Section 69

Section 69 of the Chhattisgarh Excise Act, 1915. The enactments mentioned in the schedule are hereby repealed to the extent specified in the fourth column thereof.

The enactments mentioned in the schedule are hereby repealed to the extent specified in the fourth column thereof. Power of State Government to exempt persons Or intoxicants from the provisions of the Act. Protection to persons acting under the Act. Limitation of suits. Repeal of enactments. [THE FIRST SCHEDULE]- (See section 69) ENACTMENTS REPEALED Ycar No.

(1) (2) Short title (3; Extent of repeal (+) 1863 XVI The Excise (Spirits) Act, 1863. So much as has not been repealed. 1894 VIII The Indian Tariff Act, 1891. Section 6. 1896 XII The Excise Act, 1896 So much as has not been repealed. 1906 VII The Excise (Amendment) Act, 1906. The whole. 1. Subs. by M. P. Act 23 of 1958, for ".Mahakoshal region" 2, Subs, by C. P. Act 6 of 1934, fer . SCHEDULE" [THE SECOND SCHEDULE]: ' Sie section 36-D, Bonds to abstain from the commission of offences under sections 34 and 36 of the Madhya Pradesh Excise Act, 1915. Whereas (name), inhabitant of (place), has been called upon to enter into a bond to abstain from the commission of offences under section 34 and section 36 of the Madhya Pradesh Excise Act, 1915, for the term of. ... 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]2, the sum of rupees . .. Dated, this. ... day of. .. 19 Signature (where a bond with sureties is to be executed, add)- We (1) (name), inhabitant of (place), and (2) (name), inhabitant of (place , declare ourselves sureties for the above named (name of the person executing the bond; that he will abstain from the commission of offences under section 34 and section 36 of the Madhya Pradesh Excise Act, 1915 during the said term; and, in case of his making default therein, we bind ourselves, jointly and serverally, to forfeit to [the State Government]2 the sum of rupees. Dated, this ...... .. day of .. ...... ... 19 Signature 1. Added b. C. P. Act 6 of 1934. 2. Suos by A. O. 1950 for "His Majesty the king Emperor of India." i 198(29) 194 (32) CHHATTISGARH ACT (No. 11 of 2002) THE CHHATTISGARH EXCISE (AMENDMENT) ACT, 2002 An Act further to amend the Chhattisgarh Excise Act, 1915 (No. 2 of 1915). Be it enacted by the Chhattisgarh Legislature in the Fifty-third Year of the Republic of India Gas follows :-- (1) This Act may be called the Chhattisgarh Excise (Amendment) Act, 2002 (No. 11 of 2002). Short tille, Extent and Comntencement. wertends to the wine of Chiation " Excise ate.

(3) It shall come into force from the date notified by the State Government in it's official Gazette. After section 18 of the Chhattisgarh Excise Act , 1915 (No. 2 of 1915) (hereinafter referred to as a Principal Act) the new section 18 A shall be inserted, as follows :- Insertion of New.Sce- tion 18 A. Section 18 A-Exclusive privileges of manufacture sale etc. may be granted -- Notwithstanding any thing contained in the Act, the State Government may grant the exclusive privilege to the Chhattisgarh State Beverages Corporation Limited, a Corporation wholly owned and controlled by the Stai Geyerinions, ne Andran inde fordign Liquor (2) Thereupon, the Excise Commissioner, subject to the rules made by the State Government, may grant necessary licence to the Chhattisgarh State Beverages Corporation Limited for the aforesaid purpose.

(3) The Chhattisgarh State Beverages Corporation Lid., after the grant of such licence may open its branches/depots in the State in such places and subject to such conditions as the Excise Commissioner may specify. In sub-section (1) of section 34 of the Principal Act, the words "not less than one month" shall be added after the words "imprisonment for a term". for the words "five hundered" the words "five thousand" and for the words "five thousand" the words "twenty five thousand" shall be substituted. Amendment of Sec. tion 34 (1). 450(12-16) 450 (12-1R) FN: 15.01 20033 THE CHHATTISGARH EXCISE (AMENDMENT) ACT. 2003 An "-et further to amend the Chhattisgarh Excise Act. 1915 (No. 2 of 1915) Be it enacted by the Chhattisgarh Legislature in the Fifty fourth year of the Republic 4 India as follows :- (i) This Act be called the Chhattisgarh Excise (Amendment) Act, 2003 (No. 1 of 2003).

