Odisha Excise Act

LAW DEPARTMENT

NOTIFICATION

The 8th March, 2013

No.2755/Legis.– 15/2009/L.-The following Act of the Odisha Legislative Assembly havinig been assented to by the President on the 19th February, 2013 is hereby published for general information.

ODISHA ACT 10 OF 2013

TO PROVIDE FOR A COMPREHENSIVE LAW RELATING TO ALCOHOLIC LIQUOR AND OTHER INTOXICANTS IN THE STATE OF ODISHA BY MAKING ADEQUATE PROVISIONS FOR PUNISHMENT OF THE OFFENDERS AND TO MAKE PROVISIONS FOR MATTERS INCIDENTAL THERETO BY REPLACING THE BIHAR AND ODISHA EXCISE ACT, 1915.

Be it enacted by the Legislature of the State of Odisha in the Fifty-ninth Year of the Republic of India as follows :–

Read full Act

S.1 Short title, extent and commencement

S.2 Definitions

S.3 Powers to declare what shall be deemed to be country liquor, foreign liquor and India made foreign liquor respectively

S.20 Grant of exclusive privilege of manufacture and sale of foreign liquor, India made foreign liquor and country liquor or other intoxicants etc.

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S.1 Short title, extent and commencement

S.2 Definitions

S.3 Powers to declare what shall be deemed to be country liquor, foreign liquor and India made foreign liquor respectively

S.4 Declaration of quantity for retail and wholesale

S.5 Appointment, powers and functions of Excise, Commissioner, delegations and withdrawal of powers

S.6 Control, appeal and revision

S.7 Restrictions on import

S.8 Restrictions on export or transport

S.9 Power to prohibit import, export or transport

S.10 Passes for import, export and transport

S.11 Licence required for manufacture

S.12 Drawing of tari in notified areas

S.13 Establishment of distilleries, breweries or warehouses

S.14 Licence required for depositing or keeping intoxicant in warehouse or other place of storage

S.15 Payment of duty on removal from distillery, brewery, warehouse or other place of storage

S.16 Possession of intoxicant not obtained from a licensed vender

S.17 Possession of intoxicant generally

S.18 Licence required for sale

S.19 Wholesale trade in foreign liquor, India made foreign liquor and country liquor

S.20 Grant of exclusive privilege of manufacture and sale of foreign liquor, India made foreign liquor and country liquor or other intoxicants etc.

S.21 Exemption in certain cases

S.22 Transfer of exclusive privilege

S.23 Maintenance and use of measures, weights and instruments by licensed manufacturers and vendors

S.24 Prohibitions of advertisement, etc.

S.25 Employment of children or women by licensed vendors

S.26 Powers to close shops temporarily

27 Restriction on grant of licence or exclusive privilege

S.28 Nature and components of excise revenue

S.29 Excise duty and countervailing duty

S.30 Declaration of ex-factory and maximum retail price

S.31 Recovery of excise duties and levies and lien on the property of defaulter

S.32 Excise revenue to be paid irrespective of pendency of any writ petition, suit, etc.

S.33 Accounts and returns

S.34 Luxury tax

S.35 Payment for grant of privilege

S.36 Regulation and levy on other goods unfit for human consumption

S.37 Preparation of list of places of which it is proposed to grant licences for the retail sale of spirit

S.38 Publication of such list

S.39 Time for preparation and publication of such list

S.40 Submission of objections and suggestions to Collector

S.41 Grant of licences by Collector and submission of list, objections and suggestions to Excise Commissioner

S.42 Decision of Excise Commissioner

S.43 Application of Sections 37 to 42 to licences for retail sale of intoxicants other than spirit

S.44 Exemptions of certain licences from Sections 37 to 43

S.45 Fees for terms and conditions and duration of licences, permits and passes

S.46 Counterpart agreement by licensee, or exclusive privilege and security or deposit

S.47 Power to cancel or suspend licence, permit or pass

S.48 Power to withdraw licences

S.49 Surrender of licences

S.50 Bar of right to renewal and to compensation

S.51 Departmental management or transfer

S.52 Penalty for un-lawful import, export, transport, manufacture, possession, sale, etc.

S.53 Presumption as to possession of intoxicant by the accused

S.54 Penalty for contravention of Section 24

S.55 Penalty for altering or attempting to alter any denatured spirit, etc.

S.56 Presumption as to offence under Section 55 in certain cases

S.57 Presumption as to any spirit being or containing or having been derived from denatured spirit

S.58 Penalty for adulteration by licenced manufacturer or vender or his servant

S.59 Penalty for mixing noxious substance with liquor

S.60 Penalty for fraud by licensed manufacturer or vender or his servant

S.61 Penalty for certain unlawful acts of licensed venders or their servants

S.62 Penalty for possession of intoxicant in respect of which an offence has been committed

S.63 Penalty for consumption in chemist's shop, etc.

S.64 Penalty for certain acts by licensee or his servant

S.65 Import, export, transport, manufacture, sale or possession by one person on account of another

S.66 Criminal liability of licensee for acts of servants

S.67 Penalty on Excise Officer making vexatious search seizure, detention or arrest and refusing to do duty

S.68 Penalty for offences not otherwise punishable

S.69 Penalty for abetment and attempt to commit offence

S.70 Enhanced punishment after previous conviction

S.71 Seizure of property liable to confiscation

S.72 Bar of other proceedings during pendency of confiscation proceedings

S.73 Result of criminal proceeding not to affect the order of confiscation

S.74 Property when to vest in the State Government

S.75 Compounding of offences and releasing property liable to confiscation

S.76 Power to enter and inspect and power to test and seize measures, etc.

S.77 Power to arrest without warrant, to seize articles liable to confiscation, and to make searches

S.78 Power of Court to issue warrant of arrest

S.79 Power to search

S.80 Power to prevent commission of offence