Bare Act
The Sikkim Excise Act, 1992
The Sikkim Excise Act, 1992 regulates the import, export, transport, manufacture, sale, and possession of alcoholic liquor and intoxicants within the state of Sikkim. It applies to commercial manufacturers, distributors, retail vendors, chemists, and individual consumers across the state. The legislation establishes a framework for issuing licenses, levying excise duties, and creating designated warehouses and distilleries. It also sets age restrictions on purchasing alcohol or working in liquor establishments, prohibits sales near schools and hospitals, and empowers excise officers to conduct inspections, searches, and arrests. By standardizing excise revenue collection and curbing illegal trade, this law protects public health and maintains public order.
- 1. Short title, extent and commencement
- 2. Definitions
- 3. Power to declare what shall be deemed to be "country liquor" and "Foreign liquor" respectively
- 4. Wholesale and retail sale
- 5. Appointment of Officers and conferment, delegation of powers
- 6. Restrictions on import
- 7. Restriction on export or transport
- 8. Power to prohibit import, export or transport
- 9. Passes for import, export and transport
- 10. Licence required for manufacture and sale of excisable articles
- 11. Power of Excise Commissioner to grant licence, withdraw and cancel licence
- 12. Establishment of distilleries, breweries and warehouses
- 13. Licence required for depositing or keeping excisable article or intoxicant in warehouse or other place of storage
- 14. Payment of duty on removal from distillery, brewery, warehouse or other place of storage
- 15. Manufacture and sale of liquor in or near cantonments
- 16. Prohibited sites for liquor shops
- 17. Grant of exclusive privilege of manufacture and sale of country liquor
- 18. Transfer of exclusive privilege
- 19. Maintenance and use of measures, weights and instruments by licensed vendors and manufacturers
- 20. Prohibition of sale to persons apparently under the age of eighteen years
- 21. Prohibition of employment of persons under the age of eighteen years and of woman
- 22. Power to close shops temporarily
- 23. Power to impose duty on import, export and transport and manufacture
- 24. Ways of levying such duty
- 25. Payment for grant of exclusive privilege
- 26. Duty of duty on non-excisable articles and articles produced outside India
- 27. Terms and conditions, fee and form of, and duration of licence, permit and pass
- 28. Power to cancel or suspend licence, permit or pass
- 29. Power to withdraw licence, permit or pass
- 30. Counterpart agreement by licensee and security or deposit
- 31. Technical irregularities in licence
- 32. Surrender of licence to sell by retail
- 33. No right of renewal and compensation
- 34. Penalty for manufacturing any intoxicant or constructing distillery, etc.
- 35. Penalty for altering or attempting to alter denatured spirit
- 36. Penalty for adulteration by licensed manufacturer or his servant
- 37. Penalty for fraud by licensed manufacturer or vendor or his servant
- 38. Penalty for offences by licensed vendors or their servants
- 39. Penalty for possession of intoxicant in respect of which an offence has been committed
- 40. Penalty for consumption in chemist's shop etc.
- 41. Penalty for rendering denatured spirit fit for human consumption
- 42. Penalty for failure to produce licence etc., by licensee or his servant
- 43. Penalty for contravention of the provisions of the Act, rules and conditions of licence
- 44. Import, export, transport, manufacture, sale or possession by one person on account of another
- 45. Criminal liability of licensee for acts of servants
- 46. Imprisonment under section 44 or 45
- 47. Penalty on Excise Officer making vexatious search, seizure, detention, arrest or refusing duty, or being guilty of cowardice
- 48. Penalty for offences not otherwise punishable
- 49. Penalty for attempt to commit offence
- 50. Enhanced punishment after previous conviction
- 51. Things liable to confiscation
- 52. Offences by companies
- 53. Penalty for security for abstaining from commission of certain offences
- 54. Penalty for abetment
- 55. Penalty for selling to persons under eighteen years, or employing persons under eighteen years of age or women on premises
- 56. Further provision for confiscation
- 57. Power to compound offences
- 58. Power to enter and inspect, and power to test and seize measures
- 59. Power to arrest without warrant, to seize articles liable to confiscation and to make searches
- 60. Power to issue warrant of arrest
- 61. Power to issue search warrant
- 62. Power of the Magistrate to arrest or search without issuing warrant
- 63. Power of Excise Officer to search without a warrant
- 64. Information and aid to Excise Officers
- 65. Power of the Excise Commissioner and certain Excise Officers to investigate offences
- 66. Powers and duties of officers of the Excise Department
- 67. Production of articles seized and persons arrested
- 68. Custody by police of articles seized
- 69. Custody of seized articles
- 70. Report of arrest, seizures and searches
- 71. Execution of warrant
- 72. Maximum period of detention
- 73. Magistrate having jurisdiction to try offences
- 74. Initiation of certain prosecutions
- 75. Bar to transfer of trial on application of accused
- 76. Power of Government to make rules
- 77. Further power of Government to make rules
- 78. Recovery of dues
- 79. Power of Government to exempt intoxicants from provisions of Act
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