THE PUNJAB EXCLES ACT, 1914PUNJAB ACT I OF 1914. (12th January 1914).CONTENTS.CHAPTER – IPRELIMINARY.SECTIONS.
CHAPTER – IIESTABLISHMENT AND CONTROL
1914 : Pb. Act I. EXCISE.
CHAPTER – IIILMPORT, EXPORT AND TRANSPORT.
EXCISE. 1914 : Pb Act I.CHAPTER – IVMANUFACTURE, POSSESSION AND SALE.SECTIONS.
CHAPTER – VDUTIES AND FEES.
33-A. Saving for duties being being levied immediately before the Constitution Day.
1914 :Pb Act I. EXCISE. CHAPTER - VILICENSES, PERMITS AND PASSES. SECTIONS.34. Fees for terms, conditions and form of, and duration of licenses, permits and passes.SECURITY.35. Grant of licenses, for sale, ascertainment of public opinion.
POWERS AND DUTIES OF OFFICERS. ETC.
EXCISE. 1914 : Pb. Act 1.SECTIONS.
CHAPTER - VIII.GENERAL PROVISIONS.
CHAPTER - IX.OFFENCES AND PENALTIES.
1914 Pb. Act 1. EXCISE.SECTIONS.
THE SCHEDULE.
THE PUNJAB EXCISE ACT, 1914PUNJAB ACT I OF 1914.WHEREAS it is expedient to consolidate and amend the Jaw in the Punjab relating to the import, export, transport, manufacture, sale and possession of intoxicating liquor and of intoxicating drugs ; it is hereby enacted as follows: —
CHAPTER - IPRELIMINARY AND DEFINITIONS.
1. (1) This Act may be called the 2Punjab Excise Act, 1914; and
(2) It extends to the whole of the North-West Frontier Province.
Commencement.
(3) It shall come into force on such 3date as the 4[ProvincialGovernment] may by notification direct.
Repeal of enactments.
2. The enactments mentioned in the Schedule are repealed to the extent specified in the fourth column thereof.
Definitions.
3. In this Act, and the rules made under it, unless there is something repugnant in the subject or context. —
Beer.
(1) “beer” includes ale, porter, stout, and all other fermented liquors made from malt;
Bottle.
(2) to “bottle” means to transfer liquor from a cask or other vessel to a bottle, jar, flask, or similar receptacle whether any process of manufacture be employed or not, and bottling includes rebottling;
1. For Statement of Objects and Reasons, sec Punjab Gazette, 1913, Part V. Page 161, for Report of the Select Committee, sec Punjab Gazette, 1913, Part V pages 247 and for Proceeding in Council see Punjab Gazette. 1913, Part V pages 177-301.
The Act has been extended in the North-West Frontier Province with notifications, see Notification No. 126-Exc, dated 8, 9th February, 1915. North-West Frontier Province Gazette 191 5, part 1-A. page 132, see also Notification No. 318, dated 14-4-1927.2. In the N.-W.F.P. for the word “Punjab” read the words “North-West Frontier Province”see notification No. 126-Exc, dated 8/9th February 1215 published in the N.-W.F.P. Gazette 1915 pt I-A, PP, 132-133. 3. The 1st February, 1915, see Punjab Gazette, 1914 Part-1 page 60.4. Subs, for “Local Government” by the A. O., 1937.1914 : Pb. Act 1. EXCISE.
(3) “Collector” includes any revenue officer in independent charge of a district and any official appointed by the 1[Provincial Government] to discharge, throughout any specified local area, the functions of a Collector under this Act;
Collector.
(4) 2[“Commissioner”] means the chief officer in charge of the revenue administration of a 3[Province.]
Commissioner.
4[(5) denatured” means any substance presorirvd bythe 1[Provincial Government] for admixture with spirit with a view to rendering the mixture unfit for use as beverage. Spirit with which one or more denaturants has or have been mixed in such manner as may be prescribed by the 1[Provincial Government] is said to have been “denatured.”]
