The Himachal Pradesh Excise Act, 2011

Preamble

AUTHORITATIVE ENGLISH TEXT THE HIMACHAL PRADESH EXCISE ACT, 2011 ARRANGEMENT OF SECTIONS Sections: CHAPTER-I PRELIMINARY AND DEFINITIONS 1. Short title. 2. Definitions. 3. Country liquor and foreign liquor. 4. Power to limit application of notifications, license etc. issued. CHAPTER-II ESTABLISHMENT AND CONTROL 5. Financial Commissioner and Collector. 6. Other classes of Excise Officers and their powers and jurisdiction. 7. Persons appointed under this Act to be public servants. 8. Power to enter and inspect. 9. Power to investigate. 10. Powers of Excise Officer to search, seize etc. 11. Powers of Magistrate to issue warrant for search or arrest. 12. Powers of Excise Officers to obtain information. 13. Police Officers to aid Excise Officers etc. and to take charge of articles seized. 14. Power to close liquor vends. CHAPTER-III PRODUCTION, MANUFACTURE, POSSESSION, IMPORT, EXPORT, TRANSPORT, PURCHASE OR SALE PART-A MANUFACTURE 15. Prohibition of manufacture of liquor except under this Act. 16. Establishment or licensing of distilleries, breweries winery or warehouse. 17. Prohibition of removal of liquor manufactured or stored in a distillery, brewery or warehouse etc. PART-B POSSESSION 18. Prohibition of possession of liquor. 19. Possession of unused and printed labels, corks, etc. by certain person to be punishable. 20. Prohibition of possession of liquor un-lawfully manufactured, imported, transported etc. PART-C IMPORT, EXPORT AND TRANSPORT 21. Prohibition of import, export or transport of liquor. 22. Power of the State Government to prohibit or permit import, export or transport of liquor. a PART-D SALE etc. 23. Prohibition of sale etc. of liquor. 24. Prohibition of sale etc. of adulterate liquor. 25. Power of the State Government to declare limit of sale of liquor by retail and by whole sale. 26. Prohibition of sale to minor or his employment. CHAPTER-IV LICENSES, PERMITS AND PASSES 27. Grant of leases of manufacture, sale etc. 28. Fees and other conditions for grant of licenses, permits and passes. 29. Power to cancel or suspend licenses etc. 30. Power to cancel any other license and to recover fee. 31. No compensation or refund claimable for cancellation or suspension of license etc. 32. Power to withdraw license etc. 33 Technical irregularities in license etc. 34. No claim in consequence of refusal to renew a license etc. 35. Surrender of license. CHAPTER-V DUTIES OF EXCISE AND COUNTERVAILING DUTIES 36. Excise duty and countervailing duty. 37. Manner in which duty be levied. 38. Payment for grant of leases. CHAPTER-VI OFFENCES AND PENALTIES 39. Penalty for unlawful production, manufacture, possession, import, export, transport, sale etc. 40. Penalty for rendering or attempting to render denatured spirit fit for human consumption. 41. Penalty for mixing noxious substance with liquor. 42. Payment of compensation. 43. Penalty for certain acts by licensee or his servant. 44. Penalty for fraud by licensed manufacturer or vendor or his servant. 45. Penalty for consumption of liquor in chemist's shop. 46. Penalty for consumption of liquor in public places. 47. Penalty for offences not otherwise provided for. 48. Manufacture, sale or possession by one person on account of another. 49. Enhanced punishment for certain offences after previous conviction. 50. Attempt to commit or abet offences punishable. 51. Procedure relating to arrests, searches etc. 52. Report by investigating officer for institution of proceedings. 53. Offences to be bailable etc. 54. Security for appearance in case of arrest without warrant. 55. Cognizance of offences. 56. Presumption as to commission of offence in certain cases. 57. Liability of employer for offence committed by the employee or agent. 58. Relevancy of statements under certain circumstances. 59. Penalty for any excise officer making vexatious search, seizure, detention or arrest. CHAPTER-VII CONFISCATION 60. Confiscation of article in respect of which offence committed. 61. Inspection and sei

Sections

Type to filter. 81 sections.

