LexThe Telangana Prohibition Act, 1995.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA PROHIBITION ACT, 1995.
(ACT NO. 17 OF 1995)
ARRANGEMENT OF SECTIONS
Sections
CHAPTER - I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
CHAPTER - II
ESTABLISHMENT AND CONTROL
3. Appointment of Commissioner.
4. General control of Commissioner over Collectors.
5. Officers and staff.
6. Delegation.
CHAPTER - III
PROHIBITION AND PENALTIES
7. Prohibition of selling, buying and consumption of
liquor.
7A. Prohibition of production etc., of arrack.
8. Punishment for buying, selling, consumption of liquors.
9. Punishment for being found in a state of intoxication.
10. Punishment for abetment of escape of persons
arrested, etc.
11. Punishments for offences not otherwise provided for.
11-A. Grant of bail.
11-B. Compounding of Offences.
12. Things liable to confiscation.
2 [Act No. 17 of 1995]
13. Confiscation of things by Prohibition and Excise
Officers in certain cases.
13A. Issue of show cause notice.
13B. Order of confiscation in the absence of offender.
13C. Appeal.
13D. Order of confiscation not to interfere with other
punishments.
13E. Bar of Jurisdiction.
13F. Property confiscated when to vest in Government.
14. Police to take charge of article seized.
CHAPTER - IV
REGULATION OF MANUFACTURE, TRADE ETC. OF
LIQUOR.
15. Regulation of liquor other than arrack.
CHAPTER - V
DETECTION, INVESTIGATION AND TRIAL OF
OFFENCES.
17. Issue of search Warrants.
18. Powers of entry without search warrant.
19. Power of entry and inspection.
20. Power to use force in case of resistance to entry.
21. Arrest of offenders and seizure of contraband liquor
and articles without warrant.
22. Arrest of persons refusing to give name or giving false
name.
23. Arrest, search etc., how to be made.
24. Power to Prohibition and Excise Officer in matters of
investigation.
[Act No. 17 of 1995] 3
25. Cognizance and trial of offences.
25A. Enhanced punishment after previous conviction.
26. Punishment for vexatious search of arrest.
CHAPTER - VI
MISCELLANEOUS
27. Omitted.
28. Duty of officials of all Departments and local bodies to
assist.
29. Offences to be reported, etc.,
30. Protection of action taken under this Act.
31. Overriding effect.
31A. Power to remove difficulties.
32. Savings.
32A. Transitional provision.
33. Power to make Rules.
34. Amendment of Act 17 of 1968.
35. Omitted.
THE TELANGANA PROHIBITION ACT, 1995.1
ACT No.17 OF 1995.
CHAPTER - I
PRELIMINARY
1. This Act may be called the 2Telangana Prohibition Act,
1995.
(2) It extends to the whole of the State of 2Telangana.
(3) It shall come into force on such date as the
Government may, by notification, appoint.
2. In this Act, unless the context otherwise requires,–
3[(1) „arrack‟ means country liquor including arrack
brewed, coloured, flavoured or spiced;]
4[(1A)] „buy‟ or „buying‟ includes any receipts including
gift;
(2) „Collector‟ means the Collector of a district and
includes the joint Collector or any person appoint ed by the
Government to exercise the powers and perform the
functions of a Collector under this Act;
1. The Andhra Pradesh Prohibition Act, 1995 received the assent of the
President on the 17 th February, 1995. The said Act in force in the
combined State, as on 02.06.2014, has been adapted to the State of
Telangana, under section 101 of the Andhra Pradesh Reorganisation
Act, 2014 (Central Act 6 of 2014) vide. the Notification issued in
G.O.Ms.No.6, Revenue (Excise-II) Department, dated 06.01.2016.
2. Substituted by G.O.Ms.No.6, Revenue (Excise -II) Department, dated
06.01.2016.
3. Inserted by Act No.5 of 1997.
4. Renumbered as (1A) by Act No.5 of 1997.
Short title, extent
and
commencement.
Definitions.
