Act 20 of 2016

Preamble

[Bihar Act 20, 2016] BIHAR PROHIBITION AND EXCISE ACT, 2016 AN ACT to enforce, implement and promote complete Prohibition of liquor and intoxicantsin the territory of the State of Bihar and for matters connected therewith or incidental thereto. Whereas it is expedient to provide for a uniform law relating to Prohibition andregulation of liquor and intoxicants, the levy of duties thereon and punishment for the violation of law in the State of Bihar; Now, therefore be it enacted by the Legislature of the State of Bihar in the Sixty- Seventhyear of the Republic of India as follows :- Chapter I PRELIMINARY

Sections

Type to filter. 100 sections.

1. 1Short title, extent and Commencement
2. 2Definitions-In this Act, unless otherwise required in the context
3. 3Power to declare intoxicant
4. 4Saving of certain Acts
5. 5Appointment of Excise Commissioner
6. 6Appointment ofExcise Officers
7. 7Delegation and withdrawal of powers
8. 8Role of the Collector
9. 9Role of the Superintendent of Police
10. 10Powers and functions of the Excise Commissioner
11. 11Excise Intelligence Bureau
12. 12Persons with special powers
13. 13Prohibition of liquor or intoxicants
14. 14Movement of Intoxicants etc
15. 15Restrictions on Vehicles carrying intoxicants etc
16. 16Power to Regulate Transport of Intoxicants
17. 17Renewal of Licenses for Distilleries, breweries, etc
18. 18Non Transferability of Licenses& permits
19. 19Powers of the Board
20. 20Qualifications for grant of license
21. 21Holograms
22. 22Power to suspend or cancel license and permit
23. 23Bar to the right of renewal and to compensation
24. 24Power of the State Government to withdraw or not to renew a license
25. 25Power of the Collector to take over the Management
26. 26Nature and components of excise revenue
27. 27Fees for terms, conditions, and form of, and duration of, licenses, permits and passes
28. 28Excise revenue to be paid irrespectiveof pendency of any writ petition, suit, etc
29. 29Power to impose duty on import, export, transport and manufacture
30. 30Penalty for unlawful import, export, transport, manufacture, possession, sale, etc
31. 31Commission of offence by companies
32. 32Presumption as to commission of offence in certain cases
33. 33Penalty for rendering denatured spirit fit for human consumption
34. 34Penalty for mixing noxious substance with liquor
35. 35Penalty for committing fraud
36. 36Penalty for dealing in spurious liquor
37. 37Penalty for consumption of liquor
38. 38Penalty for possession or knowledge of possession of intoxicant
39. 39Penalty for consumption of liquor in chemist's shop
40. 40Penalty for unlawful advertisement
41. 41
42. 42Order by Collector to pay compensation
43. 43Penalty for misconduct of licensees, etc
44. 44Penalty for employing minors or women in illegal liquor trade
45. 45Penalty for assault and obstruction
46. 46Penalty for non-payment of duty or fee
47. 47Penalty for allowing premises, etc., to be used for commission of an offence
48. 48Penalty for attempt to commit an offence
49. 49Penalty for Contempt of Court
50. 50
51. 51Penalty on excise officer or police officer refusing to do duty
52. 52Penalty for offences not otherwise provided for
53. 53Enhanced punishment after previous conviction
54. 54
55. 55Non-compounding of offences
56. 56Things liable for confiscation
57. 57Power of Collector, etc., to order sale or destruction of articles before confiscation
58. 58Confiscation by District Collector
59. 59Order of confiscation and destruction not to interfere with other punishment
60. 60Bar of jurisdiction in confiscation
61. 61Confiscated articles to vest with the Collector
62. 62Premises liable to be sealed
63. 63
64. 64Collective Fine
65. 65Power of the State Government to withdraw facilities, privileges etc
66. 66Externmentetc of notorious or habitual offenders
67. 67Extension of period of order
68. 68Permission to return temporarily
69. 69Nature of evidence
70. 70Immediate Arrest
71. 71Penalty for non-compliance of order under Section-66
72. 72Powers in relation to absconding person
73. 73Power to enter, inspect, search and seize
74. 74Power to arrest or detain without warrant
75. 75Power to conduct breath analysis tests and medical tests
76. 76Offences to be Cognizable and Non-Bailable
77. 77Power to obtain information
78. 78Power to investigate
79. 79Powers of the Excise Officer
80. 80Production of Persons arrested
81. 81Duty of police to accept seized articles and arrested persons
82. 82Reports of arrests, seizures and searches
83. 83Trial by the Court
84. 84Special Courts
85. 85Procedure and Power of the Special Judge
86. 86Power to transfer cases to Regular Courts
87. 87Power of the Special Court to implead manufacturer, owner, occupier, etc
88. 88Special/ Additional Public Prosecutors
89. 89Appeal
90. 90Application of certain provisions of the Code of Criminal Procedure, 1973
91. 91Procedure for launching Prosecution
92. 92Appeals
93. 93Revision
94. 94Power of State Government to exempt intoxicants from the provisions of this Act
95. 95Power of the State Government to make rules
96. 96Officers to be Public Servants
97. 97Orders to remain in force
98. 98Repeal and Savings
99. 99Validation
100. 100Power to remove difficulty

Provenance. 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/a8435211-f601-4fe1-af00-b0112c40aa2e.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/bb1b0d0a-9d10-4063-8843-5275ff0dde4b/content).

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. Every one of the 100 sections of this Act has its own page. This page is not a substitute for legal advice.