The Mizoram Liquor (Prohibition and Control) Act, 2014

The Mizoram GazetteEXTRA ORDINARY
Published by Authority
RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008
VOL - XLIII     Aizawl,    Tuesday  22.7.2014     Asadha   31,     S.E.  1936,    Issue No. 379
NOTIFICA TION
No.H. 12018/235/2014-LJD, the 17 th  July, 2014 . The following Act is hereby published for general
information.
The Mizoram Liquor (Prohibition and Control) Act, 2014
(Act No. 8 of 2014)
{Received the assent of the Governor of Mizoram on the 11th July, 2014}.
Zahmingthanga Ralte,
Deputy Secretary to the Govt. of Mizoram.
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The Mizoram Liquor (Prohibition and Control) Act, 2014
AN
ACT
To prohibit and control the production, manufacture, possession,  transport, import, export, purchase,
sale and consumption of intoxicating liquor and to provide for the imposition of excise duty thereon in the
State of Mizoram and for matters connected therewith.
It is enacted by the Legislative Assembly of the State of Mizoram in the Sixty Fifth Year of the
Republic of India as follows :-
CHAPTER – I
PRELIMINARY
1. Short title, extent and commencement:
(1) This Act may be called the Mizoram Liquor (Prohibition and Control) Act, 2014.
(2) It shall extend to the whole of the State of Mizoram, except the three autonomous districts
namely Chakma Autonomous district, Lai Autonomous district and Mara Autonomous district
constituted under the Sixth Schedule to the Constitution of India.
(3) It shall come into force on such date as the Government may, by notification in the Official
Gazette, appoint in this behalf.
2. Definitions:
In this Act, unless the context otherwise requires :-
( 1 )“ Act” means the Mizoram Liquor (Prohibition and Control) Act, 2014;
( 2 )“ Bar” mean a retail business establishment that serves alcoholic drinks – beer, wine, liquor, and
cocktails – for consumption on the premises.
(3) “Beer”  means and includes ale, stout, port and all other alcoholic beverage usually made from
malt or grain;
( 4 )“ Bonded Warehouse” means a licenced private bonded warehouse or a public bonded warehouse
or established by Government under this Act for storing liquor on which duty has not been paid;
( 5 )“ Bottling Plant” means premises where bottling of liquor is done and includes every place
therein where it is stored or wherefrom it is issued;
( 6 )“ Brewery” means premises where beer is manufactured and includes every place therein
where beer is stored or wherefrom it is issued;
(7) “Club” means a society of persons associated together for social intercourse for the promotion
of politics, sports arts and science or literature or for any purpose except the acquisition of gain
and where the same be registered under the Companies Act, 1956 (Central Act 1 of 1956), the
Mizoram Co-operative Societies Act, 1991 (Mizoram Act, 1991) or under any act relating to
Co-operative Societies in force in Mizoram, or the Mizoram Societies Registration Act, 2005 or
otherwise incorporated or not;
(8) “Commissioner” means the Commissioner of Excise & Narcotics appointed by the Government;
( 9 )“ Company” means a body corporate and includes a firm, a licenced vendor or other association
of individual.
( 1 0 )“ Country liquor” means and includes intoxicating liquor distilled  and fermented from agricultural
produce;
( 1 1 )“ Denatured alcohol” means alcohol so mixed with another substance in order to render the
mixture unfit for human consumption whether as a beverage, or internally as a medicine;
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( 1 2 )“ Distillery” means premises where spirit is manufactured and includes every place therein
where it is stored or wherefrom it is issued;
(13) “Duty” or “Countervailing Duty” means the duty of Excise or countervailing duty, as the case
may be, mentioned in entry 51 in List II of the Seventh Schedule to the Constitution;
(14) “Excisable article” means –
(a) any liquor for human consumption and spirituous preparations, not being a medicinal
preparation or a toilet preparation under the Medicinal and Toilet Preparations (Excise
Duties) Act, 1955 (Central Act 16 of 1955) or
(b) Any intoxicating liquor or substance;
(15) “Excise Officer” means any officer subordinate to the Commissioner and any Excise &
Narcotics Officer invested with powers under this Act;
( 1 6 )“ Excise Station”  means any Excise & Narcotics Station established by the Government;
(17) “Excise Duty”  means revenue collected from any duty, fee, tax, penalty, payment (other than a
fine imposed by a Court of Law) or confiscation imposed, made or ordered under any provision
of this Act, or under any other law for the time being in force relating to alcoholic liquor or
intoxicants;
(18) “Export” means to take out of the State of Mizoram, otherwise than across a Customs frontier
as defined by the Central Government;
( 1 9 )“ Foreign liquor” means any liquor imported by land, sea or air into India;
(20) “Government” means the State Government of Mizoram;
(21) “Holder of a licence” includes a person whose bid, tender or application for a licence, permit or
pass has been accepted by the Commissioner or any Excise Officer empowered to grant such
