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Bengal Excise Act, 1909

  1. Short title, extent and commencement.
  2. Definitions.
  3. Provision supplemental to the definition of “intoxicating drug”.
  4. Power to declare what shall be deemed to be “country liquor” and foreign liquor” respectively.
  5. Definition of retail and wholesale.
  6. Saving of certain Acts.
  7. Establishments and delegation and withdrawal of powers
  8. Control, appeal and revision.
    8A. Correction of errors.
  9. Restrictions on import.
  10. Restriction on export or transport.
  11. Power to prohibit import, export or transport.
  12. Passes for import, export or transport.
  13. License required for manufacture.
  14. Drawing or possession of tari in notified areas.
  15. Establishment of distilleries, breweries or warehouses.
  16. License required for depositing or keeping intoxicant in warehouse or other place of storage.
  17. Payment of duty on removal from distillery, brewery, warehouse or other place of storage.
  18. Possession of intoxicants not obtained from a licensed vendor.
  19. Possession of intoxicants generally.
  20. License required for sale.
  21. Manufacture and sale of liquor in or near cantonments.
  22. Grant of exclusive privilege of manufacture and sale of country liquor or intoxicating drugs.
  23. Transfer of exclusive privilege.
  24. Maintenance and use of measures, weights and instruments by licensed manufacturers and vendors.
  25. Employment of children or women by licensed vendors.
  26. Power to close shops temporarily.
  27. Power to impose duty on import, export, transport and manufacture.
  28. Ways of levying such duty.
  29. Payment for grant of exclusive privilege.
    29A. Saving for duties being levied at commencement of the Constitution.
  30. Selection of new sites for grant of licenses.
  31. Grant of licenses at existing sites.
  32. Time for preparation and publication of such list.
  33. Submission of objections and opinions to Collector.
  34. Grant of licenses by Collector, and submission of list, objections and opinions to Excise Commissioner.
  35. Finality of decision of Excise Commissioner or State Government.
    35A. Definition.
  36. Application of section 30 and section 31 to licenses for retail sale of intoxicants other than spirit.
    36A. Power to exempt the application of sections 30 to 36.
  37. Exemption of certain licenses from section 30 or section 36.
    37A. Selection of persons to whom licenses may be granted.
  38. Fees for terms, conditions and form of, and duration of, licenses, permits and passes.
  39. Continuance of licenses granted under former law.
  40. Counterpart agreement by licensee, and security or deposit.
  41. Technical defects, irregularities and omissions.
  42. Power to cancel or suspend license, permit or pass.
  43. Power to withdraw license, etc.
  44. Surrender of license.
    44A. Bar to right of renewal and to compensation.
  45. Power of Collector to take grants under management, or to transfer them.
  46. Penalty for unlawful import, export, transport, manufacture etc. of intoxicant other than spirit or intoxicating drug and collecting or belling hemp, bottling liquor and removing intoxicant etc.
    46A. Penalty for unlawful manufacture of spirit or transport etc. of intoxicating drug, cultivation of hemp, use and possession of materials for manufacture of spirit and intoxicating drug.
    46AA. Penalty for occurrence of death due to consumption of liquor.
    46B. Offences by companies.
  47. Presumption as to offence where possession is not satisfactorily accounted for.
  48. Penalty for altering or attempting to alter denatured spirit.
    48A. Presumption as to offence under section 48 in certain cases.
    48B. Presumption as to any spirit which contains any denaturant.
  49. Penalty for adulteration by licensed manufacturer or vendor or his servant.
  50. Penalty for fraud by licensed manufacturer or vendor or his servant.
  51. Penalty for certain unlawful acts of licensed vendors or their servants.
  52. Penalty for possession of intoxicant in respect of which an offence has been committed.
  53. Penalty for consumption in chemist’s shop, etc.
  54. Penalty for failing to produce licence etc. by licensee or his servants.
    54A. Penalty for contravention of sections 85 and 86 and conditions of license, etc.
  55. Import, export, transport, manufacture, sale or possession by one person on account of another.
  56. Criminal liability of licensee for acts of servant.
  57. Imprisonment under section 55 or section 56.
  58. Penalty on Excise Officer making vexatious search, seizure, detention or arrest, or refusing duty, or being guilty of cowardice.
  59. Penalty for offences not otherwise punishable.
  60. Penalty for contempt of court.
  61. Penalty for attempt to commit offence.
  62. Enhanced punishment after previous conviction.
  63. What things are liable to confiscation.
  64. Confiscation by Magistrate or Collector.
  65. Power to compound offences and to release property liable to confiscation.
  66. Power to enter and inspect, and power to test and seize measures, etc.
  67. Power to arrest without warrant, to seize articles liable to confiscation, and to make searches.
  68. Power to issue warrant of arrest.
  69. Power to issue search warrant.
    69A. Power of Collector or Magistrate to arrest or search without issuing a warrant.
  70. Power of Excise Officer to search without a warrant.
  71. Information and aid to Excise Officers.
  72. Duty of owners and occupiers of land and other persons to give notice of unlicensed manufacture.
  73. Power to Collector and certain Excise Officers to investigate offences.
  74. Powers and duties of Collector and certain Excise Officers investigating offences.
  75. Security and Bail.
  76. Production of articles seized and persons arrested.
  77. Custody by Police of articles seized.
  78. Reports of arrests, seizures, and searches.
  79. Execution of warrant.
  80. Maximum period of detention.
  81. Application of certain provisions of the Code of Criminal Procedure, 1898.
  82. Magistrates having jurisdiction to try offences.
  83. Initiation of certain prosecutions.
  84. Bar to transfer of trial on application of accused.
  85. Power of State Government to make rules.
  86. Further power of State Government to make rules.
  87. Powers of Board exercisable from time to time.
  88. Publication and effect of rules and notification Section.
  89. Recovery of due Section.
  90. Power of State Government to exempt intoxicants from provisions of Act.
  91. Bar to certain suit Section.
  92. Limitation of suits and prosecution Section.
    92A. Bar to application of section 370 of the Bengal Municipal Act, 1932.