2 [Act No.17 of 1995]
(3) „Commissioner‟ means the Commissioner of
Prohibition and Excise appointed under section 3 of the
5Telangana Excise Act, 1968;
(4) „foreign liquor ‟ includes every liquor imported into
India, other than [Indian Made Foreign Liquor];
(5) „Government‟ means the State Government;
(6) *„[Indian made Foreign Liquor] ‟ means liquor
produced, manufactured or compounded in India after the
manner of gin, brandy, whisky or rum imported from foreign
countries and includes „milk punch‟ and other liquors
consisting of or containing any such spirits, but does not
include foreign liquor;
6[(7) „liquor‟ includes,-
(a) spirits of wine, denatured spirits, methylated
spirits, rectified spirits, wine, beer, toddy and every liquid
consisting of or containing alcohol; and
(b) any other intoxicating substance which the
Government may, by notification, declare to be liquor for the
purposes of this Act;]
(8) „local body ‟ means any Municipal Corporation
Municipality, Notified Area, Gram Panchayat , Mandal Praja
Parishad, Zilla Praja Parishad, Township or a Cantonment
constituted under the relevant law for the time being in
force;
5. Adapted in G.O.Ms.No.162, Revenue (Excise-II) Department, dated
10.09.2015.
. Throughout the Act for the words “Indian Liquor” the words “Indian
Made Foreign Liquor” substituted by Act No.17 of 2006.
6. Substituted by Act No.5 of 1997.
Act 17 of 1968.
[Act No.17 of 1995] 3
(9) „notification‟ means a notification published in the
7Telangana Gazette and the term „notified‟ shall be
construed accordingly;
(10) „place‟ includes an open place, a house, club,
shed, enclosure, building, shop, tent, vessel, raft and
vehicle;
(11) „police station‟ includes any place which the
Government may, by notification, declare to be a police
station for the purpose of this Act;
(12) „prescribed‟ means prescrib ed by rules made
under this Act;
(13) „Prohibition Officer ‟ means the Commissioner, a
Collector or any Officer or other person to whom the
Commissioner or the Collector delegates his powers or
functions under section 6;
(14) „sale‟ or „selling‟ includes any transfer including
gift;
8[(15) [XXX]]
(16) words and expressions used in this Act but not
defined shall have the meanings assigned to them in the
9Telangana Excise Act, 1968.
7. Substituted by G.O.Ms.No.6, Revenue (Excise -II) De partment, dated
06.01.2016.
8. Omitted by Act No.35 of 1995.
9. Adapted in G.O.Ms.No.162, Revenue (Excise -II) Department, dated
10.09.2015.
Act 17 of 1968.
4 [Act No.17 of 1995]
CHAPTER – II
ESTABLISHMENT AND CONTROL
3. The Commissioner of Prohibition and Excise for the
State appointed under section 3 of the 10Telangana Excise
Act, 1968 shall, subject to the general or special orders of
the Government in this behalf, be, the Chief controlling
authority in all matters connected with the administration of
this Act.
4. The Collector shall exercise the powers and perform
the functions assigned by or under this Act subject to the
general control of the Commissioner.
5. The officers and staff referred to in section 5 of the
10Telangana Excise Act, 1968 shall be deemed to be officers
and staff appointed also for the purposes of giving effect to
this Act and for this purpose it shall be competent for the
Government to give such directions and to make such rules
as they may deem f it with regard to their powers and
functions.
6. For purposes of giving effect to this Act, the
Commissioner, 11[the Collector, the Assistant Commissioner
of P rohibition and Excise] or the Prohibition and Excise
Superintendent may, by order, delegate to any officer
subordinate to him any of the powers conferred on or
functions entrusted to the Commissioner, 11[the Collector,
the Assistant Commissioner of Prohibition and Excise] or
the Prohibition and Excise Superintendent b y or under this
Act, subject to such restrictions and control as may be
prescribed, and subject all of such limitations and
conditions, if any, as may be specified in the order of
delegation.
10. Adapted in G.O.Ms.No.162, Revenue (Excise -II) Department, dated
10.09.2015.
11. Substituted by Act No.35 of 1995.
Appointment of
Commissioner.
Act 17 of 1968.
General control of
Commissioner
over Collectors.
Officers and staff.
Act 17 of 1968.
Delegation.
[Act No.17 of 1995] 5
CHAPTER-III
PROHIBITION AND PENALTIES
7. The s elling, buying being in possession and
consumption of liquor, otherwise than in accordance wi th
the provisions of this Act, or as the case may be, the
12Telangana Excise Act, 1968 is hereby prohibited.
13[7A. The production, manufacture, storage, possession,
collection, purchase, sale and transport of arrack is hereby
prohibited.]