licence, permit or pass although such person may not in fact have received the licence, permit
or pass;
(22) “Import”  means to bring into the State of Mizoram, otherwise than across a Customs frontier
as defined by the Central Government;
(23) “Intoxicant” means any intoxicating substance but does not include a medicinal preparation or
a toilet preparation under the Medicinal and Toilet Preparations (Excise Duties) Act, 1955
(Central Act 16 of 1955);
(24) “Intoxicating liquor” means any liquor and includes Zu, Rakzu, Tinzu, Zupui, Zufang, all liquid
consisting of or containing alcohol and any other substance which the Government may, by
notification, declare to be liquor for the purpose of this Act but does not include any medicinal
preparation or any toilet preparation under the Medicinal and Toilet Preparations (Excise Duties)
Act, 1955 (Central Act 16 of 1955);
( 2 5 )“ Licence” means any licence issued by the competent authority under this Act;
(26) “Manufacture” includes every process, whether natural or artificial, by which any intoxicating
liquor is produced or prepared, redistillation and every process for the rectification, flavouring,
blending, colouring or bottling of liquor;
(27) “Notification” means a notification published in the official gazette;
( 2 8 )“ Nuisance” includes any act, which causes or is likely to cause injury, danger, annoyance or
offence to the sense of sight, smell or hearing, or which is or may be dangerous to life or
property;
( 2 9 )“ Pass” means any pass issued by the competent authority under this Act;
( 3 0 )“ Permit”  means any permit issued by the competent authority under this Act;
(31) “Place” includes a house, building, shop, tent, vessel, raft and vehicle;
( 3 2 )“ Public place” means any public conveyance, hotel, shop, or any other place intended for use
by, or accessible to the public;
(33) “Prescribed” means prescribed by rules or notifications made under this Act;
( 3 4 )“ Registered Medical Practitioner” means a person registered under the Indian Medical Council
Act, 1956;
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(35) “Sell” means any  transfer of ownership including barter;
(36) “Spirit” means any liquor containing alcohol obtained by distillation, whether it is denatured or
not and includes “Rakzu”;
(37) “State” means the State of Mizoram and it shall include any State or Union Territory in India;
(38) “To bottle”  means to transfer liquor from a cask or other vessel to a bottle or other receptacle
for the purpose of sale, whether any process of rectification be employed or not; and includes
rebottling;
(39) “Transport” means to move liquor from one place to another within Mizoram;
( 4 0 )“ Wine” means fermented juice of apple, ginger, grape, guava, passion fruit, peach, pear or
pineapple, or any other fruits, as may be notified by the Government;
( 4 1 )“ Winery” means premises where wine is manufactured and includes every place therein where
wine is stored or wherefrom it is issued.
(42) “Zu” means any rice, millet or other grain fermented naturally from itself or with some foreign
or artificial substance, whether mixed with any liquid or not, and any liquid obtained therefrom,
whether diluted or undiluted.
CHAPTER – II
MANUFACTURE, POSSESSION AND SALE
3. Establishment or Licensing of distilleries, breweries, wineries, bottling plants and bonded
warehouses:
The Commissioner, with the sanction of the Government and on such conditions as may be
imposed and such fee as may be prescribed, may –
(1) issue licence for a distillery in which liquor may be manufactured;
(2) issue licence for a brewery;
(3) issue licence for a winery;
(4) issue licence for establishment of bottling plant for liquor;
(5) establish or issue licence for a bonded warehouse wherein any intoxicating liquor may be
deposited and kept without payment of duty;
(6) issue licence for retail sale of liquor;
(7) issue licence for bar;
(8) discontinue any distillery, brewery, winery, bottling plant, bonded warehouse, retail shop, or bar
so established;
Note: Any club which has transactions with its members in respect of foreign liquor shall be deemed
to be conducting retail sale and shall be required to obtain a licence under this Act on payment
of such fees and subject to such restrictions and on such conditions as may be prescribed.
4 . Licence, permit or pass required for depositing or keeping intoxicating liquor in bonded
warehouse or other place of storage:
No person shall, except under the authority and subject  to the terms and conditions of a licence,
permit or pass granted in that behalf by the Commissioner or any other officer authorized by him,
deposit or keep any intoxicating liquor in any bonded warehouse or other place of storage.
5. Payment of duty on removal from distillery, brewery, winery, bottling plant, bonded
warehouse or other place of storage:
No intoxicating liquor shall be removed from any distillery, brewery, winery, bottling plant, bonded
warehouse or other place of storage licenced, established or authorized under this Act, unless the duty
or fee, if any payable under Chapter V or Chapter VI has been paid or a bond has been executed for
the payment thereof.