Denatured.
5[(6) excisable article means—
excisable artic ale.
(a) any alcoholic liquor for human consumption;(b) any intoxicating drug; or(c) any medicinal or toilet preparation containing alcohol.]6[6a) “excise duty” and “countervailing duty” mean any such excise duty or countervailing duty, as the case may be. as is mentioned in 7[entry 77of the Provincial list in the Fifth Schedule to the Constitution.]
Excise Commissioner.
(8) “excise officer” means any officer or person appointed, or invested with powers, under this Act;
Excise Officer.
1. Subs for “Local Government” by the A. O. 1937.
2. Subs. by W, P. Act XVI of 1957, s. 3 (2), Sell, 2, for the word “Revenue Commissioner” which in the N.-W. F. P. were to be readfor the original word “Commissioner” vide notification No. 126-Exe. 8th-9th February, 1915. N.-W. F. P. Gazette, 1915, Pt 1-A,132-133. 3. Subs. for “a Division., see notification ibid. 4. Subs. ibid, for the old clause (5).5. Subs, for the old clause by the A. O., 1937.6. Ins. ibid. 7. Subs, for the word “item 40 of list 11 the Seventh Schedule 10 the Government of India Act, 1935” by W. P. (Adaptation of Laws) Order, 1958.
EXCISE. 1914PI). Act I.
(9) “excise revenue” means revenue derived or derivable from any payment, duty, fee, tax, confiscation or fine, imposed or ordered under the provisions of this Act, or of any other law for the time being in force relating to liquor or intoxicating drugs, but does not include a fine imposed by a court of law;
Export.
l[(10) “export” means to take out of the 2[North-West Frontier Province] otherwise than across a customs frontier as defined by the 3[Federal Government.]
(11) 4[“Commissioner”] shall, when there are more 4[Commissioners] than one be construed as meaning one or more of the 4[Commissioners;]
Import.
1[(12) “import” (except in the pharase “import into 5[Pakistan]” means to bring into the North-West Frontier Province otherwise than across a customs frontier as defined by the 3[Federal Government];
6[(12-A) “intoxicant” means any liquor or intoxicating drug;]
Intoxicating drugs.
7[(13) “intoxicating drug” means—
(i) the leaves, small stalks and flowering or fruting tops of the Indian hemp plant (Cannabis sativa L.), including all forms known as bhang, siddhi or ganja:(ii) charas, that is the resin obtained from the Indian hemp plant, which has not been submitted to any manipulations other than those necessary for packing and transport;(iii) any mixture, with or without neutral materials, of any of the above forms of intoxicating drug, or any drink prepared there from; and
1. Subs, for the old clause by the A. O. 1937.
2. Subs, for the word "Punjab" see notification No. 126-Exc, dated the 8th -9ih February, 1915, Pt. I-A pp. 132-133. The words "North-West Frontier Province" are now to be construed as the Districts of
Bannu. Dera Ismail Khan. Hazara, Mardan. Kohat and Peshawar. see W. P. Act XVI of 1957, s, 3 (l)-S, h I3. Subs, by P. O. 4 of 1975.4. Subs, by W.P. Act XVI of 1957,s.3 (2) and Sch, II, for the words" Revenue Commissioner" which in the N.-W. F. P, were to be read for the original words "Financial Commissioner", notification No. 126-Exc, dated 8th-9th February, 1915. N.-W. F.P. Gazette, 1915, Pt, I-A. pp.132-1335. Subs, for the words" British India" by P. O. I of 1961.6. Inserted by the A. O. 1937.7. Subs. for the old clause by Central Act, It of 1930, Sch. II.1914 : Pb. Act 1. EXCISE. 87(iv) any other intoxicating or narcotic substance which the 1[Provincial Government] may, by notification declare to be an intoxicating drug, such substance not being opium, coca leaf, or a manufactured durg, as defined in section 2 of the Dangerous Drugs Act, 1930.]
