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Section 35A

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
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

9Restriction on import
10Restriction 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
19Possession of intoxicants generally
20Licence required for sale
21Section 21
22Grant of exclusive privilege of manufacture and sale of country liquor or intoxicating drugs
23Transfer of exclusive privilege
24Maintenance and use of measures, weights and instruments by licensed manufacturers and vendors
25Employment of children or women by licensed vendors
26Power to close shops temporarily

Chapter VDuty

27Power to impose duty on import, export, transport and manufacture
28Ways of leaving 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 an 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 or Chief Commissioner
35ASection 35A
36Application 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
39Section 39
40Counterpart agreement by licensee, and security or deposit
41Technical defects, irregularities and omissions
42Power to cancel or suspend licence, permit or pass
43Power to withdraw licences
44Surrender of licence
44ABar to right of renewal and to compensation

Chapter VIIDepartmental Management or Transfer

45Power of Collector to take grants under management, or to transfer them

Chapter VIIIOffences and Penalties

46Penalty of unlawful import, transport, manufacture, possession, sale, etc
47Presumption as to offence where possession is not satisfactorily accounted for
48Penalty for altering or attempting to alter any denatured spirit
48APresumption as to offence under Section 48 in certain cases
48BPresumption as to any spirit which contains any denaturant
49Penalty for adulteration by licensed manufacturer or vendor or his servant
50Penalty for fraud by licensed manufacturer or vendor or his servant
51Penalty for certain unlawful acts of licensed vendors or their servants
52Penalty for possession of intoxicant in respect of which an offence has been committed
53Penalty for consumption in chemist's shop, etc
54Penalty for certain acts by licensee or his servants
55Import, export, transport, manufacture, sale or possession by one person on account of another
56Criminal Liability of licensee for acts of servant
57Imprisonment under Section 55 or Section 56
58Penalty on Excise Officer making vexatious search, seizure, detention or arrest, or refusing duty, or being guilty of cowardice
59Penalty for offences not otherwise punishable
60Penalty for contempt of Court
61Penalty for attempt to commit offences
62Enhanced punishment after previous conviction
63What things are liable to confiscation

Chapter IXDetection, Investigation and Trial of Offences and Procedure

66Power to enter and inspect, and power to test and seize measures, etc
67Power to arrest without warrant, to seize articles liable to confiscation, and to make searches
68Power to issue warrant of arrest
69Power to issue search warrant
69APower of Collector or Magistrate to arrest or search without issuing a warrant
70Power of Excise Officer to search without warrant
71Information and aid to Excise Officers
72Duty of owners and occupiers of land and other persons to give notice of unlicensed manufacture
73Power to Collector and certain Excise Officers to investigate offences
74Powers and duties of Collector and certain Excise Officers investigating offences
75Security and bail
76Production of articles seized and persons arrested
77Custody by police of articles seized
78Reports of arrests, seizures and searches
79Execution of Collector's warrant
80Maximum period of detention
81Application of certain provisions of the Code of Criminal Procedure, 1898
82Magistrates having jurisdiction to try offences
83Initiation of certain prosecutions
84Bar to transfer or trial on application of accused

Chapter XMiscellaneous

85Power of Chief Commissioner to make rules
86Further power of Chief Commissioner to make rules
87Section 87
88Publication and effect of rules and notifications
89Recovery of dues
90Power of Chief Commissioner to exempt intoxicants from provisions of the Act
91Bar to certain suits
92Limitation of suits and prosecutions
92ASection 92A
93Section 93

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BE Act 35AChapter VI · Licences, Permits and Passes

Section 35A · Section 35A

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