6. Maintenance and use of measures, weights and instruments by a licencee:
Every person who manufactures, bottles or sells any intoxicating liquor under a licence granted
under this Act–
(a) shall supply himself with such standard measures, standard weights, measuring instruments
and weighing instruments duly verified and approved by the Commissioner and such other
instruments as the Commissioner may prescribe and shall keep the same in good condition; and
(b) when such measures, weights and instruments have been so prescribed, shall, on the requisition
of any Officer referred to in Section 29, measure, weight or test any intoxicating liquor in his
possession, at such time and in such manner as such officer may require.
7. Retail and wholesale :
The Government may by notification, declare what quantity of any intoxicating liquor shall, for
the purposes of this Act, be the limit of a retail sale.
8. Limit of possession:
(1) No person shall possess or sell any quantity of intoxicating liquor, in excess of such quantity as
the Government may declare to be the limit of a retail sale or possession, except under a permit
specially granted by the Government in this behalf.
(2) Subject to the provisions of rules made under this Act, the provision of sub-section (1) shall not
apply to–
(a) any foreign liquor which is in the lawful possession of any common carrier or warehouseman
as such, or
(b) any foreign liquor which has been purchased lawfully by any person for his bona fide
private consumption and not for sale.
(3) A person licenced to manufacture, possess or sell any intoxicating liquor shall not have in his
possession at any place other than that authorized by his licence, permit or pass, any quantity of
any intoxicating liquor in excess of such quantity as the Government has declared to be the limit
of a retail sale, except under a permit granted by the Commissioner in this behalf.
9. Grant of exclusive privilege of manufacture and sale of country liquor:
(1) The Commissioner, with previous sanction of the Government, may grant to any person, on
such conditions and for such period as it may thinks fit, the exclusive privilege –
(a) of manufacturing or supplying by wholesale or retail, any country liquor within any specified
local area.
(b) of selling by wholesale or retail, any country liquor within any specified local area.
(2) No grantee of any privilege under sub-section (1) shall exercise the same unless or until he has
obtained a licence, permit or pass in this behalf from the Commissioner.
10. Transfer of exclusive privilege:
(1) A grantee of an exclusive privilege under Section 9 shall not let or assign the same or any
portion thereof unless he is expressly authorized by a condition made under that section to do so.
(2) Such letting or assignment shall be made only to a person approved by the Commissioner.
(3) The lessee or assignee shall not exercise any rights as such unless and until the Commissioner
has, upon his application granted him a permit to do so.
11. Power to declare dry days:
The Commissioner may, by order declare any day, or days as dry day, or days for the whole of
Mizoram to which this Act applies or for any local area comprised therein in which sale and consumption
of any intoxicating liquor shall be prohibited and no liquor shop shall be opened.
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12. Power to close shops temporarily:
If any riot or unlawful assembly is apprehended or occurs in the vicinity of any shop in which
any intoxicating liquor is sold, the District Magistrate may require such shop to be kept closed for such
period as he may think necessary;
Provided that the District Magistrate who makes direction under this section shall forthwith
inform the Commissioner and the Superintendent of Excise & Narcotics concerned of his action and
the reason thereof.
CHAPTER – III
IMPORT, EXPORT AND TRANSPORT
13. Restrictions on export, import or transport:
No intoxicating liquor shall be exported, imported or transported unless–
(1) the Commissioner, or any officer duly authorised by him has given permission, either general or
special, for its export, import or transport;
(2) such conditions, if any, as the Commissioner may impose have been satisfied; and
(3) the duty, if any payable under Chapter V , as may  be prescribed, has been paid, or a bond has
been executed for the payment thereof;
Provided that the Government may, subject to such conditions, if any as it thinks fit to impose,
exempt any intoxicating liquor from the provisions of this sub-section.
14. Grant of passes:
(1) A pass for the import, export or transport, of intoxicating liquor may be issued by the Commissioner
or any officer authorised by him in this behalf.
(2) A pass issued under sub-section (1) may be either general for definite periods and specified
kinds of intoxicating liquors or special for specified occasions and particular consignment only.
(3) A pass under sub-section (1) may be issued only for the purposes of imposing and collecting
duty or ensuring conformity with licence requirements and any other requirements under this Act.
CHAPTER-IV
LICENCES, PERMITS AND PASSES
15. Fees, condition and form of licences, permits or passes :
Every licence, permit or pass under this Act shall be granted-
(a) on payment of such fees, if any, as the Government may fix, and
(b) subject to such restrictions and on such conditions as may be imposed by rules, and
(c) in such form and contain such particulars as the rules may prescribe.
16. Duration of licence, permit or pass:
Every licence, permit or pass under this Act shall be granted for such period, if any, as may be
prescribed by rules made under this Act.
