The United Provinces Excise Act 1910

Preamble

THE UNITED PROVINCES EXCISE ACT, 1910¹

(U. P. Act No. IV of 1910)

Adapted and modified by the Government of India (Adaptation of Indian Laws) Order, 1937.

Adapted and modified by the Adaptation of Laws Order, 1950.

(Received the assent of the Lieutenant-Governor on the 18th December, 1909, and of the Governor-General on the 24th February, 1910, and was 1published under section 40 of the Indian Councils Act, 1860, on the 12th June, 1910.)

WHEREAS it is expedient to consolidate and amend the law in force in the United Provinces relating to the import, export, transport, manufacture, sale and possession of intoxicating liquor and of intoxicating drugs ;

²[And whereas in order to promote, enforce and carry into effect the policy of prohibition, it is necessary to authorize the State Government to prohibit the import, export, transport, manufacture, sale and possession of liquor and of intoxicating drugs in the United Provinces or in any specified area or areas thereof ;]

It is hereby enacted as follows ;

Sections

Type to filter. 98 sections.

1. 1Short title and extent
2. 2Repeal of enactments
3. 3Interpretation
4. 4Power of State Government to declare what is to be deemed liquor
5. 5Country liquor and foreign liquor
6. 6Power of State Government to declare limit of sale by retail
7. 7Possession of intoxicant by wife, clerk servant
8. 8Saving of enactments
9. 9Administration of Excise
10. 10Department in districts
11. 11Appeal and revision
12. 12Import of intoxicants
13. 13Export and transport of intoxicants
14. 14Omitted
15. 15Passes necessary for import, export and transport
16. 16Grant of passes for import, export and transport
17. 17Manufacture of intoxicants prohibited except under the provision of this Act
18. 18Establishment or licensing of distilleries and warehouses
19. 19Removal of intoxicants from distillery, etc
20. 20Possession of intoxicants in excess of the quantity prescribed by State Government prohibited except under permit
21. 20AOmitted
22. 20BOmitted
23. 21Sale of intoxicants without license prohibited
24. 22Prohibition of sale to persons under the age of “twenty-one years”
25. 23Prohibition of employment of persons under the age of 9 twenty-one years and of women
26. 24Grants of exclusive privilege of manufacture, etc
27. 24AGrant of exclusive or other privilege in respect of foreign liquor
28. 24AAAdded of sec 24AA
29. 24BRemoval of doubts
30. 25Manufacture and sale of liquor in military cantonments
31. 26Grantee of exclusive privilege may let or assign
32. 27Recovery by grantee of exclusive privilege of sums due to him
33. 28Duty on excisable articles
34. 28AImposition of additional duty in certain cases
35. 29Manner in which duty may be levied
36. 30Payment for exclusive privileges
37. 30ASaving for duties being levied at commen-cement of the Constitution
38. 31Form and conditions of licenses, etc
39. 32Saving of licenses force at the commen-cement of this Act
40. 33Power of authority granting license to require execution of counterpart agreement, etc
41. 34Power to cancel or suspend licenses, etc
42. 35Further power to cancel licenses
43. 36Surrender of license to sell by retail
44. 36ABar to right of renewal and compen-sation
45. 37Technical irregularities in license, etc
46. 37AProhibition of import, export, transport, possession or consumption of intoxicants
47. 38Measures, weights and testing instruments
48. 38AInterest on arrears of excise revenue
49. 39Recovery of excise revenue
50. 40Power of State Government to make rules
51. 41Power of Excise Commissioner to make rules
52. 42Manufacture of tari
53. 43Sale of tari
54. 44Power of State Government to exempt from provisions of sections 42, area in which exclusive privilege for manufacture etc. for tari has been granted
55. 45Grant of license by grantee of exclusive privilege of manufac-turing tari
56. 46Duty on tari
57. 47Power to make rules
58. 48Power to enter and inspect places of manufacture and sale
59. 49Power of certain officers to investigate into offences punishable under this Act
60. 50Power of arrest, seizure and detention
61. 51Power of Collector to issue warrant of arrest
62. 52Power of Collector or magistrate to issue search warrant
63. 53Power of Collector or officer of the Excise department to search without warrant
64. 54procedure relating to arrest, searches, etc
65. 55Offence to be bailable
66. 56Duty of officers of certain departments to report offences and to assist officers of the excise Department
67. 57Duty of owner, occupier, Lekhpal or village policeman to report certain matters
68. 58Duty of officer in charge of police station to take charge of articles seized
69. 59Power to close shops for the sake of public peace
70. 60Penalty for unlawful import, export, transport manufacture, possession, sale, etc
71. 60APenalty for mixing noxious substance with intoxicant and selling of noxious substance under the garb of intoxicant
72. 60BOmitted
73. 61Penalty for unlawful selling to persons under twenty-one, or employing persons under twenty-one or women
74. 62Penalty for rendering denatured spirit fit for human consumption
75. 63-Penalty for unlawful import o intoxicant and transport or possession of unlawfully imported intoxicant etc
76. 64Penalty for certain acts by licensee or his servant
77. 64APenalty for adulteration etc. by licenced vendor or manufacturer
78. 65Penalty for consumption in chemists shop
79. 66Penalty for excise of refusing to do
80. 67Penalty for excise officer making vexatious search, etc
81. 68Penalty for offence not otherwise provided
82. 69- Enhanced punishment after previous conviction
83. 69ADemand for security for abstaining from commission of certain offences
84. 69BPenalty for abetment
85. 69COffence by companies
86. 70Cognizance of offence
87. 71Presumption as to commission of offence in certain cases
88. 71AProvisions regarding pardon, etc. to apply Offences under the Act
89. 72What things are liable to confiscation
90. 73Further provisions for confiscation
91. 73AOrder for destroying confiscated intoxicant
92. 74Compounding of offences
93. 74AImposition of penalty
94. 75Exception of medicated articles
95. 76Power of State Government to exempt persons and intoxicants from the provisions of this Act
96. 77Publication of rules and notifications
97. 78- Bar of certain suits
98. 79Power of Excise Commissioner, exercisable from time to time

Schedules

This Act has 1 schedule. A schedule is published as a document of its own; the text is reproduced on its page where it has been read, and the document is mirrored here either way.

Rules made under this Act

21 sets of Rules. India Code publishes Rules as a record and a document rather than as text, so these are indexed here and not reproduced. All Rules.