8. Whoever,-
(a) 14[xxx] consumes any liquor except 15[in accordance
with the provisions of this Act or the 12Telangana Excise Act,
1968] or the terms of any rule, notification , order, licence or
permit issued thereunder shall be punished with
imprisonment for a term which may extend upto six months
or with fine which may extend upto one thousand rupees or
with both;
(b) 16[possesses, collects, buys ,] 15[sells, transports,
produces or manufactures any liquor other than a rrack
except in accordance with the provisions of the 12Telangana
Excise Act, 1968 or the terms of any rule, notification, order,
licence or permit issued thereunder] shall be punished,-
(i) where the liquor involved in the offence is less than
such quantity as may be notified in this behalf with
imprisonment for a term which shall not be less than six
12. Adapted in G.O.Ms.No.162, Revenue (Excise -II) Department, dated
10.09.2015.
13. Substituted with marginal heading by Act No.5 of 1997.
14. Omitted (buys) by Act No.35 of 1995.
15. Substituted by Act No.5 of 1997.
16. Substituted by Act No.35 of 1995.
Prohibition of
selling, buying
and consumption
of liquor.
Act 17 of 1968.
Punishment for
buying, selling,
consumption of
liquors.
Prohibition of
production etc., of
arrack.
6 [Act No.17 of 1995]
months but which may extend upto 17[three years or] 18[with
fine which shall not be less than rupees ten thousand or
shall not be less than thrice th e value of the liquor involved
in the offence whichever is higher but which may extend
upto six times the value of such liquor, such value being
arrived at in the manner prescribed], 19[or with both;]
(ii) where the liquor involve d in the offence is not less
than the quantity notified as aforesaid with imprisonment for
a term which shall not be less than one year but which may
extend upto five years and 18[with fine which s hall not be
less than rupees twenty thousand or shall not be less than
thrice the v alue of the liquor involved in the offence
whichever is higher but which may extend upto six times the
value of such liquor, such value being arrived at in the
manner prescribed;]
20[XXX]
21[(iii) where the commission of any offence either
under sub-clause (i) or sub-clause (ii) is abetted, the abettor
shall be liable for punishment 18[with imprisonment of either
description and with fine as provided therein.]]
(c) having obtained a licence or permit granted under
the 22Telangana Excise Act , 1968, 23[sells any liquor other
than arrack] otherwise than in accordance with the
provisions of this Act or terms or any rule, notification, order,
licence or permit issued thereunder shall be puni shed with
17. For “three years and with fine” s ubstituted “three years or with fine”
by Act No.17 of 2000.
18. Substituted by Act No.10 of 1996.
19. Substituted by Act No.17 of 2000.
20. Proviso added by Act No.10 of 1996 is omitted by Act No.17 of 2000.
21. Sub-clause (iii) inserted by Act No.35 of 1995.
22. Adapted in G.O.Ms.No.162, Revenue (Excise -II) Department, dated
10.09.2015.
23. Substituted by Act No.5 of 1997.
Act 17 of 1968.
[Act No.17 of 1995] 7
imprisonment for a term which may extend upto six months
or with fine which may extend upto rupees one thousand or
with both;
(d) allows consumption of 24[arrack] upon premises in
his immediate possession shall be punished with
imprisonment for a term which may extend upto 25[three
years or with fine which may extend upto ten thousand
rupees] or with both.
26[(e) contravenes the provisions of section 7A shall on
conviction be punished with imprisonment for a term which
shall not be less than one year but which may extend upto
five years and with fine which shall not be less than rupees
ten thousand but which may extend upto rupees one lakh.]
9. Whoever is found in a state of intoxication in and public
place 24[otherwise than as permitted under any law] shall be
25[punishable with imprisonment which shall not be less
than two months but which may extend upto 27[one year or
with fine] which may extend upt o two thousand rupees] or
with both.
28[Explanation:- For the purpose s of this section
“intoxication” means a state of mind and behaviour in which
a person is incapable of knowing the nature of his actions or
incapable of judging the consequences thereof by reason of
intoxication.]
10. Any officer or person exercising powers under this Act,
who,-
24. Substituted by Act No.5 of 1997.
25. Substituted by Act No.35 of 1995.
26. Clause (e) added by Act No.35 of 1995.
27. Substituted for “one year and with fine” by Act No.17 of 2000.
28. Added by Act No.35 of 1995.
Punishment for
being found in a
state of
intoxication.
Punishment for
abetment of
escape of persons
arrested, etc.
8 [Act No.17 of 1995]
(a) unlawfully releases or abets the escape of any
person arrested under this Act, or 29[XXX]
(b) acts in any manner inconsistent with his duty for the
purpose of enabling any person to do anything where by
any of the provisions of this Act may be evaded or broken
29[XXX] shall be punished with imprisonment which may
extend upto six months or with fine which may extend up to
five hundred rupees or with both.