Liquor.
(15) “magistrate” means any magistrate exercising powers not less than those of a magistrate of the second class, or any magistrate of the third class specially authorized in this behalf by the district magistrate;
Magistrate.
(16) “manufacture” includes every process, whether natural or artificial, by which any 2[intoxicant] is produced or prepared and also redistillation and every process for the rectification, reduction, flavouring, Wending or colouring of liquor;
Manvfacture.
(17) “place” includes a building, shop, tent, enclosure, booth, vehicle, vessel, boat and raft;
Place.
(18) “expressions referring to “sale” include any transfer otherwise than by way of gift;
Sale.
(19) “spirit” means any liquor containing alcohol obtained by distillation, whether denatured or not;
Spirit.
(20) “tari” means fermented or unfermented juice drawn from any kind of palm tree;
Tari
(21) “transport” means to move from one place to another within the 3[North-West Frontier Province].
Transport.
4. The 1[Provincial Government] may 4****by notification declare what, for the purposes of this Act or any portion thereof, shall be deemed to be “country liquor” and “foreign liquor.”
Country liquor and foreign hiqnor
1. Subs, for “Local Government” by the A. Q. 1937. 2. Subs. ibid, for the words “excisable article”. 3. Subs, for the word "Punjab" see notification No. 126-1 exc., dated the 8th-9th February 1915, N.-W. F. P. Gazette 1915, Pt. I-A , pp. 132-122. The words “North-West Frontier Province” are now to be construed as the Districts of (Bannu, Dora Ismail Khan, Hazara, Mardan, Kohat and Peshawar, see W. P. Act XVI of 1957, s. 3 (2) Sch I.
4. The words "with the previous sanction of the Governor-General in Council omitted by the Devolution Act XXXVIII of 1920.
EXCISE. 1914: Ph. At I.1[ * * * * * * * ]
5. The 2[Provincial Government] may by notification declare with respect cither to the whole of the 3[North-West Frontier Province] or to any local are comprised therein, and as regards purchasers generally or any specified class of purchasers, and generally or for any specified occasion the maximum or minimum quantity or both of any 4[intoxicant] which for the purposes of this Act may be sold by retail and by wholesale.
Power to limit application of notifications, permits, etc., made under this Act.
6. Where under this Act any notification is made, any power conferred, any appointment made or any license, pass or permit granted, it shall be lawful to direct—
Saving of enactments.
7. Save as provided by the Schedule, nothing contained in this Act shall affect the provisions of the 5Sea Customs Act, 1878, the 6Contonmerits Act, 1910, or the 7[Indian Tariff Act, 1894] or any rule or order made there under.
8. (a) Subject to the control of the 2[Provincial Government] and unless the 2[provincial Government] shall by notification otherwise direct, the general superintendence and administration of all matters relating to excise shall vest in the 8[Commissioner.]
1. The Proviso which was added by the Devolution Act, 1920, omitted by A.O. 1937.
2. Subs. for the words “Local Government” by A. O., 1937.3. Subs, for the word “Punjab” vide notification No. 126-Exc., dated the 8th-9th February, 1915, Part I-A. pages 132-133,. The words “North-W.F.P.” are now to be construed ad the Districts of Bannu, Dera Ismail Khan, Hazara, Mardan, Kohat and Peshawar, vide W.P. Act XVI of 1957. s. 3(2) Sch, 1.4. Subs. for the words "excisable articles" by A. O.. 1937.5. The Sea Customs. Act, VIII of 1878.6. See now the Cantonment Act, 1924 (Act II of 1924).7. See now the Tariff Act, 1894 (Act VIII of 1.S94),8. Subs by W. P. Act, Xo. XVI 1957 S. III (2)Sch. 11
1914 Pb. Act I. EXCISE.
The 2[Commissioner] shall, unless the 3[Provincial Government] shall, by notification otherwise direct, control all other excise officers in the 4North-West Frontier Province.](c) Subject as aforesaid and to the control of the 2[Commissioner] and unless the 3[Provincial Government] shall by notification otherwise direct, the Collector shall control all other excise officer in his district.
