Keywords : Beer, Abu Area, Denatured Spirituous Preparation, Excisable Article, Excise Duty, Excise Revenue, Export, Fermented Liquor, Intoxicating Drug, Lanced Poppy Heads, Manufacture, Molasses, Pachawai, Spirit, To Bottle
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THE RAJASTHAN EXCISE
ACT, 1950
(As amended upto 25-07-2006)
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THE RAJASTHAN EXCISE ACT, 1950
(Act No. 2 of 1950)
CHAPTER I
Preliminary
- Short title, extent and commencement.- (1) This Act may be
called The Rajasthan Excise Act, 1950.
(2) It extends to the whole of the State of Rajasthan.
(3) It shall come into force on such date as the State Government may, by
notification in the Official Gazette, appoint in that behalf. - [Omitted].
- Definitions. – In this Act unless there is something repugnant in the
subject or context-
(1) “Beer” includes ale, stout, porter and all other fermented liquors made
from malt;
(2) “Abu area” means the territory comprised in the Abu Road taluka of
Banaskantha district in the State of Bombay as it existed immediately before the
first day of November, 1956;
(3) “Denatured” means mixed with such substance and by such process
as may be prescribed under Section 42 in order to render any spirit unfit for
human consumption whether as a beverage or as a medicine or in any other way
whatsoever;
(3-A) “Denatured spirituous preparation” means any preparation of
denatured spirit or alcohol and includes liquors, French polish and varnish
prepared out of such spirit or alcohol;
(4) “Excisable Article” means and includes-
(i) Spirit, fermented liquor or any alcoholic liquor for human
consumption or denatured spirit or denatured spirituous
preparation, or
(ii) Any intoxicating drug, or
(iii) Stills or other appliances for distillation, or
(iv) Fermented wash or other material for distillation, or
(v) Any other article which the State Government may, from time
to time declare to be an excisable article for the purposes of this
Act.
(vi) Heritage liquor.
(5) “Excise Commissioner” means the Excise Commissioner
appointed by the State Government under this Act.
(6) “Excise Duty” means any duty of excise imposed by or under
this Act on excisable articles manufactured or produced in those parts of the
State of Rajasthan to which this Act extends;
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(7) “Excise Officer” means any officer or person other than the Excise
Commissioner appointed under Section 9 or invested with powers of an Excise
Officer under this Act;
(8) “Excise Revenue” means revenue derived or derivable from any
payment, duty, fee, tax fine (other than a fine imposed by a Court of law) or
confiscation imposed or ordered under the provisions of this Act or of any other
law for the time being in force relating to liquor or intoxicating drugs;
(9) “Export” Means to take out of those parts of the State of Rajasthan
to which this Act extends;
(10) “Fermented liquor” means wine, Pachari (Pachawai) and
fermented Tari, and any other liquor that may from time to time be declared by
the State Government to be fermented liquor;
(11) [Omitted]
(12) [Omitted]
(13) “Import” means to bring into those parts of the State of Rajasthan to
which this Act extends;
(14) “Intoxicating drug” means-
(i) the leaves, small stalks and flowering or fruiting tops of the
hemp plant (Cannabia Sativa) including all forms known as Bhang,
Sidhi or Ganja);
(ii) charas, that is, the resin obtained from the hemp plant, which
has not been submitted to any manipulations other than those
necessary for packing and transport;
(iii) any mixture, with or without neutral materials, of any of the
above forms of intoxicating drug, or any drink prepared therefrom;
and
(iv) any other intoxicating or narcotic substance which the State
Government may declare, by notification in the Official Gazette, to
be an intoxicating drug, such substance not being opium, coca leaf
or a manufactured drug as defined in the Dangerous Drugs Act,
1930 (Central Act 2 of 1930);
(l4-A) “Lanced Poppy Heads” means the capsules of the opium poppy
plant whether in their original form or cut, crushed or powdered, from which
juice has been extracted.
(15) “Liquor” means intoxicating liquor and includes spirit of Wine,
Spirit, Heritage Liquor, Wine, Tari, Pachawar, Beer and all liquid consisting of,
or containing alcohol, as also any substance which the State Government may
from time to time by notification in the Official Gazette declare to be liquor for
the purposes of this Act;
(16) “Magistrate” means any Magistrate of the first class;
(17) “Manufacture” includes every process, whether natural or artificial,
by which any excisable article is produced or prepared wholly or partly and also
reinstallation and every process for the rectification, reduction, flavoring,
blending or coloring of liquor;
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(17-A) “Molasses” means the mother liquor produced in the final stage
of the manufacture of sugar or Khandsari sugar by the vacuum pan process or
open pan process from sugarcane or gur;
(18) “Pachawai” means fermented rice, millet or other grain whether
mixed with any liquid or not and any liquid obtained therefrom whether diluted
or undiluted;
(19) “Place” includes a house, building, shop, room, booth, tent, vessel,
boat, raft and enclosure;
(20) “Sale” with its grammatical variations includes any transfer
otherwise than by way of gift;
(21) “Spirit” means any liquor containing alcohol obtained by
distillation, whether it is denatured or not;
(21-A) “State” or “State of Rajasthan” means the new State of
Rajasthan as formed by Section 10 of the State Reorganization Act, 1956
(Central Act 37 of 1956);
(21-B) “Still” includes any part thereof, and any other apparatus for
distillation or manufacture of spirit;
(22) “Tari” means fermented or unfermented juice drawn form any kind
of palm tree;
(23) “To bottle” means to transfer from a cask or other vessel to a bottle,
jar, flask or other receptacle for the purpose of sale, whether any process of
manufacture or rectification be employed or not, and bottling includes
rebottling:
(24) “Tola” means a weight of 180 grams troy or 11.638 grams: and
(25) “Transport” means to move from one place to another within those
parts of the State of Rajasthan to which this Act extends. - Power of State Government to declare what is to be deemed
“liquor”. – (l) The State Government may, by notification in the Official
Gazette, declare any substance to be “liquor” for the purposes of this Act or any
portion thereof.
(2) The State Government may, in like manner and for the like
purposes, declare what shall be deemed to be “Country Liquor” and ‘Foreign
Liquor” respectively. - Power of State Government to declare limit of sale by retail. (1)
The State Government may, by notification in the Official Gazette declare with
respect either to all the territories of the State of Rajasthan to which this Act
extends or to any local area comprised therein and as regards purchasers,
generally or for any specified class of purchasers, generally or for any occasion,
what quantity of any excisable article shall, for the purposes of this Act be the
limit of sale by retail.
(2) The sale of any excisable article in any quantity in excess of the
quantity declared in respect thereof under Sub-section (1) as the limit of sale by
retail shall be deemed to be sale wholesale.
5 - Possession by wife, clerk or servant.- When any excisable article is in
the possession of a person’s wife, clerk or servant on account of that person, it
shall, for the purpose of this Act, be deemed to be in the possession of that
person.
Explanation.- A person employed temporarily or on a particular occasion
in the capacity of a clerk or, servant is a clerk or servant within the meaning of
this section. - Saving of enactment relating to customs.- Nothing contained in this
Act shall affect the provisions of any law relating to customs for the time being
in force or any rule or order to be thereunder.
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CHAPTER II
Control and Establishment - Control of the Excise Department.- (l) The control of the
administration of the Excise Department shall, subject to the directions of the
State Government vest in the Excise Commissioner. - Appointment of Commissioner and Excise Officers.- (1) The
State Government shall appoint an Excise Commissioner and may appoint as
many Additional Excise Commissioners as may be deemed necessary, for the
whole of those parts of the State of Rajasthan to which this Act extends.