17. Agreement to be made by licencee:
Any authority granting a licence, permit or pass under this Act may require the grantee to
execute an agreement, in conformity with the tenure of his licence, permit or pass, and to give such
security, for the performance of such agreement, or to make such deposit in lieu of security, as the
authority granting the licence, permit or pass may require.
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18. Accounts and returns:
Every licencee shall maintain such accounts and submit to the authorized officers such returns
in such forms containing such particulars relating to stock, apparatus, duty, fee payable and paid to the
Government and such other information at such intervals as may be prescribed.
19. Transfer of licence, permit or pass:
The licence, permit or pass granted under this Act is not transferable except with the prior
approval of the licencing authority subject to such terms and conditions as may be prescribed.
20. Technical defects, irregularities and omissions:
(1) No licence, permit or pass granted under this Act shall be deemed to be invalid by reason
merely of any technical defect, irregularity or omission in the licence, permit or pass or in any
proceedings taken prior to the grant thereof.
(2) The decision of the Commissioner as to what is a technical defect, irregularity or omission, shall
be final.
21. Power to cancel or suspend licence, permit or pass:
(1) Subject to such restrictions as the Government may prescribe by rules made under Section 73,
the authority who granted any licence, permit or pass under this Act may cancel or suspend or
impose fine, –
(a) if it is transferred or sublet by the holder thereof without the permission of the said
authority; or
(b) if any duty, tax or fee payable by the holder thereof be not duly paid; or
(c) in the event of any breach by the holder thereof, or by any of his servants, or by any one
acting on his behalf with his express or implied permission, of any of the terms or conditions
thereof, or
(d) if the holder thereof is convicted of any offence punishable under this Act or any other
law for the time being in force relating to revenue, or of any cognizable and non- bailable
offence, or of any offence punishable under the Narcotic Drugs and Psychotropic
Substances Act, 1985 (Central Act 61 of 1985) or The Prevention of Illicit Traffic in
Narcotic Drugs and Psychotropic Substances Act, 1988 (Central Act 46 of 1988) or
under any section 479 to 489 of the Indian Penal Code,(Central Act 45 of 1860)or under
the Medicinal and Toilet Preparations (Excise Duties) Act, 1955  (16 of 1955);  or the
holder is chargeable under any law relating to Domestic violence and child’s rights and
protection thereof; or
(e) if the holder of an exclusive privilege granted under Section 9 has contravened any
provision of this Act or any rule made thereunder or makes default in complying with any
condition imposed upon him by such licence, permit or pass; or
(f) if the condition of the licence, permit or pass provided for such cancellation or suspension
is violated by the holder of licence, permit or pass.
(2) The holder of a licence, permit or pass shall not be entitled to any compensation for its cancellation
or suspension under this section, or to the refund of any fee paid or deposited  made in respect
thereof, and the fee so paid or deposited so made shall stand forfeited as fine.
22. Power to cancel licence, permit or pass etc.:
(1) Whenever the authority which granted any licence, permit or pass under this Act considers that
the licence, permit or pass shall be cancelled for any reason other than those specified in
Section 21, it may, subject to such restrictions, if any, as the Government may prescribe by rules
under Section 73, cancel the licence, permit or pass either, –
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(a) on the expiration of fifteen day’s notice in writing of its intension to do so, or
(b) forthwith without notice, after recording its reasons in writing for doing so.
(2) When a licence, permit or pass is cancelled under sub-section (1), any security or advance
deposited by the holder of such licence, permit or pass shall stands forfeited as fine.
23. No right to renewal, or compensation:
No person to whom a licence, permit or pass has been granted under this Act shall have any
claim to the renewal of such licence, permit or pass, or any claim to compensation on the determination
thereof.
CHAPTER – V
LEVY OF DUTY
24. Levy of duty:
An excise duty and or a countervailing duty, as the case may be, at such rate or rates as the
Government may direct, may be imposed on–
(1) any exciseable article imported, or
(2) any exciseable article exported, or
(3) any exciseable article transported, or
(4) any exciseable article manufactured or bottled in any distillery, brewery, winery or bottling plant
established or kept in a bonded warehouse under licence under this Act.
Explanation:- Duty may be imposed on any article under this section at different rates according
to the purposes for which such article is intended to be used, according to the
places to which such article is to be removed for consumption or according to the
varying strengths, and quality of such article.
