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Section 3

BE Act

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Chapter IPreliminary

1Short title, extent and commencement
2Definitions
3Section 3
4Power to declare what shall be deemed to be "country liquor" and "Foreign liquor" respectively
4A[ Power to declare intoxicant. [Inserted by Bihar Act No. 3 of 2016, dated 31.3.2016.]
5Definition of retail and wholesale
6Saving of certain Acts

Chapter IIEstablishments, Control, Appeal and Revision.

7Establishments and delegation and withdrawal of powers
8Control, appeal and revision

Chapter IIIImport, Export and Transport

9Restrictions on import
10Restrictions on export or transport
11Power to prohibit, import, export or transport
12Passes for import, export or transport

Chapter IVManufacture, Possession and Sale

13Licence required for manufacture
14Drawing of tari in notified areas
15Establishment of distilleries, breweries or warehouses
16Licence required for depositing or keeping intoxicant in warehouse or other place of storage
17Payment of duty on removal from distillery, brewery, warehouse or other place of storage
18Possession of intoxicants not obtained from a licensed vendor
19[Possession and consumption of intoxicants generally.] [Substituted by Act 6 of 1985.]
20Licence required for sale
21Manufacture and sale of liquor in or near cantonments
22[ Grant of exclusive privilege of manufacture and sale of country liquor or intoxicating drugs or denatured spirit or any other intoxicant. [Substituted by Act 17 of 1982.]
22A[ The fixation of cost price of country liquor, by the State Government. [Inserted by Act 9 of 1995.]
22B[ Validating of cost price of country liquor and realisation of warehouse maintenance charges. [Inserted by Act 9 of 1995.]
22COverriding effect of the Act
22EValidating of Licence Fee
22FOverriding effect of the Ordinance
23Transfer of exclusive privilege
24Maintenance and use of measures, weights and instruments by licensed manufacturers and vendors
25Employment of persons under the age of [twentyone] [Substituted for 'eighteen' by Act 6 of 1985.] years or women by licensed vendors
26Power to close shops temporarily

Chapter VDuty

27Power to impose duty on import, export, transport and manufacture
28Ways of levying such duty
29Payment for grant of exclusive privilege
29ASaving for duties being levied at commencement of the Constitution

Chapter VILicences, Permits and Passes

30Preparation of list of places for which it is proposed to grant licences for the retail sale of spirit
31Publication of such list
32Time for preparation and publication of such list
33Submission of objections and opinions to Collector
34Grant of licences by Collector and submission of list, objections and opinions to Excise Commissioner
35Finality of decision of Excise Commissioner [xxx] ['Or Board' omitted by Act 6 of 1985.]
36Applications of Sections 30 to 35 to licences for retail sale of intoxicants other than spirit
37Exemption of certain licences from Sections 30 to 36
38Fees for terms, conditions, and form of, and duration of, licences, permits and passes
39Power of Board to reduce fees
40Counterpart agreement by licensee and security or deposit
41Technical defects, irregularities and omissions
42[Power to cancel or suspend licence, permit or pass, or impose penalty] ['Heading of Section 42' Substituted by Bihar Act 2, 2007.]
43Power to withdraw licences
44Surrender of licence
45Bar of right to renewal and to compensation