(1-A) The State Government may also appoint such and so many
other persons, as it thinks fit and necessary to be:-
(i) Deputy Excise Commissioners in-charge of divisions,
(ii) District Excise Officer in charge of district, and
(iii) Other inferior Excise Officers.
(1-B) The State Government may prescribe duties and powers to be
performed and exercised by each officer or class of officers appointed under
Sub-sections (1) and (1-A).
(2) The State Government may delegate to the Excise Commissioner such
powers of the State Government conferred by this Act, as it may specify, except
the power to make rules thereunder.
(3) The State Government may also authorise the Excise Commissioner
to delegate to any of his subordinate officers such of his powers under this Act
as may be specified.
9-A. Appeals and Revision.- (1) An appeal shall lie-
(a) to the Excise Commissioner from any order passed by an Excise
Officer under this Act, and
(b) to the Division Bench of the Board of Revenue established under
the provisions of Rajasthan Land Revenue Act, 1956 (Rajasthan
Act 15 of 1956) from any order passed by the Excise
Commissioner under this Act otherwise than on appeal:
Provided that no appeal shall be entertained unless it is accompanied by a
satisfactory proof of payment of 75% of the amount of the demand created by
the order appealed against.
(2) Any appeal under Sub-section (1) may be preferred at any time
within sixty days from the date of the order complained of.
(3) The decision of the Excise commissioner or the Board of Revenue as
the case may be, on such appeal shall, subject to the result of revision, if any,
under Sub-section (4), be final.
(4) The Division Bench of the Board of Revenue may revise any order
passed on appeal by the Excise Commissioner.
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(5) Any revision under Sub-section (4) may be preferred at any
time within thirty days from the date of the order complained of.
9-B. Bar of jurisdiction of Civil Courts.- No civil Court shall have
jurisdiction to entertain any suit or proceeding to set-aside or modify:
(a) any original order passed by an officer competent to do so
under the provision of the Act, or
(b) any order passed under, or referred to in Section 9-A. - Appointment of officers and conferring powers.- (1) The State
Government may-
(a) empower any officer to perform the acts and duties mentioned in
Chapter VIII, and
(b) order that all or any of the powers and duties assigned to an
officer of the Excise Department under this Act shall, subject to
the provisions thereof, be exercised and performed by any
officer other than an officer of the Excise Department or by any
other person.
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CHAPTER III
Import, Export and Transport - Import of excisable article. – No excisable article shall be imported
unless:-
(a) the State Government has given permission, either general or
special, for its import;
(b) such conditions (if any) as the State Government impose, have
been satisfied, and
(c) the duty (if any) imposed under Section 28 has been paid or a
bond has been executed for the payment thereof. - Export and Transport of excisable article.- No excisable article
shall be exported or transported unless –
(a) the duty (if any) imposed under Section 28 has been paid or a
bond has been executed for the payment thereof, and
(b) such conditions (if any) as the State Government may impose,
have been satisfied. - Power of State Government to prohibit, import, export and
transport of excisable article.- The State Government may, by notification in
the Official Gazette: –
(a) prohibit the import or export of any excisable article into or from the
territories to which this Act extends or any part thereof;
(b) prohibit the transport of any excisable article. - Passes necessary for import export and transport.- No excisable
article exceeding such quantity as the State Government may prescribe by
notification in the Official Gazette either generally for all the territories of the
State of Rajasthan to which this Act extends or for any local area comprised
therein shall be imported, exported or transported except under a pass issued
under the provisions of the next following section:
Provided also, unless the State Government shall otherwise
direct, that no pass shall he required for transport of any excisable article or
intoxicating drug exported under a pass issued by an officer duly authorised in
this behalf from any place beyond the limits of those parts of the State of
Rajasthan to which this Act extends to any other place beyond the said limits. - Grant of passes for import, export and transport.-(1) Passes for the
import, export or transport of excisable article may be granted by the Excise
Commissioner or by an Excise Officer duly empowered in this behalf subject to
such restrictions as the State Government may impose in this behalf from time
to time.
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(2) Such passes may either be general for definite periods and kinds of
articles or drugs or special for specified occasions or particular consignments
only.
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CIIAPTER IV
Manufacture, Possession and Sale - Manufacture of excisable article prohibited except under the provisions
of this Act.- (l) (a) No excisable article shall be manufactured,
(b) no hemp plant (Cannabis Sativa) shall be cultivated,
(c) no portion of the hemp plant (Cannabis Sativa) from which
intoxicating drug can be manufactured shall be collected,
(d) no liquor shall be bottled for sale,
(e) no Tari producing tree shall be tapped,
(f) no Tari shall be drawn from any tree, and
(g) no person shall use, keep or have in his possession any materials,
still, utensil, implement, instrument or apparatus whatsoever for
the purposes of manufacturing any excisable article,
except under the authority and subject to the terms and conditions of a
Licence granted in that behalf by the Excise Commissioner or by an Excise
Officer duly empowered in this behalf.
(2) No distillery, brewery or pot-still be constructed or worked except
under the authority and subject to the terms and conditions of a licence granted
in that behalf by the Excise Commissioner. - Establishment or licensing of distilleries and warehouses.- Subject
to such restrictions or conditions as the State Government may impose, the
Excise Commissioner may-
(a) establish a distillery or pot-still in which spirit may be
manufactured under a Licence granted under this Act;
(b) discontinue any distillery or pot-still so established;
(c) Licence the construction and working of a distillery or pot-still or
brewery on such conditions as the State Government may
impose;
(d) establish or Licence a warehouse wherein any excisable article
may be deposited and kept without payment of duty; and
(e) discontinue any warehouse so established. - Removal of excisable article from distillery etc.- No excisable article
shall be removed from any distillery, brewery pot-still, warehouse or other place
of storage established or licensed under this Act unless the duty (if any) payable
therefore under this Act has been paid or a bond has been executed for the
payment thereof. - Possession of excisable articles in excess of the quantity prescribed
by the State Government prohibited except under permission.- (1) No person
not being licenced to manufacture, cultivate, collect or sell any excisable article,
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shall have in his possession any quantity of such article in excess of such
quantity as the State Government has, under Section 5, declared to be the limit
of sale by retail, except under a permit granted by the Excise Commissioner or
by an Excise Officer duly empowered in that behalf.
(2) Sub-section (1) shall not extend to
(a) any foreign liquor (other than denatured spirit) in the possession
of any common carrier or warehouse man as such, or
(b) [Omitted]
(3) A licenced vendor shall not have in his possession at any place other
than that authorised by his Licence, any quality of any excisable article in
excess of such quantity as the State Government has under Section 5 declared to
be the limit of sale by retail, except under a permit granted by the Excise
Commissioner or by an Excise Officer duly empowered in that behalf.
(4) Notwithstanding anything contained in the foregoing sub-sections, the
State Government may by notification in the Official Gazette prohibit or restrict
the possession by any person or class of persons, or subject to such exceptions
as may be specified in the notification, by all persons in those parts of the State
of Rajasthan to which this Act extends or any specified area or areas thereof, of
any excisable articles either absolutely or subject to such conditions, as it may
prescribe. - Sale of excisable articles without Licence prohibited.- No excisable
article shall be sold without a Licence from the Excise Commissioner or any
Excise Officer duly empowered in that behalf;
Provided that-
(1) a person licensed under this Act to cultivate or collect the hemp plant
(Cannabis Sativa) may sell without a Licence those portions of the plant from
which any intoxicating drugs can be manufactured to any person licensed under
this Act to deal in the same or to any office whom the Excise Commissioner
may prescribe;
(2) a licence for sale in more than one district of those parts of the State
of Rajasthan to which this Act extends shall be granted with the previous
approval of the State Government; and
(3) nothing in this section applies to the sale of any foreign liquor legally
procured by any person for his private use and sold by him or by auction on his
behalf or on behalf of his representatives in interest upon his quitting a station
or after his decease. - Sale of excisable article.- No liquor shall be bottled for sale, and no,
excisable article shall be sold, otherwise than in accordance with the terms and
conditions a Licence granted in that behalf. - Prohibition of sale, etc. to certain persons or in certain manner or
circumstances.- (1) No licenced vendor and no person in the employ of such
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vendor or acting on his behalf shall sell or deliver any liquor or intoxicating
drug –
(a) to any person apparently under the age of 18 years, or
(b) to any person of unsound mind, or
(c) to any soldier on duty and in uniform except with the permission
of the proper officer of the unit to which the soldier belongs.