25. Mode of levy of duty:
Subject to such rules regulating the time, place and manner of the levy and collection of duty, as
may be prescribed, and duty imposed under Section 24 may be levied in any of the following ways:-
(1) on an exciseable article imported,–
(a) by payment upon or before import in Mizoram or in the State or Territories from which
the article is brought, or
(b) by payment before issue of transport permit at District offices;
(c) by payment upon issue for sale from distillery, brewery, winery, bottling plant and bonded
warehouse established under this Act;
(2) on an exciseable article exported  – by payment in Mizoram or in the State or Territory to which
the article is sent;
(3) on an exciseable article transported,–
(a) by payment in the district from which the article is sent, or
(b) by payment upon issue for sale from a distillery, brewery, winery, bottling plant or bonded
warehouse established under this Act,-
(4) (a) on liquor, wine or beer manufactured in any distillery, brewery, winery or bottling plant
established under this Act,
(b) in accordance with such scale or equivalence calculated on the quantity of materials used,
or by the degree of attenuation of the wash or wort, as the case may be, as the Government
may prescribed;
Provided that, where payment is made upon the issue of an exciseable article for sale from a
distillery, brewery, winery, bottling plant or bonded warehouse, it shall be at the rate of duty in force on
the date of issue of such article from such distillery, brewery, winery, bottling plant or bonded warehouse
established under this Act.
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26. Payment for grant of exclusive privilege:
Instead of, or in addition to, any duty leviable under this Act, the Government may accept
payment of a sum in consideration of the grant of any exclusive privilege under Section 9.
27. Grant of exemption from payment of excise duty:
The Government may, either wholly or partially, and subject to such condition as it may think fit
to prescribe, grant exemption to any holder of a licence from the payment of excise duty on import or
collection of any exciseable article from any distillery, brewery, winery, bottling plant or bonded
warehouse for any specified period or occasion according to the purposes for which such article is
intended to be used.
CHAPTER-VI
DEPARTMENTAL MANAGEMENT OR TRANSFER
28. Power of Commissioner to take grants under management, or to transfer them:
(1) If any holder of a licence, permit or pass granted under this Act contravenes any provision of
this Act or any  rule made thereunder, or makes default in complying with any condition imposed
upon him by such licence, permit or pass, after the cancellation of such licence, permit or pass,
the Commissioner may at any time–
(a) take over the management, at the risk and loss of the person to whom such licence,
permit or pass was issued;
(b) transfer the unexpired portion of the management at the risk and loss of that person to
any other person
(2) If any person to whom an exclusive privilege has been granted under Section 9 contravenes
any provision of this Act or any  rule made thereunder, or makes default in complying with any
condition imposed upon him by such privilege, the Commissioner may, at any time–
(a) take over the management, at the risk and loss of the person to whom such licence,
permit or pass was issued;
(b) transfer the unexpired portion of the management at the risk and loss of that person to
any other person.
CHAPTER-VII
PREVENTION, DETECTION, INVESTIGA TION AND TRIAL OF OFFENCES AND
PROCEDURE
29. Power to inspect places of manufacture, bottling plant, bonded warehouse, retail shop,
bar etc. and to seize utensils etc.:
Any of the following Officers, namely:–
(a) the Commissioner, or his subordinate officers, or
(b) any Excise & Narcotics Officer not below the rank of Inspector–
(i) may enter and inspect, at any time by day or night, any place in which any licenced
manufacturer carries on the manufacture of, or bottling, or stores any intoxicating liquor,
and
(ii) may enter and inspect, at any time by day or night, any place in which any intoxicating
liquor is sold or kept for sale by any licenced person; and
(iii) may examine the accounts, registers, passes and such other documents maintained, as
may be prescribed by the Government by rules made under this Act; and
(iv) may examine, test, measure or weight materials, stills, utensils, implements, apparatus or
intoxicating liquor found in any such place as aforesaid; and
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(v) may seize any intoxicating liquor, materials, stills, utensils, implements, apparatus referred
to in clause (i), clause (ii) or clause (iii)  together with any accounts, registers, passes and
other documents referred  to, or connected with those referred to in clause (iii) found in
any such place as aforesaid.
(vi) may examine or test and seize any measures, weights or testing instruments, found in
any such place as aforesaid, which he has reason to believe to be false.
3 0 . P o w e r o f e n t r y , s e a r c h , s e i z u r e a n d a r r e s t :
Any Excise & Narcotics Officer or Police Officer not below the rank of Assistant Sub-Inspector,
who has reason to believe, from personal knowledge or from information received from any person
that any liquor, material, utensil, implement or apparatus in respect of which an offence punishable
under this Act or the rules made thereunder is kept or concealed in any building, vehicle, vessel, or
enclosed place, may at any time during day or night –
(a) enter into any such building, vehicle, vessel or place and conduct search; and in case of resistance,
break open any door and remove any other obstacle to such entry;
(b) seized such liquor, material, utensil, implement, or apparatus, and any document or apparatus, or
other articles which may furnish  evidence of  the commission of the offence;
(c) detain, search and arrest any person whom he has reason to believe to have committed an
offence under this Act relating to liquor, material, utensil, implement or apparatus;
31. Power of seizure and arrest in public places:
Any officer of Excise & Narcotics and Police officer referred to in Section 30 of this Act may,
without warrant –
(a) seize, in any public place or in transit any liquor, material, utensil, implement or apparatus in
respect of which he has reasons to believe that an offence punishable under this Act or the
rules made thereunder, has been committed, and along with it, any document or other article
which may furnish evidence of the commission of the offence, and
(b) stop, rummage and search any vehicle, vessel or conveyance. If it becomes necessary to stop
the vehicle, vessel or conveyance, he may use all lawful means for stopping it.