11. Whoever is guilty of any wilful act or intentional
omission in contravention of any of the provisions of this Act
or of any rule, notification or order made thereunder and not
otherwise provided for in this Act, shall be punishable with
fine which may extend upto five hundred rupees.
30[11-A. Notwithstanding anything contained in the Code of
Criminal Procedure , 1973 no Court shall grant any bail to
any person accused of an offence under sub -clause (i ) or
sub-clause (ii) or sub -clause (iii) of clause (b) or under
clause (e) of section 8 unless the prosecuting officer is given
an opportunity to oppose the application and the Court shall
record reasons while granting the bail.]
31[11-B. (1) The Collector or any Prohibition and Excise
Officer specially empowered in that behalf may accept from
any perso n who is reasonably suspected o f having
committed an offence falling under clause (a) or sub -clause
(i) of clause (b) or the proviso to sub -clause (ii) of clause (b)
as it was in force, of section 8 or section 9, a sum of money
as may be prescribed but not exceeding the maximum fine
which can be imposed for the offence under the provisions
of the Act, by w ay of compensation for the offence which
may have been committed and in all cases in which any
29. Omitted by Act No.35 of 1995.
30. Section 11-A inserted with marginal heading by Act No.35 of 1995.
31. Inserted with marginal heading by Act No.17 of 2000.
Punishments for
offences not
otherwise
provided for.
Grant of bail.
Central Act II of 1974.
Compounding of
Offences.
[Act No.17 of 1995] 9
property has been seized as liable for confiscation under
this Act, may release the same on payment of the value
thereof as estimated by such officer:
Provided that where the property so seized is a liquor
produced or manufactured in contravention of this Act, such
liquor shall not be released but shall be disposed of in s uch
manner as may be prescribed:
Provided further that such sum of money shall not be
accepted from any person who is reasonably suspected of
having committed an offence under sub -clause (i) of clause
(b) of section 8 without the prior approval of the
Commissioner of Prohibition and Excise.
(2) On the payment by the person the sum of money o r
the value or both, as the case may be, such person, if in
custody shall be set at liberty, and all the property seized
may be released and no proceedings shall be instit uted or
continued against such person in any Criminal Court. The
acceptance of compensation shall be deemed to amount to
an acquittal and in no case any further proceedings be
taken against such person or prope rty with reference to the
same act.]
12. Without prejudice to the powers of the Excise Officers
under section 46 of the 32Telangana Excise Act, 1968 in case
in which an offence has been committed against this Act,
liquor by means of which the offence has been committed
shall be liable to confiscat ion along with the receptacles ,
package, coverings, animals, vessels, carts or other vehicles
used to hold or carry the same.
32. Adapted in G.O.Ms.No.162, Revenue (Excise -II) Department, dated
10.09.2015.
Things liable to
confiscation.
Act 17 of 1968.
10 [Act No.17 of 1995]
33[13. (1) Notwithstanding anything contained in this Act or
in any other law for the time being in force where , anything
liable for confiscation under section 12 is seized and
detained under the provisions of this Act, the officer seizing
and detaining such property shall without any unreas onable
delay, produce the said seized property before the Deputy
Commissioner of Prohibition and Excise who has jurisdiction
over the area.
(2) On production of the said seized property under
sub-section (1), the Deputy Commissioner of Prohibition
and Ex cise if satisfied that an offence under this Act has
been committed may whether or not a prosecution is
instituted for the commission of such an offence, order
confiscation of such property:
34[Provided that the Deputy Commissioner of
Prohibition and Exci se specially empowered in that behalf
may accept such sum of money as may be prescribed in
lieu of confiscation and release the animals or vessels or
carts or other vehicles reasonably suspected of involvement
in any offence falling under sub -clause (i) of clause (b) of
section 8 of this Act.]
(3) while making an order of confiscation under sub -
section (2), the Deputy Commissioner of Prohibition and
Excise may also order that such of the properties to which
the order of confiscation relates which in his o pinion need
not be preserved; or are not fit for human consumption be
destroyed.
(4) Where the Deputy Commissioner of Prohibition and
Excise after passing an order of confiscation under sub -
section (2) is of the opinion that it is expedient in public
33. Section 13 substituted with sections 13 to 13F along with marginal
headings by Act No.35 of 1995.
34. Added by Act No.17 of 2000.
Confiscation of
things by
Prohibition and
Excise Officers in
certain cases.
[Act No.17 of 1995] 11
interest so to do, he may order the confiscated property o r
any part thereof to be sold by public auction or dispose of
departmentally.