Explanation.- The provisions of this sub-section apply whether the liquor
or intoxicating drugs is sold or delivered to a person for consumption by himself
or by any other person and whether the sale or delivery is for consumption on
the premises of the vendor or otherwise.
(2) No such vendor or person as aforesaid shall sell or deliver any liquor
or intoxicating drug in exchange whether wholly or in part, for jewellery,
clothes, arms or household utensils. - Prohibition of employment of children under the age of 18 years, or
women and of certain other persons.- (1) No person who is licensed to sell
liquor for consumption on his premises shall during the hours in which such
premises are kept open for business, employ or permit to be employed either
with or without remuneration, any person under the age of 18 years or any leper
or any person suffering from an infectious disease in any part of such premises
in which such liquor or spirit is consumed by the public.
(2) No person who is licensed to sell Foreign Liquor for consumption on
his premises shall, without the previous permission in writing, of the Excise
Commissioner or an Excise Officer duly empowered in that behalf during the
hours in which such premises are kept open for business, employ or permit to be
employed either with or without remuneration any women in any part of such
premises in which liquor is consumed by the public.
(3) Every permission granted under Sub-section (2) shall be endorsed on
the Licence and may be modified or withdrawn. - Grant of exclusive privilege of manufacture, etc.- Subject to the
provisions of Section 31, the Excise Commissioner may order the grant to any
person of a Licence for the exclusive privilege-
(1) of manufacturing or of supplying by wholesale, or of both, or
(2) of selling by wholesale or by retail; or
(3) of manufacturing or of supplying by wholesale or of both and of
selling by retail, any Country Liquor, Foreign Liquor or intoxicating
drug within any local area of those parts of the State of Rajasthan to
which this Act extends. - Manufacture and sale of liquor in military cantonments.-Within the
limits of places in which any military forces are stationed and within such
distance from those limits as the State Government in any case may prescribe,
no licences for the manufacture or sale of liquor, or for an exclusive privilege in
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respect of liquor under Section 24 shall be granted unless with the consent of
the Commanding Officer. - Grantee of exclusive privilege may let or assign.- Subject to the
conditions of his Licence, the grantee of any exclusive privilege may let or
assign the whole or any portion of his privilege; but no lessee or assignee of
such privilege or portion of a privilege shall exercise any rights as such unless
and until a Licence has been granted to him by the Excise Commissioner on
application made by the grantee. - Recovery by grantee of exclusive privilege of sums due to him. –
Any grantee lessee or assignee as aforesaid may recover from any person
holding under him any money due to him in his capacity of a grantee, lessee or
assignee, as if it were an arrear of rent recoverable under the law for the time
being in force with regard to land – holder and tenant:
Provided that nothing contained in this section shall affect
the right of any such grantee, lessee or assignee to recover by civil suit any such
amount due to him from any such person as aforesaid.
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CHAPTER V
Duties and Fees - Duty on excisable articles.- An excise duty or a countervailing duty
as the case may be, at such rate or rates as the State Government shall direct,
may be imposed either generally or for any specified local area, on any
excisable article imported or exported, or transported or manufactured,
cultivated or collected under any Licence granted under this Act, or
manufactured in any distillery, pot-still or brewery established or licensed under
this Act.
Explanation.- Duty may be imposed under this section at
different rates according to the places to which any excisable article or
intoxicating drug is to be removed for consumption or according to the varying
strength and quality of such article. - Manner of levying duty. – Subject to such rules regulating the time
place and manner of payment, as the State Government may prescribe, such
duty may be levied in such one or more ways as the State Government may by
notification in the Official Gazette direct. - Payment for exclusive privilege.- Instead of or in addition to any
duty leviable under this Chapter, the Excise Commissioner may accept payment
of a sum in consideration of the grant of the Licence for exclusive privilege
under Section 24.
30-A. Interest payable on failure to pay excise revenue.- If the amount
of any duty, fee or other demand due against any person under this Act or the
rules made thereunder is not paid till the due date as prescribed, he shall be
liable to pay on the amount due simply interest at the rate of two percent per
month from the day next following the day on which the payment of such duty,
fee or demand became due:
Provided that where as a result of any order of the competent authority,
the amount on which the interest was payable under this section has been
reduced, the interest shall be reduced accordingly and the excess interest paid, if
any, shall be refunded.
Explanation.- Where both the excise revenue and interest are
outstanding, the part payments made shall be appropriated first towards excise
and than towards interest.
30-AA. Power to reduce or waive interest in certain cases:-
Notwithstanding anything contained in this Act, the Excise Commissioner may,
on an application made in this behalf by licensee and after recording his reasons
for so doing, reduce or waive the amount of any interest payable by the
Licensee under this Act, if he is satisfied that –
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(a) to do otherwise would cause genuine hardship to the Licensee
having regard to the circumstances of the case; and
(b) the Licensee has co-operated in any proceeding for the recovery of
any amount due from him.
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CHAPTER VI
Licences, Permits and Passes - Form and conditions of Licences, etc. – Every licence, permit or
pass granted under this Act, shall be granted-
(a) by such authority,
(b) on payment of such fees (if any),
(c) subject to such restrictions and on such conditions,
(d) in such form and containing such particulars, and
(e) for such periods,
as the State Government may prescribe by rules either generally or for
any class of licences, permits or passes or as the State Government may direct
for any particular Licence, permit or pass. - Saving of Licences in force at the commencement of this Act.-
Every Licence which was granted under any provision of the Excise Acts or
Laws repealed by this Act, shall be deemed to have been granted under the
corresponding provision of this Act and shall (unless previously cancelled,
suspended, withdrawn or surrendered under this Chapter) remain in force for the
period for which it was granted. - Power of authority granting Licence to require execution of
counter part agreement etc.- Any authority granting a Licence under this Act
may require the grantee to execute a counter part agreement in conformity with
the tenor of his Licence and to give such security for the performance of such
agreement or to make such deposit in lieu of security, as such authority may
think fit. - Power to cancel and suspend licences.- (1) Subject to such
restrictions as the State Government may prescribe, the authority granting any
licence, permit or pass under this Act may cancel or suspend it-
(a) if it is transferred or sublet by the holder thereof without the
permission of the said authority; or
(b) if any duty or fee payable by the holder thereof be not duly paid;or
(c) in the event of any breach by the holder of such Licence, permit or
pass or by his servants, or by anyone acting on his behalf with his
express or implied permission of any of the terms or conditions of
such licence, permit or pass; or
(d) if the holder thereof is convicted of any offence punishable under
this Act or any, other law for the time being in force relating to
revenue or of any cognizable and non-bailable offence or any
offence punishable under the Dangerous Drugs Act, 1930 (Central
Act 2 of 1930) Now Narcotic Drugs and Psychotropic Substances
Act, 1985 or any law relating to merchandise marks or of any
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offence punishable under Sections 482 to 489 (both inclusive) of
the Indian Penal Code; or
(e) where a licence, permit or pass has been granted on the application
of the grantee of an exclusive privilege under this Act, on the
requisition in writing of such grantee; or
(f) if the conditions of the licence, permit or pass provide for such
cancellation or suspension at will.