(ii) It shall come into force with effect from Ist June, 2003. de Short title and Commencement. In sub-section (2) and (3) of section 34, sub-section (1) and (2) of section 47-A, sub- Amendurent of section (i) and (ii) of section 59-A of the Principal Act, for the words "fifty bulk Section 34, 47-A and 59-A. litres", the words "twenty five bulk litres" shall be substituted. diat 3. The Chhattisgarh Excise (Amendment) Ordinance .- 2003 (No. 5 of 2003) is hereby repealed. Repeal. CHHATTISGARH ACT (No. 12 of 2004) THE CHHATTISGARH EXCISE (AMENDMENT) ACT, 2004 An Act further to amend the Chhattisgarh Excise Act, 1915 (No. II of 1915). Be it enacted by the Chhattisgarh Legislature in the Fifty-Fifth year of the Republic of India as follows :- 1.

(1) This Act may be called the Chhattisgarh Excise (Amendment) Act, 2004 (No. 12 of 2004).

(2) It extends to the whole of Chhattisgarh.

(3) It shall come into force from the date of its publication in the official gazette, Short title, extent and Commencement. 2. After Section 28 of the Chhattisgarh Excise Act, 1915 (No. II of 1915) (hereinafter referred to as the Principal Act), the following new section shall be inserted, namely :- " 2 8 - A The State Government may by general or special order in writing direct that Payment of the manufacture, import, export, transport, storage, sale, purchase use, Supervi collection or cultivation of any intoxicant, denatured spirituous prepara- s i o n tions or hemp shall be under the supervision of such Excise staff as the Charges. Excise Commissioner may deem proper to appoint in this behalf and that the person manufacturing, importing, exporting, transporting, storing, sell ing, purchasing, using, collection or cultivating the intoxicant or denatured spirituous preparations shall pay to the State Government towards supervision charges as Levy as may be imposed by the State Government in this behalf.

Provided that the State Government may exempt any class of person or any institution from paying the whole or any part of such Levy." Insertion of new section 28-A. 312 (1) CHHATTISGARH ACT (No. 12 of 2010) THE CHHATTISGARH EXCISE (AMENDMENT) ACT, 2010 An Act further to amend the Chhattisgarh Excise Act, 1915 (No. 2 of 1915). Be it enacted by the Chhattisgarh Legislature in the Sixty-first year of the Republic of India. -- (1) This Act may be called the Chhattisgarh Excise (Amendment) Act, 2010.

(2) it extends to the whole State of Chhatiisgarh.

(3) It shall come into force from the date of its publication in the Official Gazelle. 2. After Section 36-E of the Chhattisgarh Excise Act, 1915 (No. 2 of 1915), the following new section shall be inserted :-- "36-F. Penalty for consumption of alcohol at public place., -Except at the premises licensed for consumption of alcohol, any one is found consuming alcohol or creating nuisance after consuming alcohol or in intoxicated condition at public places like-educational institutions, hospitals, temples/places of worship, bus stand, railway station and public road etc., shall be punished with fine for the first offence which shall rot be less than two hundred rupees but which may extend to five hundred rupees and in case of repeated offence with a fine of not less than five hundred rupees which may extend io one thousand rupees." Intre St, +++ title, extent and Lui. mence- menL. Insertion of new section. CHHATTISGARH ACT (No. 4 of 2011) THE CHHATTISGARH EXCISE (AMENDMENT) ACT, 2010 An Act further to amend the Chhattisgarh Excise Act, 1915 (No. 2 of 1915). Be it enacted by the Chhattisgarh Legislature in the Sixty-first year of the Republic of India as follows - 1. (1 ) This Act may be called the Chhattisgarh Excise (Amendment) Act. 2010 (2) It extends to the whole State of Chhattisgarh.