Chapter VIIDepartmental Management or Transfer

46Power of Collector to take grants under management or to transfer them

Chapter VIIIOffences and Penalties

47[ Penalty for unlawful import, export, transport, manufacture, possession, sale, etc. [Substituted by Bihar Act No. 3 of 2016, dated 31.3.2016.]
47A[ Commission of offence by companies. [Substituted by Bihar Act No. 3 of 2016, dated 31.3.2016.]
48[ Presumption as to commission of offence in certain cases. [Substituted by Bihar Act No. 3 of 2016, dated 31.3.2016.]
49[ Penalty for rendering denatured spirit fit for human consumption. [Substituted by Bihar Act No. 3 of 2016, dated 31.3.2016.]
50[ Penalty for mixing noxious substance with liquor. [Substituted by Bihar Act No. 3 of 2016, dated 31.3.2016.]
51[ Penalty for selling spurious liquor. [Substituted by Bihar Act No. 3 of 2016, dated 31.3.2016.]
52[ Penalty for fraud. [Substituted by Bihar Act No. 3 of 2016, dated 31.3.2016.]
53[ Penalty for consumption of liquor in public place. [Substituted by Bihar Act No. 3 of 2016, dated 31.3.2016.]
54[ Penalty for possession of intoxicant in respect of which an offence has been committed. [Substituted by Bihar Act No. 3 of 2016, dated 31.3.2016.]
55[ Penalty for consumption of liquor in chemist's shop. [Substituted by Bihar Act No. 3 of 2016, dated 31.3.2016.]
56[ Penalty for unlawful advertisement. [Substituted by Bihar Act No. 3 of 2016, dated 31.3.2016.]
57[ Penalty for import, export, manufacture, transports, sale or possession by one person on account of another. [Substituted by Bihar Act No. 3 of 2016, dated 31.3.2016.]
58[ Order by Collector to pay compensation. [Substituted by Bihar Act No. 3 of 2016, dated 31.3.2016.]
59[ Penalty for misconduct of licensees, etc. [Substituted by Bihar Act No. 3 of 2016, dated 31.3.2016.]
60[ Penalty for employing minors or women or selling liquor to minors. [Substituted by Bihar Act No. 3 of 2016, dated 31.3.2016.]
61[ Penalty for assault and obstruction. [Substituted by Bihar Act No. 3 of 2016, dated 31.3.2016.]
62[ Penalty for non-payment of duty or fee. [Substituted by Bihar Act No. 3 of 2016, dated 31.3.2016.]
63[ Penalty for allowing premises, etc., to be used for commission of an offence. [Substituted by Bihar Act No. 3 of 2016, dated 31.3.2016.]
64[ Penalty for attempt to commit an offence. [Substituted by Bihar Act No. 3 of 2016, dated 31.3.2016.]
64A[ Penalty for Contempt of Court. [Inserted by Bihar Act No. 3 of 2016, dated 31.3.2016.]

Chapter IXDetection, Investigation and Trial of Offences, and Procedure

69Power to enter and inspect, and power to test and seize measures, etc
70Power to arrest without warrant, to seize articles liable to confiscation, and to make searches
71Power of Collector to issue warrant of arrest
72Power to issue search warrant
73Power of Collector or Magistrate to arrest or search without issue of warrant
74Power to search without a warrant
75Information and aid to Excise Officers
76Duty of owners and occupiers of land and other persons to give notice of unlicensed manufacture
77What Excise offences Officers may investigate
78Powers and duties of Excise Officer investigating offences
79Security and bail
80Production of articles seized and persons arrested
81Custody by police of articles seized
82Reports of arrests, seizures and searches
83Execution of Collector's warrant
84Maximum period of detention
85Application of certain provisions of the Code of Criminal Procedure, [1973] [Substituted by Act 6 of 1985.]
86Magistrate having jurisdiction to try offences
86A[ Scales of punishment from the date of publication of this Act. [Substituted by Act 6 of 1985.]
87Initiation of certain prosecution

Chapter XMiscellaneous

89Power of State Government to make Rules
90Power of Board to make Rules
91Powers of Board exercisable from time to time
92Publication and effect of rules and notifications
93Recovery of dues
94Power of State Government to exempt intoxicants from provisions of Act
95Bar of certain suits
96Limitation of suits and prosecutions
97Bar to application of Section 261 of the Bengal Municipal Act, 188
98Bengal Act 5 of 1909 to cease to be in force but orders, rules, etc. made and licences, etc. granted thereunder to continue

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BE Act 3Chapter I · Preliminary

Section 3 · Section 3

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[Repealed by Act 2 of 1930]

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