JAMMU AND KASHMIR EXCISE ACT, SAMVAT 1958 (1901 A.D.)

The JAMMU AND KASHMIR EXCISE ACT, SAMVAT 1958 (1901 A.D.)

Rules Regulations Notifications Orders Circulars Ordinance Statutes

Act ID:	190109
Act Number:	9
Enactment Date:	1901-12-04
Act Year:	1901
Short Title:	The JAMMU AND KASHMIR EXCISE ACT, SAMVAT 1958 (1901 A.D.)
Long Title:	An Act to consolidate and amend the Excise Law of the 2Union territory of Jammu and Kashmir.
Department:	Department of Finance
Enforcement Date:	04-12-1901
Type:	STATE
Location:	Jammu and Kashmir

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Section 1. Short title, extent and commencement.
Section 2. Repeal of enactments, rules and regulations
Section 3. Interpretation.
Section 3-A. Country liquor and foreign liquor.
Section 5. Appointment, suspension and dismissal of Chowkidars.
Section 4. Appointment of Excise and Taxation Officer.
Section 4-A. Delegation of power conferred by section 4.
Section 4-B. Superintendence and control of the Excise Administrator and Excise officers.
Section 4-C. Appeal.
Section 4-D. Revision and review
Section 5. Import of liquor and intoxicating drugs.
Section 6. Export of liquor or intoxicating drugs.
Section 7. Transport of liquor or intoxicating drugs may be prohibited.
Section 8. And must be covered by a permit.
Section 9. Permits for transport.
Section 10. Particulars to be given in permits
Section 11. Manufacture of liquor or intoxicating drugs prohibited except under the provisions of this Act.
Section 11-A. Licence for export, import, sale or possession of molasses.
Section 12. Possession of liquor or intoxicating drugs in excess of the quantity prescribed by the Government prohibited.
Section 12-A. Possession of unused and printed labels corks, capsules, seals by certain persons.
Section 13. Establishment of distilleries and warehouses.
Section 14. Sale of liquor or intoxicating drugs without licence prohibited.
Section 14-A. Regulation of the sale of liquor in the State.
Section 15. Exclusive privilege of manufacture, etc. may be granted.
Section 16. Duty on liquor or intoxicating drugs.
Section 16-A. Approval to the label.
Section 17. How duty may be imposed.
Section 18. Duties may be framed.
Section 19. Farmer may let or assign.
Section 20. Forms and conditions of licences, etc
Section 21. Counterpart agreement to be executed by licensees.
Section 22. Power to recall licences.
Section 23. Certain licensees required to keep instruments for testing etc.
Section 24. Recovery of duties, etc.
Section 24-A. If any tax or other amount due is not paid consequences thereof.
Section 24-B. Refund of duty etc.
Section 25. Power to frame rules.
Section 26. Magistrate or Deputy Commissioner may issue a search warrant on application.
Section 27. Powers to certain officers to search houses, etc. without warrant.
Section 28. Power to enter and inspect places of manufacture and sale.
Section 29. In case of resistance, entry may be made by force, etc.
Section 30. Offenders may be arrested and contraband liquor and articles seized, without warrant.
Section 31. Arrest of person refusing to give name or giving false name.
Section 32. Searches how to be made.
Section 33. Officers of Police and Revenue Departments and all village Headmen and Chowkidars bound to assist.
Section 34. All officers in State employ required to report offences against this Act.
Section 35. Landholders and others to give information.
Section 35-A. Power to seize, destroy etc. poppy and hemp plant.
Section 36. Arrested persons to be taken before a Magistrate.
Section 37. Period of detention not to exceed twenty-four hours.
Section 38. Certain offences to be non-bailable and triable summarily.
Section 39. Bail.
Section 40. Procedure where enquiry cannot be completed in 24 hours.
Section 41. Arrest of persons suspected of offences under this Act.
Section 42. Excise and Taxation officers power to require attendance of witnesses.
Section 43. Examination of witness by Excise and Taxation Officer.
Section 44. Release of accused when evidence deficient.
Section 45. Case to be sent to Magistrate when evidence is sufficient.
Section 46. Production of seized articles before Magistrate.
Section 47. Closing of shop for the sake of public peace.
Section 48. For illegal import, etc.
Section 48-A. Penalty for rendering or attempting to render denatured/methylated spirit fit for human consumption.
Section 48-B. Penalty for possession of unused and printed labels, corks etc.
Section 49. For misconduct by licensee, etc.
Section 50. For possession of illicit liquor.
Section 50-A. Persons found drinking in public or any place of worship etc. Penalty.
Section 50-B. Penalty for licensed vendor etc.
Section 50-C. Destruction of unfit liquor or beer.
Section 51. For vexatious search or arrest.
Section 52. For vexatious delay.
Section 53. For abetment of escape of persons arrested, etc.
Section 54. For Excise and Taxation Officer using violence.
Section 55. Screening offender or giving false information.
Section 56. For offences not otherwise provided for. For subsequent offence double punishment.
Section 56-A. Attempt to commit offences punishable under the Act.
Section 56-B. Security for abstaining from commission of certain offences.
Section 57. Presumption as to commission of offence in certain cases.
Section 58. What things are liable to confiscation.
Section 59. Confiscation how ordered.
Section 60. Power to compound offences.
Section 61. Provisions of the Criminal Procedure Code & Ranbir Penal Code applicable to offences committed under this Act.
Section 62. Publication of rules & notifications.
Section 63. Exemptions and prohibitions.
Section 64. Bar of actions.