Chapter IV Chapter IV

Grant of Licences and Permits

General conditions 26. All licences and permits granted under this Act shall be in such form and shall be subject to such conditions as may be prescribed and shall be granted on payment of the prescribed fee; Provided that every licence or permit shall be granted only on the condition that the person applying undertakes, and in the opinion of the officer authorised to grant the licence or permit is likely to abide by all the conditions of the licence or permit and the provisions of this Act.

Health precautions 27. Notwithstanding anything herein before contained, the Government may prescribe the conditions under which permits may be issued by the authority for possession or consumption of liquor on health ground on the basis of the prescription made by a Registered Medical Practitioner.

Holder of a permit authorised to buy liquor 28. The holder of a permit for consumption of liquor on health ground shall directly purchase the liquor only from the Departmental Store established by the Government on the basis of the permit or authorization obtained by him from the permit issuing authority on payment of duty and fee as may be prescribed by the Government under section 30 of this Act.

Special permit to Foreign Potables etc. 29. The Government may grant such permit on such conditions and for such period as may be specified for the use and consumption of liquor to any person who is-

1. (a) a sovereign or head of a foreign country;
2. (b) an ambassador, diplomatic envoy or Consul, Honorary Consul, Trade, Commerce or other representatives of a foreign country;
3. (c) a member of the staff appointed by or serving under any person specified in clause
4. (a) or (b) provided that such member is a national of a foreign country;
5. (d) a tourist from foreign or other part of the country, and
6. (e) the consort of any person specified in clauses
7. (a) and (b), or
8. (c) or any relation of such person dependent upon him, and
9. (f) any foreign national employed in or otherwise engaged in any firm or any other concern in Mizoram.

Armed Forces posted in Mizoram to procure liquor from Canteen Stores and Canteens on payment of duty 30. The Commissioner, or any other officer duly authorised by him may grant a licence and or a permit to the Armed Forces posted in Mizoram to procure liquor from Canteen Stores and Canteens and for transporting the same into Mizoram for sale and consumption in their Messes and Canteens on payment of excise duty and fee as may be prescribed by the Government from time to time by issuing Notification in the Official Gazette.

Condition for grant of permit 31. Notwithstanding anything herein before contained, the Government may prescribe the conditions under which permits may be issued for the use or consumption of liquor to persons on the following amongst other conditions --

1. (a) that such person is not below 21 years;
2. (b) that such person actually requires for improvement or restoration of his health or to relieve him from some ailment; or
3. (c) that such person belongs to any of the armed forces.

Permit Issuing Authority 32. The Commissioner or any other officer duly authorised by him may grant permit to-

1. (a) any person having prescription from Registered Medical Practitioner for purchase and consumption of liquor on health ground;
2. (b) any Hospital, Dispensary or Institution for the import of different kinds of spirits for a bonafide medicinal, scientific or industrial purpose:

Power to cancel or suspend Licence or Permit Power to cancel or suspend Licence or Permit 33.

1. (1) The authority granting any licence or permit under this Act may cancel or suspend the same if-
   • (a) any duty or fee payable by the holder thereof has not been paid;
   • (b) there is a breach of any of the terms and conditions of the licence or permit by the holder thereof or by his agent, or by any one acting on his behalf with his express or implied permission;
   • (c) the holder thereof is convicted for an Offence punishable under this Act, the Mizoram Excise Act in force or the Narcotic Drugs and Psychotropic Substance. Act, 1985;
   • (d) the licence or permit has been obtained through wilful misrepresentation or fraud provided that the conditions of licence, or permit provided for such cancellation.
2. (2) No person to whom a licence or permit has been granted under this Act shall have any claim for compensation for the cancellation or suspension of his permit under this Act or to the refund of any amount paid or deposited relating thereto.
3. (3) Any holder of licence or permit for denatured spirit or liquor granted and covered under this Act, may surrender his licence or permit, as the case may be, on expiration of one month's notice given by him to the officer granting it of his intention to surrender the same and on payment of the fee payable for the licence or permit for the whole period for which it would have subsisted but for such surrender.
4. (4) No person to whom a licence or permit has been granted under this Act shall have any claim for the renewal of such licence or permit or any claim to compensation on the termination thereof.

Right, title or interest under licence or permit not liable to be sold, or attached in execution 34. Notwithstanding anything contained in any law for the time being in force, no right, title or interest in any licence, permit or authorisation granted under this Act, shall be liable to be sold, transferred or attached in execution of any process of any civil or any other Court.

1. (1) Notwithstanding the fact that the period during which any licence or permit is to be in force has not expired, and the holder of the licence or permit breaches any of the terms and conditions of the licence or permit, the Commissioner may require the holder thereof to dispose of his stock of liquor, denatured spirit or its preparation, before such date as may be specified in the order.
2. (2) The Commissioner may also require the owner of the stock of any liquor, denatured spirit or its preparation, who does not renew his licence or permit as required by the Rules made under this Act for such stock to dispose off the said stock before such date as may be specified in the order and owner shall comply with the order.
3. (3) Any stock of liquor, denatured spirit or its preparation left undisposed after the date so fixed under sub-section
4. (2) shall, together with receptacles or packages in which it is contained, be liable to forfeiture to the Commissioner. On the cancellation or the expiry of the period of any licence or permit, the Commissioner may also direct that any stock of any liquor, denatured spirit or its preparation remaining with the holder of the licence or permit together with receptacles or packages thereof be forfeited to the Government.
5. (4) No direction or order under sub-section (1),
6. (2) or
7. (3) shall be made unless the person likely to be adversely affected by such direction or order is given reasonable opportunity of being heard, and the reasons are recorded in writing by the Commissioner.