(2) When a licence, permit or pass held by any person is cancelled under
Sub-section (1), the authority aforesaid may cancel any other licence, permit or
pass granted to such person under this Act or any other law for the time being in
force relating to excise, revenue or under The Narcotic Drugs and Psychotropic
Substances Act, 1985.
(3) The holder of a licence, permit or pass shall not be entitled to any
compensation for the cancellation or suspension thereof under this section nor to
a refund of any fee paid or deposit made in respect thereof. - Further power to cancel licences. – (1) Whenever the authority
which granted a licence, permit or pass under this Act considers that such
licence, permit or pass should be cancelled for any cause other than those
specified in Section 34, “it may, on remitting a sum equal to the amount of the
fees payable in respect thereof for fifteen days, cancel the licence either-
(a) on the expiration of fifteen days’ notice in writing of its
intention to do so, or
(b) forthwith without notice.
(2) When a licence, permit or pass is cancelled under this section any fee
paid in advance or deposit made by the Licensee in respect thereof shall be
refunded to him after deducting the amount (if any) due to the State
Government.
(3) If any licence, permit or pass be cancelled under Clause (b) of Subsection (1) in addition to the sum remitted as aforesaid, there shall be paid to the
Licensee such further sum (if any) by way of compensation as the Excise
Commissioner may direct. - Surrender of licence to sell by retail.- Any holder of a licence to sell
by retail under this Act may surrender his licence on the expiration of one
month’s notice in writing given by him to the Excise Commissioner of his
intention to surrender the same and on payment of the fee payable for the
licence for the whole period for which it would have been current but for such
surrender.
Provided that if the Excise Commissioner is satisfied that
there is sufficient reason for surrendering such a licence, he may remit to the
holder thereof, the sum so payable on surrender or any portion thereof.
Explanation.- The words ‘holder of a licence’ as used in this
section include a person whose tender or bid for a licence has been accepted
although he may not actually have received the licence.
18 - No renewal of licence or compensation on determination or nonrenewal of licence claimable.- No person to whom a licence has been granted
under this Act shall have any claim to the renewal of such licence, or to any
claim for compensation on the determination or non-renewal thereof. - Technical irregularities in licence.- (1) No licence granted under
this Act shall be deemed to be invalid by reason merely of any technical defect,
irregularity or omission in the licence, or in any proceedings taken prior to the
grant, thereof.
(2) The decision of the Excise Commissioner as to what is a technical
defect, irregularity or omission shall be final.
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CHAPTER VII
General Provisions - Measures, weights and testing instruments.- Every person who
manufactures or sells any excisable article under a licence granted under this
Act, shall be bound-
(a) to supply himself with such measures, weights and instruments, as
the Excise Commissioner may prescribe and to keep the same in
good condition; and
(b) when such measures, weights and instruments have been
prescribed, on the requisition of any Excise Officer duly
empowered in that behalf, at any time to measure, weight or test
any excisable article in his possession in such manner, as the said
Excise Officer may require. - Recovery of Excise Revenue. – All excise revenue, including all
amounts due to the State Government by any person on account of any contract
relating to excise revenue, may without prejudice to any other mode of
recovery, be recovered from the person primarily liable to pay the same or from
his surety (if any), as arrears of land revenue or in the manner provided for the
recovery of public demands by any law for the time being in force, in case of
default made by a holder of a licence the Excise Commissioner or an Excise
Officer duly empowered in that behalf may take the grant for which the licence
has been given under management at the risk of the defaulter, or declare the
grant forfeited and result it at the rest and the loss of the defaulter. When a grant
is under management under this section, the Excise Commissioner or an Excise
Officer duly empowered in that behalf may recover as excise revenue any
moneys due to the defaulter by any lessee or assignee:
Provided that no licence for an exclusive privilege granted
under Section 14 shall be forfeited or re-sold without the sanction of the
authority granting the licence.
Provided further that notwithstanding anything to the
contrary contained in any law for the time being in force the amount recoverable
under this section shall be the first charge on the property of such person liable
for payment of said amount.
40-A. Special mode of the recovery.- (1) Not withstanding anything
contained in the Act any law, for the time being in force or contract to the
contrary, the District Excise Officer may, at any time or from time to time, by
notice in writing, a copy of which shall be sent to the defaulter at his address
last known to the District Excise Officer, require,-
(a) any person from whom any amount is due or may become due to
the defaulter who has failed to pay due amount on the demand by
the District Excise Officer, or
20
(b) any person who holds or may subsequently hold any money for or
on account of such defaulter,
to pay, into the Government Treasury or the bank authorised to receive
money on behalf of the State Government, in the manner specified in the notice,
either forthwith or upon the money becoming due from him or being held by
him, within the time specified in the notice (not being before the money
becomes due or is held), so much of the money as is sufficient to pay the
amount due from the defaulter or the whole of the money when it is equal to or
less than amount.
Expla1ation:- For the purposes of this section “defaulter”
means a person who is primarily liable to pay any excise revenue or any amount
due to State Government from him on account of any contract relating to excise
revenue and who does not pay such revenue or, as the case may be amount by
due date and includes his surety.
(2) The authority issuing a notice under (Sub-section (1) may, at
any time or from time to time, amend or revoke any such notice or extend the
time upto three months for making any payment in pursuance of this notice.
(3) Any person making any payment in compliance with a notice
issued under Sub – section (1) shall be deemed to have made the payment under
the authority of the defaulter, and the treasury receipt or the challan of the bank
for such payment shall constitute a good any sufficient proof of discharge of the
liability of such person to the extent of the amount specified in the receipt or the
challan.
(4) Any person discharging any liability to the defaulter after
service on him of the notice issued under Sub-section (1) shall be personally
liable to the State Government to the extent of the liability discharged, or to the
extent of the amount of demand, whichever is less.
(5) Where a person to whom a notice under Sub-section (1) is sent
proves to the satisfaction of the District Excise Officer that the money
demanded or any part thereof is not due to the defaulter or that he does not hold
any money for or on account of the defaulter, then nothing contained in this
section shall be deemed to be required such person to pay any such money or
part thereof, as the case may be, to the District Excise Officer.
(6) The provisions of this section shall be without prejudice to any
action that may be, taken for the recovery of the arrears. - Power of State Government to make rules.- (1) The State
Government may make rules for the purpose of carrying out the provisions of
this Act or other law for the time being in force relating to excise revenue.
(2) In particular and without prejudice to the generality of the
foregoing provisions, the State Government may make rules-
(a) regulating the delegation of any powers by the Excise
Commissioner;
21
(b) prescribing the powers and duties of officers of the Excise
Department;
(c) regulating the manner in which appeals shall be made to the Excise
Commissioner;
(d) regulating the import, export, transport or possession of any
excisable article molasses or lanced poppy heads;
(e) regulating the period and localities for which and the person to
whom Licences for the vend by wholesale or by retail of any
excisable article may be granted;
(f) prescribing the procedure to be followed and the matters to be
ascertained before any licence for such vend is granted for any
locality;
(g) for the prohibition of the sale of any excisable article to any person
or class of persons;
(h) for the grant of expenses to witnesses and compensation for loss of
time to persons released under Section 44 on the ground that they
have been improperly arrested and to persons charged before a
Magistrate with offence punishable under this Act but acquitted;
(i) regulating the power of Excise Officer to summon witnesses from
a distance under the provisions of Section 44;
(j) for declaring the Excise Officers to whom, and the manner in
which information and aid should be given under Section 50;
(k) for the prohibition of the employment by the licence-holder of any
person or class of persons to assist in his business in any capacity
whatsoever;
(l) for the prevention of drunkenness, gambling or disorderly conduct
in or near any licensed premises, and the meeting or remaining of
persons of bad character in such premises;
(m) for the grant and distribution of rewards to informers and
Government servants;
(n) prohibiting the printing, publishing or otherwise displaying or
distributing any advertisement or other matter commending or
soliciting the use of, or offering any intoxicant or calculated to
encourage or incite any, individual or class of individuals or the
public generally to commit an offence under this Act, or to commit
a breach or evade the provisions of any rule or order made
thereunder, or the conditions of any licence, permit or pass
obtained thereunder.