10. (a) There shall be such other classes of excise officers as the 3[Provincial Government] may by notification declare, and the 3[Provincial Government] may appoint as many persons as it deems fit to be excise officers of these classes.
Other classes of excise officers.
(b) The 3[Provincial Government] shall by notification declare what powers under this Act shall be exercised by excise officers of each class.
Their powers
(c) In conferring powers under this Act the 3[Provincial Government] may empower persons by name or virtue of their office or classes of officials generally by their official titles.
Mode of conferring powers.
11. The 3[Provincial Government] may by notification invest any person, not being an excise officer, with power to perform all or any of the functions of an excise officer under this Act, and such person shall in the exercise of these functions be deemed to be an excise officer.
Powers to invest persons with special powers under this Act.
1. Subs., for the old sub-section (b) vide notification No. 126-Exc., dated the 8ih-9th February 1915. N.-W. F. P. Gazette 1915, Part 1-A, pages 132-133.
2. Subs, for the words "Revenue Commissioner" by W. P. Ac! XVI of 1957 s.3 (2) Sch. II.3. Subs., for the words “Local Government” by A. O. 1937. 4. Now to be construed an the Districts of Bannu. Dera Ismail Khan, Hazara, Hazara, Mardan, Kohat and Peshawar, vide W. P. Act, XVI of 1957. s, 3 (2) Sch. 1.
EXCISE. 1914 Pb. Act I.
12. The jurisdictiion of the 1Commissioner and of the Excise Commissioner shall extend to the 2[North-West Frontier Province]3 * * * * * * * * * * *and the jurisdiction of Collectors and other excise officers shall, unless the 4[Provincial Government] shall otherwise direct, extend to the districts in which they are for the time being employed.
Delegation.
13. (a) The 4[Provincial Government] may by notification delegate to the 5[Commissioner] all 6 * * * * or any of its powers under this Act, except the powers conferred by sections 14,21,22,31,56 and 58 of this Act.
(b) The 4[Provincial Government] may by notification permit the delegations by the 5[Commissioner,] 7 * * * or Collector to any person or class of persons specified in such notification of any powers conferred by this Act or exercised in respect of excise revenue under any Act for the time being in force.
14. An appeal shall lie from an original or appellate order of an excise officer in such cases or classes of cases and to such authority as the 4[Provincial Government] shall by notification declare.
Barrios.
15. (a) The 1[Commissioner] may at any time revise any order passed by any excise officer subordinate to him.
(b) 5[The Commissioner ] or Collector may call for the record of any case pending before, or disposed of by, any excise officer subordinate to him, and if 8[the Collector] is of opinion that the proceedings taken or order made should be modified or reversed, he shall report the case with his opinion thereon for the orders of the 1[Commissioner:]
2. Subs, for the word “Punjab" vide notification No. 126-Exc, dated the 8th-9th February 1915 Part 1-A page 132-133. The words N.-W. F. P." are now to be construed as the District, of Bannu, Dera Ismail Khan, Hazara, Mardan Kohat and Peshawar, aide W.P. Act XVI or 1957 S. 3 (2), Sch. l 3. The words "the Jurisidiction of the Commissioners. shall extend to their Divisions" omitted in trie N.-W. F. P. vide notification No. 126-Exc., 8th-9th February, 1915, Part 1-A, pages 132-133. 4. Subs for "I.ocal Government" by the A. O., 1937. 5. Subs, for the words "Revenue Commissioner" by W. P. Act XVI of 1957, s. 3 (2) and Sch.II. The words "The Revenue Commissioner" were previsoulsy substituted in the N.-W. F.P. for the old words "A Commissioner", see notification No. 126-Exe, dated 8th-9th February, 1915. N-W.F.P. Gazette, 1915, Pt. 1-A, pp, 132-133.6. The words "or Commissioner" omitted see notification No. 126-Exc., dated 8th-9th February 1915, N.-W. F. P. Gazette, 1915, Et. I-A. pp. 132-133.7. The word "Commissioner" omitted, ibid.. 8. Subs in the N.-W. P.P. for the word "he", see notification No. 126, Exc. dated the 8th-9th February, 1915 N.-W. F. P. Gazette, 1915, Pt I-A, pp. 132-133. 1914 Pb. Act I. EXCISE.Provided that the 1[Commissioner] shall not under this section pass an order revising or modifying any proceeding or order of a subordinate excise officer and affecting any person without giving such person an opportunity of being heard.CHAPTER - III.IMPORT, EXPORT AND TRANSPORT.