1. (1) In the event of any breach by the holder of any licence, permit or authorisation granted under this Act or by his servants or by any person acting with his express or implied permission on his behalf of any of the terms or conditions of such licence, permit or authorisation such holder shall, in addition to the cancellation or suspension of the licence, permit or authorisation granted to him, be punishable with imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees or with both unless it is proved that all due and reasonable precautions were exercised by him to prevent such a breach.
2. (2) Any person who commits any breach shall, whether he acts with or without the permission of the holder of the licence, permit or authorisation, be liable to the same punishment.

Any person who maliciously and falsely gives information to any person exercising powers under this Act leading to a search, seizure, detention or arrest shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both.

Whoever contravenes any provision of this Act or any rule or order made, or any condition of any licence, permit or authorisation issued thereunder for which no punishment is separately provided in this Act, shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees, or with both.

Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), or any other law for the time being in force, no sentence awarded under this Act shall be suspended or remitted or commuted.

1. (1) In any prosecution for an offence under this Act which requires a culpable mental state of the accused, the Court shall presume the existence of such mental state but it shall be the responsibility of the accused to prove the fact that he had no such mental state with respect to the act charged as an offence in that prosecution. Explanation: In this section, "Culpable mental state" includes intention, motive, knowledge of a fact and belief in or reason to believe, a fact.
2. (2) For the purpose of this section, a fact is said to be proved only when the Court believes it to exist beyond a reasonable doubt and not merely when its existence is established by a preponderance of probability.

1. (1) In trial under any of the provisions of this Act, it shall be presumed without further evidence, until the contrary is proved, that the accused person has committed an offence under this Act in respect of liquor, or any still, barrel, pot, tin, utensil, implement or apparatus, whatsoever for the manufacture of liquor or any materials which have undergone any process towards the manufacture of any liquor has been manufactured for the possession of which he is unable to account satisfactorily.
2. (2) Where in any trial for an offence of manufacture of liquor and using a still, barrel, tin or pot for such purpose in contravention of the provisions of this Act, it is proved that the accused person was present by the side or within the vicinity of the still, barrel, pot or tin while it was working or that he was the owner or occupier having the care, wherein such still, barrel, pot or tin was used, then the burden of proving that the accused person had not used, or had not abetted in using the still, barrel, pot or tin for manufacturing liquor shall be on the accused person and the Court shall, in the absence of such proof presume to the contrary.

1. (1) Where an offence under this Act has been committed by a company, every person who at the time the offence was committed was in charge of, or was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment under this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
2. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed with the consent or connivance of, or is attributable to, any negligence on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation: For the purpose of this section-
   • (a) "company" means any body corporate and includes a firm or other association of individuals; and
   • (b) "Director" in relation to a firm, means a partner in the firm.

If any person, after having been previously convicted of an offence punishable under any of the provisions of this Act subsequently commits and is convicted of an offence punishable under any of these sections, he shall be awarded punishment to twice the punishment which might be imposed on a first conviction under this Act.

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

Whoever abets an offence punishable under this Act shall, whether such offence be or be not committed in consequence of such abetment, be punished with the punishment provided for the offence.

Whenever an offence punishable under this Act has been committed, the following things shall be liable to confiscation, namely-

1. (a) the liquor, still, utensils, implement, apparatus or materials in respect of or by means of which such offence has been committed;
2. (b) any newspaper, news-sheet, book, leaflet, booklet, magazine or any other single or periodical publication containing any advertisement of liquor or of any preparation fit for use as liquor published in the State of Mizoram;
3. (c) the receptacles, packages and coverings in which anything liable to confiscation under clauses
4. (a) and
5. (b) is found and the other contents, if any, of such receptacles and packages; and
6. (d) the animals, carts, vessels, rafts, vehicles or other conveyances used in carrying anything referred to in the foregoing clauses: Provided that no animal, cart, vessels, rafts, vehicles or other conveyances as specified in clause
7. (b) shall be liable to confiscation in case the owner thereof is able to prove that he has not been implicated in the commission of the offence; Provided further that in exceptional circumstances and for reasons to be recorded in writing, the Court may order the owner of such animal, cart, vessel, rafts, vehicle or other conveyance to pay a fine as it deems fit in lieu of confiscation of such animal, cart, vessel rafts, vehicle or other conveyance as the case may be. Explanation : For the purposes of this section "owner" includes, in relation to any animal, cart, vessel, rafts or other conveyance,-
8. (a) which is in the possession of a minor, the guardian of such minor,
9. (b) which is the subject of a hire purchase agreement, the person in possession thereof under the agreement.

When, in any case tried by a Court, the court decides that any thing is liable to confiscation under section 46 of this Act, it shall order such thing to be confiscated and placed at the disposal of the Commissioner.

When an offence under this Act has been committed and the offender is not known or cannot be found or when anything liable to confiscation under this Act is found or seized the Commissioner, or the Collector or any other Excise Officer duly authorised by the Commissioner in this behalf may make an inquiry and if, after such inquiry, he is satisfied that an offence has been committed, may order such thing found to be confiscated: Provided that no such order shall be made before the expiry of one month from the date of seizure, or without hearing the person if any, who claim any right thereto and the evidence, if any, which he produces in support of his claim.

1. (1) Whenever any person is convicted of an offence punishable under this Act, the Court convicting such person may, at the time of passing the sentence on such person, order him to execute bond for a sum proportionate to his means with or without sureties to abstain from the commission of offences punishable under the provisions of this Act during such period not exceeding three years as it may direct.
2. (2) The bond shall be in such form as may be provided under the provisions of the Code of Criminal Procedure, 1973 (2 of 1974) and the provisions of the said Code shall, in so far as they are applicable, apply to all matter connected with such bonds as if it were a bond to keep the peace ordered to be executed under section 106 of the said Code.
3. (3) If the conviction is set aside on appeal the bond so made shall become void.