictions on export or transport
- 11. Power to prohibit, import, export or transport
- 12. Passes for import, export or transport
- 13. License required for manufacture
- 14. Drawing of tari in notified areas
- 15. Establishment of distilleries, breweries, or warehouses
- 16. Licence required for depositing or keeping intoxicant in warehouse or other place of storage
- 17. Payment of duty on removal from distillery, brewery, warehouse or other places of storage
- 18. Possession of intoxicant not obtained from a licensed vendor
- 19. Possession and consumption of intoxicant generally
- 20. Licence required for sale
- 21. Manufacture and sale of liquor in or near cantonments
- 22. Grant of exclusive privilege of manufacture and sale of country liquor or intoxicating drugs or denatured spirit or any other intoxicant
- 22A. The fixation of cost price of country liquor, by the State Government
- 22B. Validating of cost price of country liquor and realisation of warehouse maintenance charges
- 22D. Section 22D
- 22E. Validating of licence Fee
- 22F. Overriding effect of the ordinance
- 22G. Grant of exclusive/ special privilege of manufacture and/or wholesale supply of spiced country liquor
- 23. Transfer of exclusive privilege
- 24. Maintenance and use of measures, weights and instruments by licensed manufacturers and vendors
- 25. Employment of persons under the age of twenty one years or women b y licensed vendors
- 26. Power to close shops temporarily
- 27. Power to impose duty on import, transport and manufacture
- 28. Way of levying such duty
- 29. Payment for grant of exclusive privilege
- 29A. Saving for duties being levied at commencement of the Constitution
- 30. Preparation of list of places for which it is proposed to grant licences for the retail sale of spirit
- 31. Publication of such list
- 32. Time for preparation and publication of such list
- 33. Submission of objections and opinions to Collector
- 34. Grant of licences by Collector and submission of list, objections and opinions to Excise Commissioner
- 35. Finality of decision of Excise Commissioner or Board
- 36. Application of Secs. 30 to 35 to licenses for retail sale of intoxicants other than spirit
- 37. Exemption of certain licences from Secs. 30 to 36
- 38. Fees for, terms, conditions, and form of, and duration of, licences permits & passes
- 39. Power of Board to reduce fees
- 40. Counterpart agreement by licensees, or exclusive privilege and security or deposit
- 41. Technical defects, irregularities and Omissions
- 42. Power to cancel or suspend licence, permit or pass
- 43. Power to withdraw licences
- 44. Surrender of Licence
- 45. Bar of right to renewal and to compensation
- 46. Power of the Collector to take grants under management, or to transfer them
- 47. Penalty for unlawful import, export, transport, manufacture, possession, sale etc.
- 48. Presumption as to offence where possession is not satisfactory accounted for
- 49. Penalty for altering or attempting to alter any denatured spirit
- 50. Presumption as to offence under Sec. 49 in certain cases
- 51. Presumption as to any spirit being, or containing or having been derived from, denatured spirit
- 52. Penalty for adulteration by licensed manufacturer or vendor or his servant
- 53. Penalty for fraud by licensed manufacturer or vendor or his servant
- 54. Penalty for certain unlawful acts of licensed vendors or their servants
- 55. Section 55
- 56. Penalty for consumption in chemist's shop, etc.
- 57. Penalty for certain acts by licensee or his servant
- 58. Import, export, transport, manufacture, sale or possession by one person on account of another
- 59. Criminal liability of licensee for acts of servant
- 60. Imprisonment under Sec. 58 or Sec. 59
- 61. Penalty on Excise Officer making vexatious search, seizure detention, or arrest, or refusing duty or being guilty of cowardice
- 62. Penalty for offences not otherwise punishable
- 63. Penalty for contempt of Court
- 64. Penalty for attempt to commit or abet the commission of the offence
- 65. Enhanced punishment after previous conviction
- 66. What things are liable to confiscation
- 67. Confiscation by Magistrate or Collector
- 68. Power to compound offences and to release property liable to confiscation
- 69. Power to enter and inspect, and power to test and seize measures etc.
- 70. Power to arrest without warrant, to seize articles liable to confiscation and to make searches
- 71. Power of Collector to issue warrant of arrest
- 72. Power to Issue search warrant
- 73. Power of Collector or Magistrate to arrest or search without issue of warrant
- 74. Power to search without a warrant
- 75. Information and aid to Excise Officers
- 76. Duty of owners and occupiers of land and other, persons to give notice of the unlicensed manufacture
- 77. What Excise Officers may investigate Offences
- 78. Powers and duties of Excise Officers investigating offences
- 79. Security and bail
- 80. Production of articles seized and persons arrested
- 81. Custody by police of articles seized
- 82. Reports of arrests, seizures and searches
- 83. Executing of Collector's warrant
- 84. Maximum period of detention
- 85. Application of certain provisions of Code of Criminal Procedure, 1973
- 86. Magistrate having jurisdiction to try offences
- 86A. Scales of punishment from the date of publication of this Act
- 87. Initiation of certain prosecution
- 88. Bar to transfer of trial on application of accused
- 89. Power of State Government to make rules
- 90. Power of the Board to make rules
- 91. Power of Board exercisable from time to time
- 92. Publication and effect of rules and notifications
- 93. Recovery of dues
- 94. Power of the State Government to exempt intoxicants from provisions of the Act
- 95. Bar of Certain Suits
- 96. Limitation of suits and prosecutions
- 97. Bar to application of Section 261 of the Bengal Municipal Act, 1884
- 98. Bengal Act, V of 1909 to cease to be in force, but orders, rules etc. made and licences etc. granted there under to continue
- 99. EXTRACTS OF AMENDING ACTS
- 100. THE BIHAR PROHIBITION OF INTOXICANTS ORIDNANCE, 1979
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