(o) prohibiting within the State the circulation, distribution or sale of
any newspaper, book, leaf-let, book-let or other publication printed
and published outside the State which contains any advertisement
matter of the nature described in Clause (n); and
(p) declaring any newspaper, book, leaf-let, book-let or other
publication wherever printed or published containing any
22
advertisement or matter commending or the use of or offering any
intoxicant, to be forfeited to the State Government.
(3) The power conferred by this section for making rules is subject to the
condition that the rules shall be made after previous publication:
Provided that any such rule may be made without previous publication if
the State Government considers that it should be brought into force at once. - Power of Chief Excise Authority to make rules- The Excise
Commissioner may subject to the previous sanction of the State Government
make rules-
(a) regulating the manufacture, supply, storage or sale of any excisable
article including-
(i) the erection, alteration, repair, inspection, supervision,
management and control of any place for the manufacture,
supply, storage or sale of such article or drug and the fittings,
implements and apparatus to be maintained therein;
(ii) the cultivation of the hemp plant (Cannabis Sativa);
(iii) the collection of portions of the hemp plants (Cannabis Sativa)
from which many intoxicating drugs can be manufactured and
the manufacture of any intoxicating drug therefrom;
(iv) the bottling of liquor for the purpose of sale;
(b) regulating the deposit of any excisable article in a warehouse and
the removal thereof from any such warehouse or from any
distillery, pot-still or brewery;
(c) prescribing the scale of fees or the manner of fixing the fees
payable in respect of any licence, permit or pass or of the storing of
any excisable article:
Explanation.-Fees may be prescribed under this sub-clause
at different rates for different classes of licence, permits, passes or
storage and for different areas.
(d) regulating the time, place and manner of payment of any duty or
fee;
(e) prescribing the restrictions under and the conditions on which any
licence, permit or pass may be granted including provisions for the
following matters-
(i) the prohibition of the admixture with any excisable article
of any substance deemed to be noxious or objectionable;
(ii) the regulation or prohibition of the reduction of liquor by a
licensed manufacturer or licensed vendor from a higher to a
lower strength;
(iii) the fixing of the strength, price or quantity in excess of or
below which any excisable article shall not be sold or
supplied or possessed and of the quantity in excess of which
denatured spirit shall not be possessed, and the prescription
of a standard of quality for any excisable article:
23
(iv) the prohibition of sale except for cash;
(v) the fixing of the days and hours during which any licensed
premises mayor may not be kept open, and the closure of
such premises on special occasions;
(vi) the specification of the nature of the premises in which any
excisable article may be sold and the notices to be exposed at
such premises;
(vii) the form of accounts, to be maintained and the returns to be
submitted by licence-holders; and
(viii) the regulation of the transfer of Licences;
(f) (i) declaring substance and the process by which spirit
manufactured in India shall be denatured;
(ii) for causing such spirit to be denatured through the agency or
under the supervision of Excise Officers;
(iii) for ascertaining whether such spirit has been denatured;
(g) providing for the destruction or other disposal of any excisable
article deemed to be unfit for use;
(h) regulating the disposal of confiscated articles.
24
CHAPTER VIII
Powers and Duties of Officers - Power to enter and inspect place of manufacture and sale.- The
Excise Commissioner or any Excise Officer not below such rank as the State
Government may prescribe may-
(a) enter and inspect at any time by day or by night any place in which
any licenced manufacturer carries on the manufacture of or stores
any excisable article;
(b) enter and inspect at any time within the hours during which sale is
permitted, and at any other time during which the same may be
open, any place in which any excisable article is kept for sale by
any person holding a licence under this Act;
(c) examine any book, account or registers or examine, test, measure
or weigh any materials, stills, utensils implements apparatus or
excisable article found in such place; and
(d) seize any measures, weights, or testing instruments which he has
reason to believe to be false. - Power of certain officers to investigate into offences punishable
under this Act.- (1) Any officer of the Excise Department not below such rank
as the State Government may prescribe, may investigate into any offence
punishable under this Act committed within the limits of the area in which such
officer exercises jurisdiction.
(2) Any such officer may exercise the same powers in respect of
such investigation as an if officer-in-charge of a police station may exercise in a
cognizable case under the provisions of Chapter XII of the Code of Criminal
Procedure, 1973 (Central Act 2 of 1974) and, if specially empowered in that
behalf by the State Government, such officer may without reference to a
Magistrate, and for reasons to be recorded by him in writing stop further
proceedings, against any person concerned or supposed to be concerned in any
offence punishable under this Act into which he has investigated. - Power of arrest, seizure and detention.- Any officer of the Excise,
Police, Salt, Customs Narcotics or Land Revenue Department, not below such
rank and subject to such restrictions as the State Government may prescribe, and
any other person duly empowered in this behalf may arrest without warrant, any
person found committing an offence punishable under this Act and may seize,
and detain any excisable article or other article which he has reason to believe to
be liable to confiscation under this Act or other law for the time being in force
relating to excise revenue, and may detain and search any person upon whom
and any vessel, raft, vehicle, animal, package, receptacle or covering in or upon
which, he may have reasonable cause to suspect any such article to be.
25 - Power of Excise Commissioner or Magistrate to issue warrant for
search or arrest. – The Excise Commissioner or a Magistrate or an Excise
Officer duly empowered in this behalf having reason to believe that an offence
under this Act has been is being, or is likely to be, committed may –
(a) issue a warrant for the search of any place in which he has reason
to believe that any excisable article or any utensil implement
apparatus or materials, in respect of which such offence has been,
is being or is likely to be committed are kept or concealed, and
(b) issue a warrant for the arrest of any person whom he has reason to
believe to have been engaged in the commission of any such
offence. - Power of Excise Officer to search without warrant.- (l) Whenever
an officer of the Excise Department not below such rank as the State
Government may prescribe has reason to believe that an offence punishable
under this Act has been, is being or is likely to be committed in any place, and
that search warrant cannot be obtained without affording the offender an
opportunity of escape or of concealing evidence of the offence he may, at any
time by day or night enter and search such place: –
Provided that such officer shall before entering such place record the
grounds of his belief as aforesaid.
(2) Every Excise Officer as aforesaid may seize any thing found in such
place which he has reason to believe to be liable to confiscation under this Act
and may detain and search and if he thinks proper, arrest any person found in
such place whom he has reason to believe to be guilty of such offence as
aforesaid. - Procedure relating to arrest, searches etc.- The provisions of the
Code of Criminal Procedure, 1973 (Central Act 2 of 1974) relating to arrest,
searches, search warrants, production of persons arrested and investigation into
offences shall be held to be applicable so far as may be, to all action taken in
these respects under this Act:
Provided that-
(i) any offence punishable under this Act may be investigated into
without the order of a Magistrate and any warrant issued by the
Excise Commissioner or an Excise Officer duly empowered in this
behalf under Section 46 may be executed by any officer selected
for that purpose by the authority issuing the warrant;
(ii) whenever an excise officer makes any arrest, seizure or search he
shall within 24 hours thereafter make a full report of all the
particulars of the arrest, seizure or search to his immediate official
superior, and shall, unless bail be accepted under Section 49 take or
send the person arrested and the article seized with all convenient
dispatch to a Magistrate for trial.