1. 1Short title
2. 2Definitions
3. 3Country liquor and foreign liquor
4. 4
5. 5Financial Commissioner and Collector
6. 7Persons appointed under this Act to be public servants
7. 8Power to enter and inspect
8. 9Power to investigate
9. 10Powers of Excise Officer to search, seize etc
10. 11Powers of Magistrate to issue warrant for search or arrest
11. 12Powers of Excise Officers to obtain information
12. 13
13. 14Power to close liquor vends
14. 15Prohibition of manufacture of liquor except under this Act
15. 16Establishment or licensing of distilleries, breweries winery or warehouse
16. 17
17. 18Prohibition of possession of liquor
18. 19
19. 20Prohibition of possession of liquor un-lawfully manufactured, imported, transported etc
20. 21Prohibition of import, export or transport of liquor
21. 22Power of the State Government to prohibit or permit import, export or transport of liquor
22. 23
23. 24
24. 25
25. 26Prohibition of sale to minor or his employment
26. 27Grant of leases of manufacture, sale etc
27. 28Fees and other conditions for grant of licenses, permits and passes
28. 29Power to cancel or suspend licenses etc
29. 30Power to cancel any other license and to recover fee
30. 31No compensation or refund claimable for cancellation or suspension of license etc
31. 32Power to withdraw license etc
32. 33Technical irregularities in license etc
33. 34No claim in consequence of refusal to renew a license etc
34. 35Surrender of license
35. 36Excise duty and countervailing duty
36. 37Manner in which duty be levied
37. 38Payment for grant of leases
38. 39
39. 40Penalty for rendering or attempting to render denatured spirit fit for human consumption
40. 41Penalty for mixing noxious substance with liquor
41. 42Payment of compensation
42. 43Penalty for certain acts by licensee or his servant
43. 44Penalty for fraud by licensed manufacturer or vendor or his servant
44. 45Penalty for consumption of liquor in chemist's shop
45. 46Penalty for consumption of liquor in public places
46. 47Penalty for offences not otherwise provided for
47. 48Manufacture, sale or possession by one person on account of another
48. 49Enhanced punishment for certain offences after previous conviction
49. 50Attempt to commit or abet offences punishable
50. 51Procedure relating to arrests, searches etc
51. 52Report by investigating officer for institution of proceedings
52. 53Offences to be bailable etc
53. 54Security for appearance in case of arrest without warrant
54. 55Cognizance of offences
55. 56Presumption as to commission of offence in certain cases
56. 57Liability of employer for offence committed by the employee or agent
57. 58Relevancy of statements under certain circumstances
58. 59Penalty for any excise officer making vexatious search, seizure, detention or arrest
59. 60Confiscation of article in respect of which offence committed
60. 61Inspection and seizure of vehicle, conveyance and liquor liable to confiscation
61. 62Confiscation of vehicle or conveyance by Excise Officer in certain cases
62. 63Issue of show cause notice before confiscation under section 62
63. 64Penalty in lieu of confiscation
64. 65Disposal of seized liquor during the pendency of trial
65. 66Composition of offences by the Collector
66. 67Composition of certain other offences
67. 68Appeal
68. 69Revision
69. 70Bar of certain proceedings
70. 71Power to recover license fee etc
71. 72Power of Collector to take grants under his management or resell and recover deficiency
72. 73Excise revenue to be first charge and recoverable as arrears of land revenue
73. 74Measures, weights and testing instruments
74. 75Power to exempt
75. 76Delegation of powers
76. 77Power to regulate advertisement
77. 78Establishment of check posts or barriers
78. 79Protection of action taken in good faith
79. 80Powers of the State Government to make rules
80. 81Powers of Financial Commissioner to make rules
81. 82Repeal and savings