Chapter I PRELIMINARY

Short title, extent and commencement.

1. (1) This Act may be called the Mizoram Liquor (Prohibition) Act, 2019.
2. (2) It shall extend to the whole of the state of Mizoram, except the three Autonomous District Councils namely, Chakma Autonomous District Council, Lai Autonomous District Council and Mara Autonomous District Council constituted under the Sixth Schedule to the Constitution of India.
3. (3) It shall come into force on such date as the Government may, by notification in the Official Gazette, appoint on this behalf.

Definitions. In this Act, unless the context otherwise requires, –

1. (a) “Act” means the Mizoram Liquor (Prohibition) Act, 2019;
2. (b) “advertisement” includes any digital, printed, cyclostyled, typewritten, hand-written or painted matter or a design or pictorial representation or digital display and also the distribution or display of such matter, design or representation on any medium, digital, wall, building or hoarding in a public place or public display or an announcement by means of producing or transmitting light or sound, whether by cinematographic exhibition, neon signs, digital or otherwise;
3. (c) “Armed Forces” for the purpose of this Act means person under the control of the Army Act, 1950, the Air Force Act, 1950 and the Navy Act, 1957, and includes persons belonging to Indian Coast Guard and Paramilitary forces like Assam Rifles and Special Frontier Force. It also includes personnel of Central Armed Police Forces such as Central Reserve Police Force (CRPF), Border Security Force (BSF), Indo-Tibetan Border Police (ITBP), Central Industrial Security Force
4. (CISF) and Sashastra Seema Bal,

also known as Special Service Bureau (SSB), and it further includes personnel of Border Roads

Organisation(BRO) including officers from the Border Roads Engineering Service

1. (BRES) and personnel from the General Reserve Engineer Force (GREF);
2. (d) “buy” with all its grammatical variations, means any receipt for price paid in cash or in kind, and

includes any receipt by gift, loan or otherwise;

1. (e) “Collector” means a Collector of excise appointed under this Act;
2. (f) “commercial quantity” means any quantity of liquor greater than an intermediate quantity specified by the state Government by notification in the Official Gazette;
3. (g) “Commissioner” means the Commissioner of Excise & Narcotics appointed by the Government;
4. (h) “company” means a body corporate and includes a firm, a licenced vendor or other association of individual;
   • (i) “duty” or “countervailing duty” means the duty of Excise or countervailing duty, as the case may be, mentioned in Entry 51 of List II of the Seventh Schedule to the Constitution of India;

1. (1) “excisable article” means –
   • (i) any liquor for human consumption and spirituous preparations, not being a medicinal prepa- ration or a toilet preparation under the Medicinal and Toilet Preparations (Excise Duties) Act, 1955 (Central Act 16 of 1955) or
   • (ii) any liquor or substance;
   • (j) “excise duty” means revenue collected from any duty, fee, tax, penalty, payment (other than a fine imposed by a court of law) or confiscation imposed, offence compounded, made or ordered under any provision of this Act, or under any other law for the time being in force relating to any excisable article such as any spirit, liquor or alcohol;
   • (k) “excise report” means a report forwarded by Excise & Narcotics officers to a Magistrate under the provision of this Act;
   • (l) “Excise & Narcotics Station” means any Excise & Narcotics Station established by the Govern- ment; it shall include any local area specified by the Government on this behalf;
   • (m) “export” means to take or transport out of the state of Mizoram;
   • (n) “Ex-servicemen” means any person defined as “an ex-servicemen” by the Government of India, Ministry of Personnel, Public Grievances and Pensions and also Ministry of Defence, Department of Ex- servicemen Welfare. It may include any person defined as ex-servicemen by the Government of Mizoram;
   • (o) “Government” means the state Government of Mizoram;
   • (p) “import” means to bring into the state of Mizoram;
   • (q) “intermediate quantity” means any quantity of liquor which falls between small quantity and commercial quantity as specified by the state Government by notification in the official gazette;
   • (r) “liquor” means any liquor used as a beverage, and which, when so used in sufficient quantities, ordinarily or commonly produces entire or partial intoxication; any liquor intended for use as a beverage or capable of being so used, which contains alcohol, either obtained by brewing, fermentation or by the additional process of distillation, in such proportion that it will produce intoxication when consumed in such quantities as may practically be drunk. It includes any liquid containing or consisting of alcohol and any other sub- stance which the Government may, by notification declared to be Liquor for the purpose of this Act; “intoxication” means a state of mind and behaviour which a person is incapable of knowing the nature of his action or judging the consequences thereof and to lose control of their faculties due to consumption of any excisable articles;
   • (t) “manufacture” includes any process by which liquor is produced or prepared, redistillation and any process for the rectification, flavouring, blending, colouring or bottling of liquor;
   • (u) “notification” means Government notification published in the Official Gazette;
     • (v) “nuisance” includes any act, which causes or is likely to cause injury, danger, annoyance or offence to the sense of sight, smell or hearing, or which is or may be dangerous to life or property;
   • (w) “Officer-in-Charge” means the officer in-charge of an Excise Station or an officer appointed for the purpose of supervising the operation in a bonded warehouse;
     • (x) “permit” means any permit issued by the competent authority under this Act;
   • (y) “premises” means a house or a building, together with its land and outbuildings. It also includes the land and buildings owned by someone, especially by a company or organization;
   • (z) “public place” means any place intended for use by the public or accessible to the public;
   • (aa) “Prohibition Council” means such body of officials and non-officials as may be constituted by the Government by notification to be published in the Official Gazette;
   • (ab) “registered medical practitioner” means a person registered under the Indian Medical Council Act, 1956;
   • (ac) “small quantity” means any quantity of liquor specified as small quantity by the state Government

by notification in the official gazette;

1. (ad) “transport” means to move liquor from one place to another within Mizoram.