(3) It shall come into force with effect from 01st April, 2011 Short title, extent and Commence- men1. 2. After clause (iv) of sub-section (2) of Section 25 of the Chhattisgarh Excise Act, 1915 (No. 2 of 1915), the following new clause shall be inserted, namely :-.. Amendment Section 25. "(v) 10% surcharge on the prescribed duty on excisable articles will be payable which shall be transferred to rural and urban local bodies on the basis of their population." IndiaCo 312 (1) de 312 (2) CHHATTISGARH ACT (No. 8 of 2011) THE CHHATTISGARH EXCISE (AMENDMENT) ACT, 2011 An Act further to amend the Chhattisgarh Exise Act, 1915 (No. 2 of 1915). Be it enacted by the Chhattisgarh Legislature in the Sixty second year of the Republic of India, as follows :- Short title, extent and Commence- 1.

(1) This Act may be called the Chhattisgarh Excise (Amendment) Act, 2011. ment.

(2) It extends to the whole State of Chhattisgarh.

(3) It shall come into force from the date of its publication in the Official Gazette. Amendment of 2.

(1) After clause (h) of sub-section (1) of Section 34 of the Chhattisgarh Excise Section . 34. Act, 1915 (No. 2 of 1915), (hereinafter referred to as the Principal Act) for the words "One month", "One year", "Five thousand rupees" and "Twenty five thousand rupees" the words "Six months", "Two years", "Ten thousand rupees" and "Fifty thousand rupees" shall be substituted respectively. In proviso to sub-section (1) of Section 34 of the Principal Act, for the words "Six months", "ten thousand rupees" and "one lac rupees" the words "one year", twenty thousand rupees" and "two lac rupees" shall be substituted respectively.

(3) In sub-section (2) of Section 34 of the Principal Act, for the words "Twenty five bulk litre" the words "Five bulk litre" shall be substituted.

(4) In sub-section (3) of Section 34 of the Principal Act, for the words "twenty five bulk litre" the words "five bulk litre" shall be substituted. Amendment. of 3. Section 35.

(1) In section 35 (c) of the Principal Act, for the words "one month", "one thousand rupees" and "four thousand rupees" the words "two months", "five thousand rupees" and "twenty five thousand rupees" shall be substituted respectively. In proviso to Section 35 (c) of the Principal Act, for the words "six month", "one thousand five hundred rupees" and "six thousand rupees" the words "one year", "five thousand rupees" and "fifty thousand rupees" shall be substituted respectively. Amendment Section 36. of 4. In Section 36 of the Principal Act, for the words "which may extend to six months" the words "which shall not be less than three months but which may extend to five years" and for the words "extend to one thousand rupees" the words "which shall not be less than one lac rupees but which may extend to five lac rupees" shall be substituted.

(2) In clause (b) of Section 36-A of the Principal Act, for the words "shall be punishable with imprisonment for a term which may extend to one year or with fine which shall not be less than two hundred rupees but which may extend to two thousand rupees or with both." the words "shall be punishable with imprisonment for a term which may extend to one year or with fine which shall not be less than five thousand rupees but which may extend to twenty five thousand rupees, or with both and for subsequent offence he shall be punishable with imprisonment for a term which may extend to two years or with fine which shall not be less than ten thousand rupees but which may extend to fifty thousand rupees or with both" shall be substituted. 312 (3) (3) For Section 36-F of the Principal Act, the following Section shall be suh- stituted, namely :- "36-F.

(1) Penalty for consumption of alcohol at public places :- Except at the premises licensed for consumption of alcohol, if any one is found consuming alcohol or in intoxicated condition at public places like-educational institutions, hospitals, temples of worship, bus stand, railway station and public road etc, shall be punished with fine for the first offence which shall not be less than one thousand rupees but which may extend to five thousand rupees and in case of repeated offence with a fine of not less than five thousand rupees which may extend to ten thousand rupees with three months imprisonment.

(2) Penalty for creating nuisance after consumption of alcohol at public places :- Except at the premises licensed for consumption of alcohol, if any one is found creating nuisance after consuming alcohol at public places like-educational institutions, hospitals, temples of worship, bus stand, railway station and public road etc, shall be punished with fine which shall not be less than ten thousand rupees but which may extend to twenty five thousand rupees and three months imprisonment." 5. In sub section (1) and (2) of Section 47-A of the Principal Act, for the words "twenty five bulk litre" the words "five bulk litre" shall be substituted. Amendment Section 47. of 6. In sub section (i) and (ii) of Section 59-A of the Principal Act, for the words "twenty five buld litre" the words "five bulk litre" shall be substituted. Amendment of Section 59. c O Per Codle 286 (1) CHHATTISGARH ACT (No. 4 of 2017) THE CHHATTISGARH EXCISE (AMENDMENT) ACT, 2017 An Act further to amend the Chhattisgarh Excise Adhiniyam, 1915 (No. 2 of 1915). Be it enacted by the Chhattisgarh Legislature in the Sixty-eighth Year of the Republic of India, as follows :- 1.