(5) The Deputy Commissioner of Prohibition and
Excise shall submit a full report of all particulars of
confiscation to th e Commissioner of Prohibition and Excise
within twenty four hours of such confiscation.
(6) The Deputy Commissioner of Prohibition and
Excise shall, for purposes of this Act , have the same powers
as are ve sted in a C ivil Court under the Code of Ci vil
Procedure, 1908 when making enquiries under this section
in respect of the following matters, namely:-
(a) receiving evidence on affidavits;
(b) summoning and enforcing the attendance of any
person and examining him on oath; and
(c) compelling the production of documents.
13A. No order of confiscation of any property shall be made
under section 13 unless the person from who m the said
property is seized,-
(a) is given a notice in writing informing him of the
grounds on which it is propo sed to confiscate such
property; and
(b) is given an opportunity of making a representation
in writing within such reasonable time as may be specified
in the notice.
13B. When an offence under this Act has been committed
but the offender is not known or cannot be found, or when
anything liable to confiscation under this Act, and not in the
Central Act 5 of 1908.
Issue of show
cause notice.
Order of
confiscation in the
absence of
offender.
12 [Act No.17 of 1995]
possession of any person cannot be satisfactorily
accounted for, the Assistant Commissio ner of Prohibition
and Excise or the Prohibition and Excise Superintendent
may by order confiscate such property:
Provided that no such order sh all be made until the
expiration of one month, from the d ate of seizing the goods
intented to be confiscated.
13C. Any person aggrieved by an order passed by the
Deputy Commissioner of Prohibition and Excise under
section 13 may, within sixty days from the date of passing
such order, appeal to the Commissioner of Prohibition and
Excise, who may after giving reasonable opportunity to the
appellant pass such orders as he deems fit.
13D. The order of confiscation under sub -section (2) of
section 13 or section 13B shall not prevent from initiation of
criminal proceedings against the accused under this Act.
The result of criminal proceedings either acquittal or
conviction or otherwise under the provisions of this Act, will
have no bearing on the order of confiscation passed under
this Act.
13E. Notwithstanding anything contained in the Code of
Criminal Procedure, 1973 when the Deputy Commissioner
of Prohibition and Excise or the appellate authority is seized
with the matter under this Act, no Court shall entertain any
application in respect of liquor, any receptacle, package,
covering, any animal, cart, vehicle or other conveyance
used in carrying such liquor as far as its release, or
confiscation is concerned and the jurisdiction of the Deputy
Commissioner of Pr ohibition and Excise or the appellate
authority with regard to the disposal of the same shall be
exclusive.
Appeal.
Order of
confiscation not to
interfere with
other
punishments.
Bar of jurisdiction.
Central Act II of 1974.
[Act No.17 of 1995] 13
13F. When an order for confiscation of any property has
been passed under section 13 or section 13B and such
order has become final in respect of the whole or any
portion of such property, such p roperty or portion thereof,
as the case may be, shall vest in Government free from all
encumbrances.]
35[14. All officers in charge of police stations shall take
charge of and keep in safe cus tody under seal all artic les
seized under this Act along with samples which shall also be
sealed with the seal of the officer in charge of the police
station. The seized property including vehicles involved shall
be produced before the Deputy Commissioner of Prohibition
and Excise having jurisdiction, to take ac tion in accordance
with the procedure specified in section 13.]
36[CHAPTER- IV
Regulation of manufacture, trade etc. of liquor.
15. The production, manufacture, storage, possession,
collection, purchase, sale and transport of liquor other than
arrack and all other matter s connected therewith shall be
regulated in accordance with the provisions of the
37Telangana Excise Act, 1968 or the 38Telangana (Regulation
of Trade in *[Indian Made Foreign Liquor], Foreign Liquor )
Act, 1993, as the case may be and the rules and
notifications and orders issued thereunder.]
CHAPTER-V
DETECTION, INVESTIGATION AND TRIAL OF OFFENCES.
35. Substituted with marginal heading by Act No.35 of 1995.
36. Chapter IV consisting of s ections 15 and 16 substituted by Act No.
5 of 1997, consisting of section 15.
37. Adapted in G.O.Ms.No.162, Revenue (Excise -II) Department, dated
10.09.2015.
38. Adapted in G.O.Ms.No.7, Revenue (Excise -II) Dep artment, dated
06.01.2016.
Property
confiscated when
to vest in
Government.
Police to take
charge of article
seized.
Regulation of
liquor other than
arrack.
Act 17 of 1968.
Act 15 of 1993.