Import, export and transport of intoxicant.
(a) after payment of any 3[duty to which it may be liable under this Act,] or execution of a bond for such payment, and(b) in compliance with such conditions as the 4[Provincial Government] may impose.
(a) 5* * * * Prohibit the import or export of any 2[intoxicant] into or from the 7[North-West Frontier Province] or any part thereof; or
Power to 4[Provincial Government] to Prohibit import, export and trans-port of intoxicant.
(b) Prohibit the transport of any 2 fin toxicant].7 * * * * * *
Passes necessary for import, export and transport.
1. Subs, by W. P. Act XVI of 1957, Sch II, for the words "Revenue Commissioner" which in the N-W.F.P. were to be read for the original words “Financial Commissioner” seenotification No. 126-Exc, dated 8th-9th February, 1915, N.-W. F. P. Gazette, 1915, Part I-A, pages 132-133
2. Subs, for the words excisable article." by the A. O., 1937. 3. Subs, ibid, for the words “duty of customs, or excise to which it may be liable.” 4. Subs, for the words “Local Government” by A. O., 1937. 5. The words “with the previous sanction of the Governor General” omitted by the Devolution .Act, 1920 (XXXVIII. of 1920).6. Subs for the word “Punjab” vide notification No. 126-Exc dated February, 1915, Part I-A, pages 132-133. The words “N.-W. F. P.” are now to be construed as the District of Bannu, Dera Ismail Khan, Hazara, Kohat and Peshawar see W. P. Act XVI of 1957, s. 3. 7. The Provision which was added by the Devolution Act, 1920, omitted by A.O. 1937. EXCISE. 1914 Pb. Act I.Provided that in the case of duty-paid foreign liquor such passes shall be dispensed with, unless the 1[Provincial Government] shall by notification otherwise direct:Provided, further, that on such conditions as may be determined by the 2[Commissioner,] a pass granted under the excise law in force in another province may be deemed to be a pass granted under this Act.
19. Passes for the import, export or transport of 3[intoxicant] may be granted by the Collecor:
Provided that passes for the import and export of such 3[intoxicants] as the 2[Commissioner] may from time to time determine shall be granted only by the 2[Commissioner.]CHAPTER IV.MANUFACTURE, POSSESSION AND SALE.A.—Manufacture.
20. (i) (a) No 3[intoxicant] shall be manufactured or collected.
(b) no hemp plant 4* * * shall be cultivated;(c) no tari-producing tree shall be tapped;(d) no tari shall be drawn from any tree, and(e) no person shall use, keep or have in his possession any materials, still, utensils, implement or apparatus whatsoever for the purpose of manufacturing any 3[intoxicant] other than tari;except under the authority and subject to the terms and conditions of a license granted in that behalf by the Collector.
1. Subs, for the words “Local Government” by A. O. 1937.
2. Subs, by W. P. Act XVI of 1957, Sen. II. for the words “Revenue Commissioner” which in the N.-W.F.P. were to be read for the original words “Financial Commissioner” seenotification No. 126-Exc., dated 8th-9th February ( 1915, N.-W. F. P. Gazette, 1915, Part I-A pages 132-133. 3. Subs. for the words “excisable articles” by the A. O., 1937. 4. The voids for “coca plaint” omitted by Central Act. II of 1930, Sch-Il.