(c) detain, search and arrest any person whom he has reason to believe to have committed an
offence under this Act.
32. Magistrate to try offences under the Act:
Any Magistrate having the power of the Judicial Magistrate of the first class shall try any
offence punishable under this Act.
33. Power to issue warrant of arrest and search:
Any magistrate of the first class may issue warrant of arrest of any person whom he has
reason to believe to have committed an offence punishable under this Act, or the rules made thereunder;
or,
for the search, whether by day or by night, of any buildings, vehicle, vessels or places in which
he has reason to believe that any liquor, material, utensil, implement, documents or apparatus, in
respect of which an offence punishable under this Act has been committed, is kept or concealed.
34. Power of investigation, prosecution, procedure for investigation and trial:
(1) The State Government may invest any Officer not below the rank of Assistant Sub-Inspector
of the Excise & Narcotics, the powers of an Officer-in-charge of a Police Station as mentioned
in clause (o) of Section 2 of Criminal Procedure Code, 1973 for the purposes of investigation
and prosecution of offences under this Act.
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(2) Save as otherwise expressedly provided in this Act, the provisions of the Code of Criminal
Procedure, 1973 shall apply to the investigation and trial of offences against this Act
35. Officers of Government, Members of Village/Local Council and Village Defence Party
are bound to give information:
Every Officer of the Government, every member of a Village/Local Council, and Village Defence
Party shall be bound to give immediate information to the nearest Excise & Narcotics or Police
Station of the commission of any offence and of the intention or preparation to commit any offence
under this Act which may come to his knowledge.
36. Arrest by private person or group of persons and procedure on such arrest:
Any private person or group of persons may arrest or cause to be arrested any person who
commits a non-bailable and cognizable offence under this Act, and, without unnecessary delay, shall
make over or cause to be made over any person so arrested to the Excise & Narcotics officer or
Police officer, or, in the absence of the Excise or Police officer, take such person or cause him to be
taken in custody to the nearest Excise & Narcotics Station or Police Station.
37. Landlords and other to give information:
Every person who owns or occupies any land or building, or who is a landlord of an estate or the
agent of such owner, occupier or landlord of the land, building or estate, as the case may be, in which
there has been any unlawful manufacture of any liquor or any owner of a vessel or vehicle in which
liquor is manufactured or carried on shall in the absence of reasonable excuse, be bound to give
information of the same to the Excise & Narcotics officer or Police officer immediately after the
same have come to his knowledge.
38. Report of arrest and seizure:
Any officer making an arrest or seizure under this Act shall, within twenty-four hours of such
seizure and arrest make a full report of all the particulars of such arrest or seizure to his immediate
official superior, and produce the arrested person before a magistrate. The time taken for the journey
from the place of seizure or arrest to the Court shall not, however, be counted.
39. Appointment of departmental officer as expert:
The State Government may appoint an officer or a class of officers in the Excise & Narcotics
Department and Police Department as expert for the purpose of analysis or examination of liquor.
40. Offences cognizable and non-bailable:
Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Act No. 2 of 1974) –
(a) every offence punishable under this Act shall be cognizable ;
(b) no person accused of an offence punishable for a term of imprisonment of three years or more
under this Act shall be released on bail or on his own bond unless –
(i) the prosecutor has been given an opportunity to oppose the application for such release,
and
(ii) where the Prosecutor opposes the application, the Court is satisfied that there are
reasonable grounds for believing that he is not guilty of such offence and that he is not
likely to commit any offence while on bail.
41. Excise & Narcotics and Police custody of articles seized:
(1) Officers-in-Charge of Excise & Narcotics or Police Stations shall take charge of and keep in
safe custody, pending the orders of a Magistrate, all persons arrested and all articles seized
under this Act and brought or delivered to them as the case may be.
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( 2 ) A l l sam p l e s so tak e n sh al l b e se al e d w i th th e se al o f th e O f f i c e r- i n - c h arg e o f th e E x c i se &
Narcotics or the Police Station as the case may be.
(3) Any Excise & Narcotics Station shall deem to be a Police Station as mentioned in clause (s) of
Section 2 of Criminal Procedure Code, 1973 for the purpose of investigation and prosecution of
the offences under this Act.