14 [Act No.17 of 1995]
39[17. (1) If any Collector, Prohibition Officer or Magistrate
upon information obtained after such inquiry as he thinks
necessary, has reason to believe that an offence under
section 7, section 7A or section 8 has been committed, he
may issue a warrant for a search for any liquor, ma terials,
still, utensil, implement or apparatus in respect of which the
alleged offence has been committed. Any person who has
been entrusted with the execution of such a warrant may
detain and search, and if he thinks proper, arrest any person
found in th e place searched, if he has reason to believe
such person to be guilty of any offence under this Act and
also seize an d detain any excisable or other articles which
he has reason to believe to be liable to confiscation under
this Act.]
18. Whenever, a Collector, any Prohibition Officer or any
Police Officer, 40[not below the rank of a Sub -Inspector], any
officer in charge of a Police Station, has reason to believe
that an offence under 40[section 7, s ection 7A or section 8]
has been committed and that the delay occasioned by
obtaining search warrant under section 17 will prevent the
execution there of, he may, after recording the reasons and
the grounds of his belief, at any time by day or night enter
and search any place and may seize anything found therein
which he has reason to believe to be liable to confiscation
under this Act; and may detain and search and, if he thinks
proper, arrest any person found in such place whom he has
reason to believe to be guilty of any offence u nder this Act
and also seize and detain any excisable or other article
which he has reason to believe to be liable to confiscation
under this Act.
41[XXX]
39. Section 17 substituted with marginal heading by Act No.35 of 1995.
40. Substituted by Act No.35 of 1995.
41. Proviso omitted by Act No.35 of 1995.
Issue of Search
Warrants.
Powers of entry
without search
warrant.
[Act No.17 of 1995] 15
19. The Collector, any Prohibition Officer or any Police
Officer, 42[not below the rank of a Sub-Inspector] may enter
and inspect at any time by day or by night, any place in
which it is reasonably suspected,-
(a) that any liquor is kept for sale or stored 43[otherwise
than in accordance with the provisions of the 44Telangana
Excise Act, 1968, and the rules made thereunder]; or
(b) that an offence under 42[section 7, section 7A or
section 8] is being committed;
and may examine, test, measure or weigh any material,
still, utensil, implement, apparatus or liquor found in such
place.
20. If any officer empowered to make an entry under
sections 17, 18 and 19 cannot otherwise make such entry, it
shall be lawful for him to break open any outer or inner door
or window and to remove any other obstacles to his entry
into any such place.
21. Any Prohibition Officer or any Police Officer, 42[not
below the rank of a Sub-Inspector],-
(a) may arrest without warrant any person found
committing an offence punishable under 42[section 7,
section 7A, section 8 or section 9];
(b) may seize and detain any liquor or other article
which he has reason to believe to be liable to confiscation
under this Act; and
42. Substituted by Act No.35 of 1995.
43. Added by Act No.5 of 1997.
44. Adapted in G.O.Ms.No.162, Revenue (Excise -II) Department, dated
10.09.2015.
Power of entry
and inspection.
Act 17 of 1968.
Power to use
force in case of
resistance to
entry.
Arrest of offenders
and seizure of
contraband liquor
and articles
without warrant.
16 [Act No.17 of 1995]
(c) may search any person , vessel, vehicle, animal,
package, receptacle or covering, upon whom or in which,
he may have reasonable cause to suspect any such liquor
or other article or to be concealed.
22. Any person, who may be accused or reasonabl y
suspected of committing an offence under this Act, and who
on demand m ade by any Prohibition Officer o r any Police
Officer 45[not below the rank of a Sub -Inspector] refuses to
give his name and residence or who gives a name or
residence which such officer has reason to believe to be
false, may be arrested by such Officer in order that his name
and residence may be ascertained.
23. Any person arrested under this Act, shall be informed,
as soon as may be of the grounds for such arrest and save
as otherwise expressly provided in this Act, the provisions of
the Code of Criminal Procedure, 1973, relating to arrests,
detention in cus tody, searches, summons, warrants of
arrests, search warrants, the production of persons arrested
and the disposal of thing s, seized shall apply, as far as may
be, to all actions taken in these respects under this Act.
24. (1) Any Prohibition and Excise Officer 45[not below the
rank of a Sub -Inspector] may, as regards offences under
this Act, exercise within such area as may be notified in this
behalf, powers conferred on an Officer incharge of a police
station by the provision of Code of Criminal Procedure,
1973:
Provided that any such power shall be subject to such
restrictions and modifications, as may be prescribed.