1914 Pb Act I. EXCISE.
(2) No distillery or brewery shall be constructed or worked except under the authority and subject to the terms and conditions of a license granted in that behalf by the 1[Commissioner] under section 21.
Establishment or licensing of distilleries and breweries.
(a) establish a distillery in which spirit may be manufactured under a. license granted under section 20:(b) discontinue any distillery so established;(c) license the construction and working of a distillery or brewery;(d) make rules regarding (1) the granting of licenses for distilleries, stills or breweries;(2) the security to be deposited by the licensee of a distillery or brewery;(3) the period for which the license shall be granted;(4) the inspection and examination of such distillery or brewery and the warehouses connected therewith and of the spirit or fermented liquor made and stored therein;(5) the management and working of the distillery or brewery;(6) the form of accounts to be maintained and the returns to be submitted by the licensee;
1. Subs, by VV. P. Act XVI of 1957. Sch. II for the words “Revenue Commissioner” which in the N.-W. F. P. were to be read for the original word “Financial Commissioner” we notification No. 126-Exe,. dated 8th-9th February. 1915 N.-W.F.P 1915 part 1-A page 132-133.
2. Subs for the words “Local Government by A.O. 1937..
EXCISE. 1914 : Ph. Act I.
(7) the up-keep of buildings and plant:(8) the size and description of stills, and other plant;(9) the manufacture, storing and passing out of spirit, and the contents of passes;(10) the prices to be charged by the licensee; and(11) any other matters connected with the working of distilleries or breweries.
22 The 1[Commissioner] subject to such restrictions or conditions as the provincial Government] may impose, may—
(a) establish or license a warehouse wherein any 3[intoxicant] may be deposited and kept without payment of duty;(b) discontinue any warehouse so established.
23. No 3[intoxicant] shall be removed from any distillery, brewery, warehouse, or other place of storage established or licensed under this Act, unless the duty (if any) 4[payable under Chapter V] has been paid or a bond has been executed for the payment thereof.
B. — Possession.
Possession of 3(intoxicant).
24. (1) No person shall have in his possession any quantity of any 3[intoxicant] in excess of such quantity as the 2[provincial Government] has, under section 5, declared "to be the limit of retail sale, except under the authority and in accordance with the terms and conditions of—
(a) a license for the manufacture, sale or supply of sucharticle; or
1. Subs, by W. P. Act XVI of! 957, s. 3 (2) Sch. II, for the words "Revenue Commissioner" which in the N.-W. F. P. were to be read for the original words "Finanial Commissioner" vide notification No. 126-Exc. dated 8th-9th February, 1915 N.-W. F, P. Gazette, 1915. Part I-A, pages 132-133.
2. Subs, for "Local Government" by A. O,, 1937. 3. Subs, ibid., for the words" excisable articles". 4. Subs., ibid., far the words "imposed under Section 31".
(b) in the case of intoxicating drugs, a license for the cultivation or collection of the plants from which such drugs were produced; or(c) a permit granted by the Collector in that behalf.
Exceptions.
(a) any 1[intoxicant] in the possession of any excise officer, common carrier or warehouseman as such; or.(b) any foreign liquor which has been purchased by any person for his dona fide private consumption.(3) A licensed vendor shall not have in his possession at any place, other than that authorized by his license, any quantity of any 1[intoxicant] m excess of such quantity as the 2[Provincial Government] has under section 5 declared to be the limit of sale by retail, except under a permit granted by the Collector in that behalf.
Prohibition and restriction of possession of [Intoxicant] in certain cases.
25. No person shall have in his possession any quantity of any 1[intoxicant] knowing the same to have been unlawfully imported transported manufactured, cultivated or collected, or knowing the prescribed duty not to have been paid thereon.
Prohibition of Possession of 1[intoxicant] unlawfully manufactured, imported etc.