CHAPTER-VIII
PROHIBITIONS, OFFENCES AND PENALTIES
42. Prohibition of manufacture, transport, import, export, and consumption of liquor, except
under licence, permit or pass:
(1) No person, without licence, permit or pass under the Act, shall–
(a) transport, import, export, or possess liquor;
(b) sell or buy liquor;
(c) manufacture liquor;
(d) use or keep for use any material, utensil, implement or apparatus whatsoever for
manufacture of liquor; and
(e) construct any distillery, brewery, winery, bottling plant and bonded warehouse;
(2) No person shall consume liquor except on a permit granted under the provisions of this Act or
the rules made thereunder, as the case may be.
(3) No person shall consume liquor in public place.
(4) No person shall make nuisance under the influence of liquor.
(5) No person shall drive any motor vehicle while under the influence of liquor.
43. Punishment for contravention of Section 42:
(1) Whoever contravenes the provisions of sub-section (1) of Section 42 of this Act shall, on
conviction, be punished with imprisonment for a term of not less than six months which may
extend to five years and also with fine of not less than five thousand rupees which may extend
to ten thousand rupees;
(2) Whoever in contravention of the provisions of sub-section (2), (3), (4) or (5) of Section 42 of
this Act shall, on conviction, be punished with imprisonment for a term of not less than one
month which may extend to two years or with fine of not less than one thousand rupees which
may extend to five thousand rupees, or with both.
Provided that the trying magistrate may, after convicting the accused and in lieu of
imprisonment and fine, pass order by which the convict is released and is compelled to do social
work for not more than five working days under the supervision of the Excise & Narcotics
officer or Police officer as per the terms and conditions as may be passed by the trial court in
the order or prescribed in the rules.
Provided further that if the convict absconds or violates the terms and conditions passed
by the trial court in the order or the rules except on sufficient ground, he shall be liable to the
sentence prescribed in this sub-section.
(3) The permit of a person convicted or penalised under the provision of  sub-section (3), (4) or (5)
of Section 42 of this Act may be liable to be cancelled.
(4) Any registered medical practitioner shall be competent to examine and prove that a person has
consumed liquor or has been in a state of intoxication.
(5) Breath analyser may also be used for proof of liquor consumption.
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44. Punishment for illegal possession in small quantity for personal consumption of any
intoxicating liquor:
Whoever, in contravention of any provision of this Act, or any rule or order made or permit
issued thereunder, possess in a small quantity, any intoxicating liquor which is proved to have been
intended for his personal consumption and not for sale or distribution, or consume any intoxicating
liquor shall, notwithstanding anything contained in this Act, be punishable with imprisonment for a term
of not less than five days which may extend to one month with a fine of not less than five hundred
rupees which may extend to one thousand rupees or with both.
Explanation– (1) For the purpose of this section ‘small quantity’ means such quantity as may
be specified and notified by the Government in the Official Gazette.
(2) Where a person is shown to have been in possession of a small quantity of
intoxicating liquor, the burden of proving that is was intended for the personal
consumption of such person and not for sale or distribution, shall lie on such person.
45. Prohibition of alteration of denatured alcohol:
No person shall –
(a) alter or attempt to alter any denatured alcohol by dilution with water or by any method whatsoever,
with the intention that such alcohol may be used for human consumption, whether as beverage
or internally as a medicine or in any other way whatsoever; or
(b) have in his possession any denatured alcohol in respect of which he knows or has reason to
believe that such alteration or attempt has been made.
46. Punishment for alteration of denatured alcohol etc.:
Whoever contravenes the provisions of Section 45 of this Act shall be liable to be punished with
imprisonment for a term of not less than six months which may extend to five years and with fine of
not less than five thousand rupees which may extend to ten thousand rupees.
In prosecution for an offence under this section, it shall be presumed, until the contrary is
proved, that the alteration or attempt to alter any denatured alcohol, or possession of denatured alcohol
was done with the intention that such alcohol may be used for human consumption as intoxicating
liquor.
47. Penalty for selling spurious liquor:
Whoever sells or keeps spurious liquor shall be punishable with imprisonment of not less than
three months which may extend to three years and fine of not less than five thousand rupees which
may extend to ten thousand rupees.
48. Prohibition of mixing other substance with liquor:
Whoever mixes or permits to be mixed any drugs or any foreign ingredient with any liquor sold
or manufactured or possessed by him which may cause disability or unconciousness or hurt shall be
punishable with imprisonment for a term of not less than six months which may extend to five years
and with fine of not less than five thousand rupees which may extend to ten thousand rupees.
49. Punishment for allowing premises to be used for the commission of an offence:
Whoever being the owner or occupier or having the use of any house, room enclosure, space,
vessel, compound, place or vehicle, knowingly permits it to be used for the commission, by any other
person, of an offence punishable under this Act or the rules made thereunder shall be liable to be
punished with imprisonment for a term of not less than three months which may extend to three years,
or with fine of not less than two thousand rupees which may extend to five thousand rupees, or with both;
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50. Possession of intoxicating liquors not obtained from a licenced vendor prohibited:
(1) No person shall have in his possession any intoxicating liquor which has not been obtained from
a licenced vendor.