26
(iii) no search shall be deemed to be illegal by reason only of the fact
that witnesses for the search were not inhabitants of the locality in
which the place of search is situated. - Provision regarding bail in offences.- (1) The provisions of the
Code of Criminal Procedure, 1973 (Central Act 2 of 1974) shall apply to bail in
respect of the offences under this Act.
(2) Except the offences punishable under Section 54 and 56 which shall
be non-bailable, all other offences under this Act shall be bailable within the
meaning of the said Code. - Duty of officers of certain departments to report offences and to
assist Excise Officers.- Every officer of the Police, Salt, Customs Narcotics and
Land Revenue Department shall be bound to give immediate information to an
officer of the Excise Department of all breaches of any of the provisions of this
Act which may come to his knowledge and to aid, any officer of the Excise
Department in carrying out of the provisions of this Act upon request made by
such officer. - Duty of landholders and others to give information.- (1) Every
owner or occupier of land the agent of any such owner or occupier of land on
which, and
(2) Every Sarpanch or Panch of a Panchayat established under the
Rajasthan Panchayat Act, 1953 (Rajasthan Act 21 of 1953) lambardar, village
headman, village accountant or village policeman in whose village, there shall
be any manufacture or illegal import or collection of any excisable article not
licenced under this Act, or any unlawful cultivation or collection of any plant
from which an intoxicating drug can be produced shall be bound in the absence
of reasonable excuse, to give notice of the same to a Magistrate or to an officer
of the Excise, Police, Customs or Land Revenue Department, immediately the
same shall have come to his knowledge. - Duty of officer-in-charge of police station to take charge of article
seized.- Every officer-in-charge of a police station shall take charge of and keep
in safe custody, pending the orders of a Magistrate or of the Excise
Commissioner or an Excise Officer duly empowered in that behalf all articles
seized under this Act which may be delivered to him; and shall allow any
officer of the Excise Department who may accompany such articles to the
police station or may be deputed for the purpose by his superior officer, to affix
his seal to such articles, and to take samples of and from them. All samples so
taken shall also be sealed with the seal of the officer-in-charge of the police
station.
27 - Power to close shops for the sake of public peace.- (1) The District
Magistrate by notice in writing to the Licensee may require that any shop in
which any excisable or intoxicating drug is sold shall be closed at such times or
for such period as he may think necessary for the preservation of the public
peace.
(2) If a riot or unlawful assembly is apprehended or occurs in the vicinity
of any such shop, a Magistrate of any class or any police officer above the rank
of a constable who is present, may require such shop to be kept closed for such
period as he may think necessary:
Provided that where any such riot or unlawful assembly occurs the
Licensee shall in the absence of such Magistrate or police officer, close his shop
without any order.
28
CHAPTER IX
Offences and Penalties - Penalty for unlawful import, export, transport, manufacture,
possession etc. – Whoever in contravention of this Act or of any rule or order
made or of any licence, permit or pass granted, thereunder –
(a) imports, exports, transports, manufactures, collects, sells or
possesses any excisable article; or
(b) cultivates any hemp plant (Cannabis sativa); or
(c) constructs or works any distillery, pot-still or brewery; or
(d) uses, keeps or has in his possession any materials, stills, utensil,
implements or apparatus whatsoever for the purpose of
manufacturing any excisable article other than tari; or
(e) removes any excisable article from any distillery, pot-still brewery
or warehouse established or licensed under this Act; or
(f) bottles any liquor for the purposes of sale; or
(g) taps or draws tari from any tari producing tree; shall be punishable with imprisonment for a term which may
extend to three years and with fine which may extend to twenty thousand
rupees;
Provided that if a person is so found in possession of a
workable still for the manufacture of any excisable article or is found to be
guilty of selling or possessing for sale any excisable article in contravention of
the provisions of this Act or of any rule or order made or of any licence, permit
or pass granted thereunder, he shall be punished with the minimum sentence of
imprisonment for six months and fine of two hundred rupees;
Provided further that if the quantity of liquor found at the
time or in the course of detection of the offence exceeds fifty bulk litres, the
person guilty for such offence shall be punished with the minimum sentence of
imprisonment for one year and fine of ten thousand rupees.
54-A. Owner of animal, cart, vessel, raft, motor vehicle or any other
means of conveyance deemed to be guilty in certain cases.- Where any animal,
cart, vessel, raft, motor vehicle or any other means of conveyance is used in the
commission of an offence under this Act, and is liable to confiscation, the owner
thereof, except in case of a motor vehicle or other means of conveyance being
owned by the Central Government or any State Government or any of their
undertaking, shall be deemed to be guilty of such offence and such owner shall
be liable to be proceeded against and punished accordingly unless he satisfies
the Court that he had no reason to believe that such offence was being or likely
to be committed and he had exercised due care in the prevention of the
commission of such an offence.
29 - Penalty for unlawfully selling to persons under eighteen or
employing children or women.- If any licensed vendor or any person in his
employ or acting on his behalf-
(a) sells or delivers any liquor or intoxicating drug in contravention of
Section 22; or
(b) employs or permits to be employed on any part of his Licensed
premises any person in contravention of Section 23; or
(c) permits disorderly conduct or gaming on the Licensed premises;
(d) permits any person whom he knows or has reason to believe to
have been convicted of any non – bailable offence or any reputed
prostitute to frequent his Licensed premises, whether or not for the
purposes of crime or prostitution;
shall in addition to any other penalty to which he may be liable be
punishable with a fine which may extend to five hundred rupees. - Penalty for rendering denatured spirit fit for human consumption. –
Whoever renders or attempts to render fit for human consumption any spirit
(wherever manufactured) which has been denatured or any denatured spirituous
preparation or has to his possession any denatured spirit or any denatured
spirituous preparation which has been rendered fit for human consumption or in
respect of which any attempt or in which any alteration has been made to render
it so fit, shall be punished – with imprisonment for a term which shall not to be
less than six months and may extend to, three years and also with fine which
shall not be less than rupees two hundred and may extend to one thousand
rupees. - Penalty for possession of excisable article unlawfully imported: –
Whoever without lawful authority has in his possession any quantity of any
excisable article knowing the same to have been unlawfully imported,
transported manufactured cultivated or collected or knowing the prescribed duty
not to have been paid thereon, shall be punished with imprisonment for a term
which may extend to three months, or with fine, which may extend to one
thousand rupees or with both. - Penalty for certain acts by Licensee or his servants.- Whoever being
the holder of a licence, permit or pass granted under this Act or being in the
employ of such holder and acting on his behalf –
(a) fails to produce such licence, permit or pass on the demand of any
Excise Officer or of any other officer duly empowered to make
such demand: or
(b) in any case not provided for in Section 54 willfully contravenes
any rule made under Section 41 or Section 42; or
(c) willfully does or omits to do anything in breach of any of the
conditions of the licence, permit or pass not otherwise provided for
in this Act :
shall be punished for each such offence with fine which may extend to
five hundred rupees.
30 - Penalty for consumption in chemist’s shop etc.- (1) If any chemist,
druggist, apothecary or keeper of a dispensary allows any excisable article,
which has not been bona fide medicated for medicinal purposes to be consumed
on his business premises by any person not employed in his business, he shall
be punished with imprisonment for a term which may, extend to three months
and with fine which may extend to one thousand rupees.
