Penalty for misconduct of licensees, etc
Section 36 of the Andhra Pradesh Excise Act, 1968 deals with penalty for misconduct of licensees, etc. Whoever being the holder of a licence or permit granted or issued under this Act or being in the employ of such holder and acting on his behalf,- (a) fails to produce such licence or permit on demand by any excise officer or any other officer duly empowered to make such demand;
(1) Whoever being the holder of a licence or permit granted or issued under this Act or being in the employ of such holder and acting on his behalf,- (a) fails to produce such licence or permit on demand by any excise officer or any other officer duly empowered to make such demand; or (b) wilfully does or omits to do anything in breach of any of the conditions of his licence or permit not otherwise provided in this Act; or (c) wilfully contravenes any rule made under this Act; or (d) permits drunkenness, disorderly conduct, riot or gaming in any place wherein any intoxicant is sold or manufactured; or (e) permits or suffers persons whom he knows or has reason to believe to have been convicted of any non-bailable offence, or who are reputed prostitutes or habitual offenders, to resort to, or assemble or remain in or on the premises where any excisable article is sold or manufactured; or (f) sells any intoxicant to a person who is drunk; or (g) sells or gives any intoxicant to any 3[person apparently under twenty one years of age or permits or suffers such person] to Substituted by the Act No. 4 of 2020, S.2 2 Substituted by the Act No. 17 of 2020, S.3 3 3 Substituted by the Act No. 4 of 1994, S.4 . remain in or on the premises where any excisable article is sold or manufactured; or (h) in contravention of section 19 employs or permits to be employed on any part of his licensed premises referred to in that section any child or person suffering from leprosy or other contagious disease, shall on conviction, be punished - (i) in the case of an offence falling under clause (a), clause (b) or clause (c), with imprisonment for a term which shall not be less than six months but which shall not exceed two years and with fine which may extend to one thousand rupees 1[and in respect of holder of a bar license, the fine shall not be less than two times of license fee];
(ii) in any other case, with imprisonment which may extend to three months or with fine which may extend to five hundred rupees, or with both.
(2) Where any holder of a licence or permit under this Act or any person in his employ or acting on his behalf is charged with permitting drunkenness on the premises of such holder, and it is proved that any person was drunk on such premises, it shall lie on the person charged to prove that the holder of the licence and the persons employed by him took all reasonable steps for preventing drunkenness on such premises. de
Section 36, The Andhra Pradesh Excise Act, 1968 (Act 17 of 1968).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Referred to by 5
Questions about Section 36
What does Section 36 of the Andhra Pradesh Excise Act deal with?
Section 36 of the Andhra Pradesh Excise Act is headed "Penalty for misconduct of licensees, etc". Whoever being the holder of a licence or permit granted or issued under this Act or being in the employ of such holder and acting on his behalf,- (a) fails to produce such licence or permit on demand by any excise officer or any other officer duly empowered to make such demand;
How do I find court cases under Section 36 of the Andhra Pradesh Excise Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Andhra Pradesh Excise Act 36, section 36 Andhra Pradesh Excise Act, section 36 of the Andhra Pradesh Excise Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 36 of the Andhra Pradesh Excise Act, and has it changed?
Its own text turns on section 19 (Prohibition of employment of children and of persons suffering from contagious diseases), so none of them can safely be read on its own. 5 other provisions in this corpus refer back to it.
When was the Andhra Pradesh Excise Act enacted?
Andhra Pradesh Excise Act was enacted in 1968 as Act 17 of 1968. India Code records no commencement date for it. It is in force as at the date shown on this page.
Other sections of this Act
- 37. 1235 words
- 72. Power to make rules886 words
- 47. Compounding of offences676 words
- 45. 650 words
- 16. Establishment of distillers and warehouses584 words
- 73. 492 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Read from the Government's own scanned gazette with Azure Document Intelligence, then split into sections by their numbering. India Code publishes no text for this Act. The scan itself is mirrored into our own storage and served at /scan/73bd091b-f3f9-4bcc-81fe-d70af97ecd47.pdf, so the reading here can be checked against the page it came from without depending on India Code's own copy staying where it is (it was at https://indiacode.gov.in/server/api/core/bitstreams/4d106916-d870-42e7-bb42-a6808753b22a/content). This page is not a substitute for legal advice.