(1) This Act may be called the Chhattisgarh Excise (Amendment) Act, 2017. Short title, extent and commencement.

(2) It shall extend to the whole State of Chhattisgarh.

(3) It shall come into force from the date of its publication in the Official Gazette. 2. For Section 18A of the Chhattisgarh Excise Act, 1915 (No. 2 of 1915), the following shall be substituted, namely :- Amendment of Section 18A. "18A. Power to grant exclusive right for manufacture, sale, etc. ode (1) Notwithstanding anything contained in the Act, the State Government may by general or special order grant exclusive right for the manufacture,import, export, transport, storage, purchase, wholesale, retail sale or collection of any intoxicant, denatured spirituous preparations or hemp to any Corporation wholly owned and controlled by the State Government.

(2) For the aforesaid purpose, the Excise Commissioner, subject to the rules made by the State Government, may grant necessary licence to the Corporation.

(3) For the aforesaid purposes, the Corporation, after receiving such licence, may establish its units, branches, depot and shops at such places and subject to such conditions as the Excise Commissioner may specify." 3. The Chhattisgarh Excise (Amendment) Ordinance, 2017 (No. 1 of 2017) is hereby repealed. Repeal. 720 (1) IndiaCode CHHATTISGARH ACT (No. 10 of 2017) THE CHHATTISGARH EXCISE ( AMENDMENT) ACT, 2017 An Act further to amend the Chbattisgarh Excise Act, 1915 (No. 2 of 1915). Be it enacted by the Chhattisgarh legislature in the Sixty-eighth-Year of the Republic of India, as follows :- Short title, extent and commencement. 1:

(1) This Act may be called the Chhattisgarh Excise (Amendment) Act, 2017.

(2) It extend to the whole State of Chhattisgarh.

(3) It shall come into force from the date of its publication in the Official Gazette. Aitfeudment Section 2. of 2. In the Chhattisgarh Excise Act, 1915 (No. 2 of 1915), (hereinafter referred to as the Principal Act), in Section 2,- (a) after clause (9), the following shall be inserted, namely :- ** (9-a) "hotel" means a building or part of a building wherein residential accommodation is provided, for business purpose, for a monetary consideration;"

(b) after clause (13), the following shall be inserted, namely :- "(13-a) "liquor vends" shall meant retail shops that are licensed to sell liquor and shall not include any hotels or common drinking house;"

(c) after clause (16), the following shall be inserted, namely :- "(16-a) " Sale of liquor" means the transfer of liquor from a liquor vend after receiving consideration for consumption by the purchaser at a place other than the premises of the liquor vend;" (₫) after clause (17), the following shall be inserted, namely :- "(17-a) "Supply of liquor" means the provision of liquor for consideration at hotels and common drinking house on the basis of license that is issued on the condition that such liquor shall be consumed within the premises of such hotels and common drinking house;" Amradmient Section 17. of 3. In Section 17 of the Principal Act, after sub-section (2), the following shall be added. namely :- *(3) Sale or supply af liquor,- (a) The sale of liquor shall be permitted only through licensed liquor vends, which shall not be located within 500 meters radial distance from the outer range of the National or State Highway or Service Lane along such highway and such liquor vends shall neither be directly visible nor accessible from such National or State Highway;

(b) Notwithstanding anything contained in any judgement, decree or order of any · Court, Tribunal or Authority, hotels having a license shall be entitled to engage in the supply of liquor to members, guests or other persons for consumption of such liquor within the premises of such hotels, irrespective of whether such hotel is located on or near any National or State highway; 720 (3) (c) Notwithstanding anything contained in any judgement, decree or order of any Court, Tribunal or Authority, any license issued to any hotel and common drinking house for the sale of liquor shall be deemed to have been always issued for the supply of liquor and all relevant provisions of this Act and the rules made thereunder shall continue to apply as they did for sale of liquor.