(2) If any person not employed as aforesaid, consumes any such excisable
article on such premises, he shall be punished with fine which may extend to
two hundred rupees. - Penalty for Excise Officer refusing to do duty.- Any Excise Officer
who without lawful excuse shall cease or refuse to perform or shall withdraw
himself from the duties of his office unless expressly allowed to do so in writing
by the Excise Commissioner, or unless he shall have given to his superior
officer two months’ notice in writing of his intention to do so shall be punished
with imprisonment which may extend to three months or with fine which may
extend to five hundred rupees or with both. - Penalty for Excise Officer making vexatious search etc.- If any
Excise Officer –
(a) without reasonable grounds of suspicion enters, inspects or
searches or causes to be entered, inspected or searched any place;
or
(b) vexatiously and unnecessarily seizes any property of any person
on the pretence of seizing or searching for any article liable to
confiscation under this Act: or
(c) vexatiously and unnecessarily detains, searches or arrests any
person;
he shall be punished with imprisonment for a term which may extend to
three months or with fine which may extend to five hundred rupees or with
both. - Penalties for offences not otherwise provided for.-Whoever is guilty
of any act or intentional omission in contravention of any of the provisions of
this Act, or of any rule or order made under this Act and not otherwise provided
for therein shall be punished for each such act or omission with fine which may
extend to two hundred rupees. - Penalty for fraud by Licensed manufacturer or vendor or his
servant.- lf any Licensed manufacturer or licensed vendor or any person in his
employ or acting on his behalf –
(a) sell or keeps, or exposes for sale, as foreign liquor any liquor
which he knows or has reason to believe to have been
manufactured from rectified spirit or Country liquor; or
31
(b) marks any bottle, case, package or other receptacle containing
liquor manufactured from rectified spirit or country liquor or cork
of any such bottle with the intention of causing it to be believed
that such bottle, case, package or other receptacle contains foreign
liquor :
he shall be punishable with imprisonment for a term which may extend to
three months and with fine which may extend to five hundred rupees. - Manufacture, sale or possession by one person on account of other.
- (1) When any excisable article has been manufactured or sold or is possessed
by any person on account of any other person and such other person knows or
has reason to believe that such manufacture or sale was, or that such possession
is, on his account, the article shall for the purposes of this Act be deemed to
have been manufactured, or sold by to be in the possession of such other person.
(2)Nothing in Sub-section (1) shall absolve any person who
manufactures, sells or has possession of an excisable article on account of
another person from liability to punishment under this Act for the unlawful
manufacture, sale or possession of such article.
- Attempt to commit offence punishable under this Act.-Whoever
attempts to commit or abets any offence punishable under this Act shall be
liable to the punishment provided for the offence. - Enhanced punishment after previous conviction.- If any person,
after having been previously convicted of an offence punishable under this Act
or under the similar provisions of any enactment repealed by this Act
subsequently commits and is convicted of an offence punishable under this Act,
he shall be liable to twice the punishment which might be imposed on a first
conviction under this Act:
Provided that nothing in this section shall prevent any offence which
might otherwise have been tried summarily under the Code of Criminal
Procedure, 1973 (Central Act 2 of 1974) from being so tried:
Provided further that the enhanced punishment would not in any way
affect the minimum sentence prescribed for the offences referred to in the
proviso to Section 54.
66-A. Security for abstaining from commission of offences.- (1)
whenever any person is convicted of an offence punishable under this Act and
the Court convicting him is of the opinion that it is necessary to require such
person to execute a bond for abstaining from the commission of any such
offence, the Court may, at the time of passing sentence on such person, order
him to execute a bond for a sum proportionate to his means, with or without
sureties, for abstaining from the commission of the said offence during such
period not extending three years, as it thinks fit to fix.
32
(2) The bond shall be in the form contained in Schedule II and the
provisions of the Code of Criminal Procedure, 1898 (Central Act 5 of 1898)
shall, in so far as they are applicable, apply to all matters connected with such
bond as if it were a bond to keep the peace ordered to be executed under Section
106 of the said Code.
(3) If the conviction is set aside in appeal or revision the bond so
executed shall also become void.
(4) An order under this section may also be made by an appellate Court or
by the High Court when exercising its powers of revision. - Cognizance of offences.- (1) No Magistrate shall take cognizance of
an offence punishable –
(a) under Section 54 or Section 57 or Section 59 or Section 63 except
on his own knowledge or suspicion or on a complaint or the report
of an Excise Officer; or
(b) under Section 55 or Section 56 or Section 58 or Section 60 or
Section 61 or Section 62 except on a complaint or the report of an
officer not below the rank of the Excise Commissioner or an
Excise Officer duly empowered in that behalf.
Explanation. – The report of an Excise Officer under this sub-section
shall be treated for all purposes of trial to be a report made by a police officer
within the meaning of Clause (b) of Sub-section (1) of Section 190 of the Code
of Criminal Procedure, 1973 (Central Act 2 of 1974).
(2) Except with the special sanction of the State Government no
Magistrate shall take cognizance of any offence punishable under this Act,
unless the prosecution is instituted within a year after the date on which the
offence is alleged to have been committed. - Presumption as to commission of offences in certain cases. – In
every prosecution for any offence punishable under this Act, it shall be
presumed without further evidence until the contrary is proved, that the accused
person has committed such offence in respect of –
(a) any excisable article: or
(b) any still, utensil, implement or apparatus whatsoever as are
ordinarily used in the manufacture of any such article of drug: or
(c) any materials which have undergone any process towards the
manufacture of an excisable article or from which any such article
has been manufactured, for the possession of which he is unable to
account satisfactorily, and the holder of a licence, permit or pass
under this Act shall be liable to punishment, as well as the actual
offender, for any offence punishable under this Act committed by
any person in his employ and acting on his behalf as if he had
himself committed the same, unless he shall establish that all due
and reasonable precautions were exercised by him to prevent the
commission of such offence:
33
Provided that no person other than the actual offender shall be punished
with imprisonment except in default of payment of fine. - What things are liable to confiscation. – (1) Whenever an offence
punishable under this Act has been committed –
(a) every excisable article in respect of which such offence has been
committed;
(b) every still, utensil, implement or apparatus and all materials by
means of which such offence has been committed;
(c) every excisable article lawfully imported, transported,
manufactured held in possession or sold alongwith or in addition to
any excisable article liable to confiscation under Clause (a);
(d) every receptacle, package or covering in which any article as
aforesaid or any materials, still, utensil, implement or apparatus is
or are found together with the other contents (if any) of such
receptacle or package, and
(e) every animal, cart, vessel, raft or other conveyance used in
carrying such receptacles or package shall be liable to confiscation.
(2) When in the trial of any offence punishable under this Act the
Magistrate decides that anything is liable to confiscation under clauses (a) to (d)
of Sub-section (1) he may order confiscation:
Provided that in case of a thing other than an excisable article he may, in
lieu of ordering confiscation, give the owner of the thing liable to be confiscated
an option to pay any such fine as the Magistrate think fit.
(3) When anything mentioned in Sub-section (1) is found in
circumstances which afford reason to believe that an offence under this Act has
been committed in respect or by means thereof, or when such an offence has
been committed and the offender is not known or cannot be found, the Excise
Commissioner may order confiscation of the same:
Provided that no such order shall be made until the expiration of one
month from the date of seizing the thing or animal in question or without
hearing the person (if any) claiming any right thereto, and the evidence (if any)
which he produces in support of the claim:
Provided further that if the thing in question is liable to speedy and
natural decay, of if the Excise Commissioner is of opinion that the sale of the
thing or animal in question would be for the benefit of its owner, he may at any
time direct it to be sold; and the provisions of this section shall so far as may be,
apply to the net proceeds of such sale.