(2) Sub-section (1) shall not apply to –
(a) any intoxicating liquor lawfully deposited or kept in a distillery, brewery, winery, bonded
warehouse or other place of storage  under this Act, or
(b) any intoxicating liquor lawfully in the possession of a licenced vendor, or
(c) any intoxicating liquor in the possession of a person who has lawfully imported it, or who
is authorized by the Commissioner or any officer authorised by him to possess it, or
(d) any liquor in the possession of any common carrier or warehouseman as such, or purchased
at a sale authorized under the Act.
51. Penalty for misconduct by permit holder:
Whoever, being the holder of a permit, licence, pass or authorization granted under this Act, or
a person in the employment of such holder of permit, licence, pass or authorization, while in transit–
(a) fails to produce such permit, licence, pass or authorization on demand by the Excise & Narcotics
or Police Officer of the rank of Assistant Sub-Inspector and above, or
(b) willfully does or omits to do anything in contravention of any rule, or order made under this Act
shall be liable to be punished with imprisonment for a term of not less than one month which
may extend to one year or with fine of not less than two thousand rupees which may extend to
ten thousand rupees, or with both.
The licence, permit, pass or authorisation of such offender shall be liable for cancellation, by the
issuing authority
52. Attempt to commit offence under this Act:
Whoever attempts to commit any offence punishable under this Act shall be liable to the
punishment provided for such offence.
53. Punishment for obstruction etc.:
Whoever obstructs, assaults or threatened to assault or attempts to obstruct or disobeys  any
personnel of Excise & Narcotics or Police Department in the discharge of his official duties shall be
punishable with imprisonment for a term of not less than three months which may extend to three
years and with fine of not less than two thousand rupees which may extend to five thousand rupees.
54. Abetments:
Whoever abets an offence punishable under this Act shall, whether such offence be or be not
committed, in consequence of such abetment, be punished with the punishment provided for the
offence.
55. Penalty for maliciously giving false information:
Any person who maliciously and falsely gives information to any person exercising powers
under this Act leading to a search, seizure, detention or arrest shall, on conviction, be punished with
imprisonment for a term of not less than one month which may extend to one year or with fine of not
less than five hundred rupees which may extend to two thousand rupees or with both.
56. Employment of children under eighteen years by any licensee is prohibited:
No person who is licenced to manufacture, bottle and sell foreign liquor, wine or country liquor
shall employ or permit to be employed, either with or without remuneration, any person under the age
of eighteen years in any part of such premises.
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57. Penalty for adulteration by licenced manufacturer, bottler, bonded warehouse owner,
or vendor or his servant:
If any licenced manufacturer, bottler, bonded warehouse owner, or vendor, or any person in his
employment and acting on his behalf adulterates liquor with any other substance or has in his possession
any adulterated liquor, if convicted, he shall be liable to imprisonment for a term of not less than two
months which may extend to two years, or to fine of not less than two thousand rupees which may
extend to five thousand rupees, or with both.
58. Penalty for certain unlawful acts of licenced vendors or their servants:
(1) If any licenced vendor, or any person in his employment and acting on his behalf,–
(a) sells any intoxicating liquor to a person who is drunk or intoxicated; or
(b) sells or delivers any liquor to any person apparently under the age of eighteen years,
whether for consumption by such person or by any other person, and whether for
consumption on or off the premises of such vendor, or
(c) permits drunkenness, intoxication, create nuisance or gambling on the premises of such
vendor;
he shall be liable to imprisonment for a term of not less than one month which may
extend to one year, or fine of not less than five hundred rupees which may extend to two
thousand rupees, or with both.
The licence, permit or pass of such offender shall be liable to cancellation by the issuing
authority.
(2) When any licenced vendor, or any person in his employment and acting on his behalf, is charged
with permitting drunkenness or intoxication on the premises of such vendor and it is proved that
any person was drunk or intoxicated on such premises, it shall lie on the person charged to
prove that the vendor and the persons employed by him took all reasonable steps for preventing
drunkenness or intoxication on such premises.
59. Penalty for possession of unlawfully imported, exported, transported and manufactured
intoxicating liquor, etc.:
If any person, without lawful authority, has in his possession any quantity of any intoxicating
liquor, knowing the same to have been unlawfully imported, transported or manufactured; or knowing
that the prescribed duty has not been paid thereon, he shall be liable to imprisonment for a term of not
less than six months which may extend to five years and shall also be liable to fine of not less than five
thousand rupees which may extend to ten thousand rupees.
60. Penalty for failing to produce licence, permit or pass by licensee or his servant:
If any holder of a licence, permit or pass granted under this Act or any person in the course of
his employment  a

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