Explanation - For the removal of doubt, it is hereby clarified that all taxes, duties, cess or other levies as applicable to sale of liquor shall apply to supply of liquor unless otherwise specified in this Act or any other Act, rule or notification made thereunder." IndiaCode AT ÃGER enCode 406 (1) diaCome 406 (2) 406 (3) IndiaCo® 406 (5) CHHATTISGARH ACT (No. 4 of 2020) THE CHHATTISGARH EXCISE (AMENDMENT) ACT, 2020. An Act further to amend the Chhattisgarh Excise Act, 1915 (No. 2 of 1915). Be it enacted by the Chhattisgarh Legislature in the Seventy-First Year of the Republic of India, as follows :- 1.

(1) This Act may be called the Chhattisgarh Excise (Amendment) Act, 2020.

(2) It extends to the whole State of Chhattisgarh.

(3) It shall come into force from the date of its publication in the Official Gazette. the Chiaragain Excise date 2. In the Chhattisgarh Excise Act, 1915 (No. 2 of 1915), (hereinafter referred to as the Principal Act), in Section 2, - (i) clause (1) shall be re-numbered as (1-a); and (ii) before clause (1-a), the following shall be inserted, namely :- "(1) "Agency" means firms registered under The Companies Act, 2013 (No. 18 of 2013), The Partnership Act, 1932 (No. 9 of 1932) and Proprietorship Firms;" Short title, extent and commencement. Amendment of Section 2. 406 (6) Amendment of 3. Section 17. In the Principal Act, in Section 17, in sub-section (3),- (i) in clause (a), for the punctuation semi colon ";", the punctuation colon ":" shall be. substituted; and (ii) after clause (a), the following shall be inserted, namely :- "Provided that the above provision shall not be applicable for those National/State Highways which pass within any municipal area." Amendment of 4. Section 38-A. tode In the Principal Act,- (a) in Section 38-A, for the words "three hundred rupees" and "two thousand rupees", the words "ten thousand rupees" and "fifty thousand rupees" shall be substituted, respectively;

(b) after Section 38-A, for the punctuation full stop ".", the punctuation colon ":" shall be substituted; and (c) after Section 38-A, the following shall be added, namely :- "Provided that in case of licenses managed by the State Government or Corporation fully owned and controlled by the State Government, employees appointed by agency authored by them in due course shall be responsible for unlawful act. The burden of said 406 (7) illegal act shall be on such person own whom offence has been imposed." 5. For Section 39, the following shall be substituted, namely :- "39. Penalty for misconduct by licensee, etc .- A holder of a license, permit or pass granted under this Act or any Person in the employ of such holder and acting on his behalf, who intentionally,- (a) fails to produce such license, permit or pass on the demand of any Excise Officer or of any other Officer duly empowered to make such demand, shall be punishable by an imprisonment for term upto three months or a fine of twenty five thousand rupees or both;

(b) save in a case provided for by Section 34, contravenes any rule made under Section 62, shall be punishable by an imprisonment for term upto three months or a fine of One Lakh rupees or both;

(c) does any act in breach of any of the conditions of the license, permit or pass not otherwise provided for in this Act, shall be punishable by an . imprisonment for term upto three Amendment of Section 39. 406 (8) months or a fine of One Lakh rupees or both:

Provided that in case of licenses managed by the State Government or Corporation fully owned and controlled by the State Government, employees appointed by agency authorised by them in due course shall be responsible for unlawful act. The burden of said illegal act shall be on such person own whom offence has been imposed." Amendment of 6. In the Principal Act, in Section 44,- Section 44.

(i) in the first proviso, for the punctuation full stop ".", the punctuation colon ":" shall be substituted;

(ii) after the first proviso, the following shall be added, namely :- "Provided further that in case of licenses managed by the State Government or Corporation fully owned and controlled by the State Government, employees appointed by agency authored by them in due course shall be responsible for illegal act. The burden of said illegal act shall be on such person whom offence has been imposed."

Section 69, The Chhattisgarh Excise Act, 1915 (Act 2 of 1915).