(2) For the purposes of secti on 156 of the said Code
the area in regard to which a Prohibition and Excise Officer
45. Substituted by Act No.35 of 1995.
Arrest of persons
refusing to give
name or giving
false name.
Arrest, search
etc., how to be
made.
Central Act II of 1974.
Power to
Prohibition and
Excise Officer in
matters of
investigation.
Central Act II of 1974.
[Act No.17 of 1995] 17
is empowered under sub section (1) shall be deemed to be
a police station and such officer shall be deemed to be the
officer-in-charge of such station.
25. Notwithstanding anything c ontained in the code of
Criminal Procedure 1973, all offences under this Act, shall
be cognizable and provisions of the sa id code with respect
to cognizable offences shall apply to them:
46[Provided that the offences punishable with
imprisonment for a term not exceeding two years under this
Act shall be tried in accordance with the procedure
prescribed in Chapter XXI of the C ode of Criminal
Procedure, 1973.]
47[25A. If any person after having been previously
convicted of an offence punishable under this Act,
subsequently commits and is convicted of an offence
punishable under this Act, he shall be liable upto twice the
punishment which might be imposed on the first co nviction
under this Act.]
26. Any officer or person e xercising powers under this Act
who,-
(a) without reasonable ground of suspicion enters or
searches or causes to be searched any closed place; or
(b) vexatiously and unnecessarily seizes the property
of any person on the pretence of seizing or searching for
anything liable to confiscation under this Act; or
(c) vexatiously and unnecessarily detains, searches or
arrests any person; or
46. Marginal heading substituted and proviso added to section 25 by
Act No.10 of 1996. The said proviso is substituted by Act No.5 of 1997.
47. Section 25A inserted with marginal heading by Act No.10 of 1996.
46[Cognizance
and trial of
offences.]
Central Act II of 1974.
Enhanced
punishment after
previous
conviction.
Punishment for
vexatious search
of arrest.
Central Act II of 1974.
18 [Act No.17 of 1995]
(d) maliciously and falsely lays information leading to a
search, seizure, detention or arrest; or
(e) in any other way maliciously exceeds his lawful
powers,
shall be punished with imprisonment which may extend
upto six months, or with fine which may extend upto fi ve
hundred rupees or with both.
CHAPTER - VI
MISCELLANEOUS
48[27. [XXX]]
28. Officials of all departments of the Government and of
all local bodies shall be legally bound to assist any
Prohibition or Police Officer in carr ying out the provisions of
this Act.
29. Every Official emplo yed by the Government or by any
local body other than a Police or, any Prohibition and Excise
Officer shall be bound to give immediate information at the
nearest police station or to a Prohibition and Excise Officer
of all breaches of any of the provisions of this Act which may
come to his knowledge and all such officials shall be bound
to take all reasonable measures in their power to prevent the
commission of any such breaches which they may know or
have reason to believe are about or likely to be committed.
30. No suit or other legal proceedings shall lie against the
Government or any officer or any other person empowered
to exercise powers or to perform the functions under this Act
for anything in good faith done or intended to be done
under this Act.
48. Omitted by Act No.5 of 1997.
Duty of officials of
all Departments
and local bodies
to assist.
Offences to be
reported, etc.,
Protection of
action taken
under this Act.
[Act No.17 of 1995] 19
31. Save as otherwise provided , the provisions of this Act
shall hav e effect, not withstanding anything in consistent
therewith contained in the provisions of the 49Telangana
Excise Act, 1968 and the rules made thereunder for the time
being in force.
50[31A. (1) If any difficulty arises in giving effect to the
provisions of this Act, the Government may make such
orders not inconsistent with the provisions of this Act, as
appear to them to be necessary or expedient for the
purpose of removing the difficulty:
Provided that no such order shall be made after the
expiration of two years from the commencement of this Act.
(2) Every order made under this section shall, as soon
as may be after it is made, be laid down before the
Legislature of the State.]
32. Nothing in this Act shall be deemed to preclude,-
(a) the 51[Telangana State Beverages Corporation
Limited / Agency] to c arry on trade in liquor in accordance
with rules made in this behalf;
(b) the buying and selling of liquor carried on by the
military canteens in the State under any licence granted in
accordance with the provisions of th e 49Telangana Excise
Act, 1968 and the rule made thereunder; and
49. Adapted in G.O.Ms.No.162, Revenue (Excise -II) Department, dated
10.09.2015.
50. Inserted with marginal heading by Act No.35 of 1995.
51. Substituted by G.O.Ms.No.6, Revenue (Excise.II) Department, dated
06.01.2016.
Overriding effect.