(4) Where any means of conveyance referred to in Clause (e) of Subsection (1) is seized in connection with the commission of any offence under
this Act, a report of such seizure shall, without unreasonable delay, be made by
the person seizing it to the Excise Commissioner or to the officer, not below the
34
rank of the District Excise Officer, as may be duly authorised by the State
Government in this behalf and whether or not a prosecution is instituted for
commission of such an offence, the Excise Commissioner or the officer
authorised in this behalf by the State Government, having jurisdiction over the
area where the said means of conveyance was seized, may, if satisfied that the
said means of conveyance was used for commission of offence under this Act,
order confiscation of the said means of conveyance:
Provided that before ordering confiscation of the said means of
conveyance a reasonable opportunity of being heard shall be afforded to the
owner of the said means of conveyance and if such owner satisfies the Excise
Commissioner or the officer authorised by the State Government in this behalf
that he had no reason to believe that such offence was being or likely to be
committed and he had exercised due care in the prevention of the commission of
such an offence, the Excise Commissioner or the officer authorised by the State
Government in this behalf, may not confiscate the said means of conveyance:
Provided further that where such means of conveyance is owned by the
Central Government or any State Government or any of their undertaking, no
order of confiscation of such means of conveyance shall be passed by the Excise
Commissioner or an officer authorised by the State Government in this behalf
and the matter shall be referred to the State Government by the Excise
Commissioner or the officer authorised by the State Government in this behalf,
for making such orders regarding means of conveyance as the State Government
may deem fit:
Provided also that before ordering confiscation under this sub-section the
owner of the means of conveyance, referred to in Clause (e) of Sub-section (I),
may be given an option to pay in lieu of confiscation, a fine not exceeding the
market price of such means of conveyance.
(5) [Deleted.]
(6) Whenever any means of conveyance as referred to in Clause (e) of
Sub-section (1) is seized in connection with commission of an offence under
this Act, the Excise Commissioner or any officer authorised in this behalf by the
State Government shall have, and, notwithstanding anything contained in any
law for the time being in force any Court, Tribunal or other authority shall not
have, jurisdiction to make order with regard to the possession, delivery,
disposal, release of such means of conveyance.
(7) Where the Excise Commissioner or the officer authorised by the State
Government in this behalf is of the opinion that it is expedient in public interest
or for the benefit of its owner that the means of conveyance, as referred to in
Clause (e) of Sub-section (1), seized for commission of offence under this Act
be sold by public auction, he may at any time direct it to be sold.
(8) Where any means of conveyance is sold, as aforesaid, the sale
proceeds thereof, after deduction of the expenses of such sale or auction or other
35
incidental expenses relating thereto and in other cases, the means of conveyance
which was seized or the amount of fine paid in lieu of its confiscation, shall-
(a) where no order of confiscation is ultimately passed by the Excise
Commissioner or the officer authorised by the State Government in
this behalf; or
(b) where an order passed in appeal so requires; or
(c) where in a prosecution instituted for commission of offence under
this Act in respect of which an order of confiscation has been made
under this section, the person concerned is acquitted,
be paid, returned or refunded, as the case may be, to its owner:
Provided that no interest shall be payable on the amount to be paid or
refunded under this sub-section.
(9) Any order of confiscation made by the Excise Commissioner or any
officer authorised by the State Government in this behalf, shall not prevent the
infliction of any punishment to which the person affected there by is liable
under this Act. - Power of Excise Officers to compound offences.- (1) Subject to such
conditions and restrictions as may be prescribed, the Excise Commissioner or
any other Excise Officer specially empowered by the State Government in that
behalf may accept from any person whose licence, permit or pass is liable to be
cancelled or suspended under this Act, or who is reasonably suspected of having
committed an offence punishable under this Act, a sum of money not less than
Rs. 5,000/- but not exceeding 10 times of the annual Licence fee in respect of
manufacturing units / bonds and wholesale vends etc. and not more than two
times of exclusive privilege amount in case of liquor and beer shops alongwith
other levies applicable from time to time in lieu of such cancellation or
suspension or by way of composition for such offence which may have been
committed, as the case may be, and in all cases whatsoever in which any
property has been seized as liable to confiscation under this Act may release all
such property except an excisable article on payment of the value thereof as
estimated by such officer and may confiscate the excisable article:
Provided that no such composition shall be accepted from any officer or
servant of the Excise Department for any offence under this Act committed by
such officer or servant.
Provided further that no offence of manufacture or possession for sale of
an excisable article punishable under Section 54 shall be compounded.
(2) On the payment of such sums of money to such officer, the accused
person, if in custody, shall be discharged, the property seized shall be released
and no further proceedings shall be taken against such person or property in
respect of such offence.
36
CHAPTER X
Miscellaneous - Exemptions.- (1) Nothing in the foregoing provisions of this Act
applies to the import, manufacture, possession, sale or supply of any bona fide
medicated article for medicinal purposes by medical practitioners, chemists,
druggists, apothecaries or keepers of dispensaries, except in so far as the
Government may by notification in the Official Gazette so direct.
(2) Where in the opinion of the State Government reasonable grounds
exist for doing so, the State Government may, by like notification and subject to
such conditions and restrictions as it may impose, exempt any person or class of
persons or any excisable article from all or any of the provisions of this Act or
of the rules made thereunder either throughout the territories to which this Act
extends or in any specified part thereof or for any specified period or occasion.
[The State Government being of the opinion that reasonable ground exist
for doing so, hereby exempts, with effect 1.4.2001:
(i) such retail licensees who have been granted licence under exclusive
privilege system from the payment of fee prescribed under Rule 69-B of the
Rajasthan Excise Rules, 1956, to the extent to which it exceeds the amount of
Rs. 0.50 per bulk liter.
(ii) such wholesale licensees who have been granted licence under Rule
47( 1 )( a) of the Rajasthan Excise Rules, 1956 and who manufacture IMFL
Beer outside Rajasthan from the payment of fee prescribed under Rule 69( 1) of
the said rules.]*
(3) Every notification issued by the State Government under
Sub-section (1) or Sub-section (2) shall be laid before the House of State
Legislature at the session thereof next following and shall be liable to be
rescinded or modified by a resolution of that House. - Publication of rules and notifications.- All rules made and
notifications issued under this Act shall be published in the Official Gazette and
shall thereupon have effect as if enacted in this Act from the date of such
publication or from such other date, as may be specified in that behalf. - Bar of certain suits.- No suit prosecution or other legal proceedings
shall lie against the State Government or against any officer or person for any
thing in good faith done or intended to be done in pursuance of this Act.
37 - Powers exercisable from time to time.- Any power conferred by this
Act on the Excise Commissioner may be exercised from time to time as
occasion requires. - [Omitted]
38
[SCHEDULE –I Deleted]
[SCHEDULE -II]
Bond for abstaining from the commission of offences under the Rajasthan
Excise Act, 1950
[See Section 66-A]
Whereas I (name) …………………………………S/o …………………………..
caste …………………………..inhabitant of (place) …………………………… district
………………………………… have been called upon to execute a bond to abstain
from the commission of any offence under the Rajasthan Excise Act, 1950 for
the term of (state the period) ……………………………
I hereby bind myself not to commit any such offence during the said term
and in case of my making default therein I hereby bind myself to forfeit to the
State Government for the sum of Rs……………………….
Dated this ……………………..day of …………………………….20 ……….
(Signature)
(Where a bond with surety or sureties is to be executed, add)-
I / We do hereby declare myself / ourselves surety / sureties for the above
named ……………………………………… that he will abstain from commission of
any offence under the Rajasthan Excise Act,1950, during the aforesaid term,
and in case of his making any default therein, I/We bind myself / ourselves
jointly and severally to forfeit to the State Government the sum rupees
…………………………
Dated this ………….. day of ………………………… 20…………..
(Signature)