Act 17 of 1968.
Power to remove
difficulties.
Savings.
Act 17 of 1968.
20 [Act No.17 of 1995]
52[(c) the consumption and utilization of medicines,
toilet preparation s and other food material containing
alcohol.]
53[Explanation:- Liquor for the purposes of this s ection
does not include arrack.]
54[32A. (1) Notwithstanding anything contained in the
55Telangana Prohibition Act, 1995, the Telangana Liquor
(Issue of P ermit and Licence) Rules, 1995, the Indian
Contract Act, 1872 or the terms and conditions of any
agreement entered into with the licensing authority under
this Act or under the said rules, for the grant of all such
permits and licences on health grounds on the
recommendation of the notified medical authorities specified
under the said rules shall stand cancelled in public interest;
and according ly no suit or other proceeding shall be
entertained or continued in an y court against such
permitting or licensing authority or any person or authority
what so ever for the enforcement of any terms and
conditions of such permit or licence so terminated or for any
damages or compensation on the ground that any loss is
sustained by the termination thereof before its expiry.
(2) within a period of seven da ys from the date of
commencement of this Act, every licencee shall surrender to
the permitting or licensing authority, the entire stock of
liquor on the date of such commencement, is in the
possession of any holder of any permit or licence which
stood terminated under sub -section (1) on such terms and
conditions, as may be prescribed.
52. Substituted by Act No.35 of 1995.
53. Added by Act No.5 of 1997.
54. Section 32A added with marginal heading by Act No.35 of 1995.
55. Substituted in G.O.Ms.No.6, Revenue (Excise.II) Department, dated
06.01.2016.
Transitional
provision.
Central Act IX of 1872.
[Act No.17 of 1995] 21
(3) All applications made for grant of permit or licence
pending before the permitting or licensing authority on the
appointed date and every action taken, or enquiry made in
respect of such application, shall abate and all fees paid in
connection therewith (incl uding the application fee and
licence fee, if any) already paid shall be refunded.]
33. (1) The Government may, by notification, make rules
for carrying out all or any of the purposes of this Act.
(2) Every rule made under this Act shall, immediately
after it is made, be laid before the Legislat ure of the State, if
it is in session and if it is not in session, in the session,
immediately following for a total period of fourteen days
which may be comprised in one session or in two
successive sessions and if, before the expiration of the
session in which it is so laid or the session immedi ately
following, the Legislature agree in making any modification
in the rule or in the annulment of the rule, the rule shall from
the date on which the modification or annulment is notified
have effect only in such modified form or shall stand
annulled as the case may be so, however, that any such
modification or annulment shall be without prejudice to the
validity of anything previously done under that rule.
34. In the 56Telangana Excise Act, 1968,
(1) In section 1, for sub-section (2), the following shall
be substituted, namely;
“(2) It extends to the whole of the State of Telangana:
Provided that on and from the date of commencement
of the Telangana Prohibition Act, 1995 the provisions of this
56. Adapted in G.O.Ms.No.162, Revenue (Excise -II) Department, dated
10.09.2015.
Power to make
Rules.
Amendment of
Act 17 of 1968.
22 [Act No.17 of 1995]
Act shall, in so far as they are inconsistent with the
provisions of the said Act cease to operate.”;
(2) In section 5, for sub -section (1) the following shall
be substituted, namely:-
“(1) The Government may appoint such number of
Additional Commissioners, Joint Commissio ners, Deputy.
Commissioners and Assistant Commissioners of Prohibition
and Excise and District Prohibition and Excise Officers and
such other officers as they think fit for the purpose of
performing the functions respectively conferr ed on them by
or under this Act”;
(3) Throughout the Act for the words “Excise Officer ”
“Commissioner of Excise ”, “Additional Commissioners of
Excise”, “ Deputy Commissioner of Excise ”, “Assistant
Commissioner of Excise”, “Excise Superintendent ”,
“Assistant Excise Superintendent” and “Excise Department”,
the words, “Prohibition and Excise Officers”, “Commissioner
of Prohibition and Excise ”, “Additional Commissioner of
Prohibition and Excise ”, “Deputy Commission er of
Prohibition and Excise ”, “Assistant Commiss ioner of
Prohibition and Excise”, “ Prohibition and Excise
Superintendent” “Assistant Prohibition and Excise and
Superintendent” and “Prohibition and Excise Department ”
shall respectively be substituted.
57[35. [XXX]]
* * *
57. Omitted by G.O.Ms.No.6, Revenue (Excise.II) Department, dated
06.01.2016.