C.—Sale.
26. No liquor shall be bottled for sale; and no 1[intoxicant] shall be sold except under the authority and subject to the terms and conditions of a license granted in that behalf; provided that
Sale of 1[intoxicants]
1. Subs, for the words “excisable articles” by A, O. 1937.
2. Subs, for the words “Local Government” by A, O.,1937. 3. For rules in the N.-W. P.P. sec notification No. 760-Exc. dated 13th November, 1916, N.-W.F.P. Gazette, dated 17th November, 1916, page 1204.
EXCISE. 1914 Pb. Act., 1.
Grant of lease of manufacture, etc.
27. (1) The 4[Provincial Government] may lease to any person, on such conditions and for such period as it may deem fit, the right —
(i) of manufacturing or of supplying by wholesale, or of both, or(ii) of selling by wholesale or by retail, or(iii) of manufacturing or of supplying by wholesale, or of both, and of selling by retail;any country liquor or intoxicating drug within any specified local area.(2) The Collector shall grant to a lessee under subsection (1) a license in the term of his lease; and when there is no condition in the lease- which prohibits sub-letting, may, on the application of the lessee, grant a license to any sub-lessee approved by the Collector.
1. The words "or coca" omitted by Central Act II of 1930, Sch. II.
2. Subs, by W. P. Act XVI of 1957, s. 3 (2), Sell. II for the words "Revenue Commissioner" which in the N.-W. F. P. were to be read for the original words "Financial Commissioner" vide notification No. 126-texc., dated 8th-9th February, 1915, N.-W. F. P. Gazette 1915, Part 1-A, paces 132-133. 3. Subs. for the words "Birtish India " by G. G. O. 20 of 1947. 4. Subs, for “Local Government" by the A. O.1937.
1914: Pb. Act I. EXCISE.
28. Within the limits of any military cantonment, and within such distance from those limits as the 1[Federal Government] in any case may prescribe, no license for the manufacture or sale of liquor and no lease of the retail vend of liquor, such as is described in section 27, shall be granted unless with the consent of the Commanding Officer.
Manufacture and sale of liquor in military cantonments.
29. No licensed vendor and no person in the employ of such vendor or acting on his behalf shall sell or deliver any liquor or intoxicating drug to any person apparently under the age of eighteen years whether for consumption by such person or by another person and whether for consumption on or off the premises of such vendor.
Prohibition of sale to persons under the age of eighteen years.
30. (1) No person who is licensed to sell foreign liquor or country spirit for consumption on his premises shall, during the hours in which such premises are kept open for business, employ or permit to be employed, either with or without remuneration, any child under the age of sixteen years in any part of such premises in which such liquor or spirit is consumed by the public.
Prohibition on employment of children under the age of sixteen years and of women.
(2) No person who is licensed to sell foreign liquor or country spirit for consumption in his premises, shall, without the previous permission in writing of the Collector, during the hours in which such premises are kept open for business, employ or permit to be employed, either with or without remuneration, any woman in any part of such premises in which liquor is consumed by the public.(3) Every permission granted under sub-section (2) shall be endorsed on the license, and may be modified or withdrawn.CHAPTER V.DUTIES AND FEES.
Duty on excisable articles.
1. Subs by p. O. 4 of 1975.
2. Subs. for words on excise duty or a counter vaiting duty as the case may be “by W.P. Laws (Adoptation) ord. 1964.3. Subs for the words “Local Government” by A. O. 1937.
EXCISE. 1914 Pb Act I.
Provided as follows:-(i) duty shall not be so imposed on any article which has been imported into 1[Pakistan] and was liable on importation to duty under the 2Indian Tariff Act, 1 894, or the 3Sea Custom Act, 1878;4 * * * * * * *Explanation.— Duty may be imposed under this section at different rates according to the places to which any excisable article is to be removed for consumption, or according to the varying strengths and quality of such article.
32. Subject to such rules regulating the time, place and mariner as the 5[Commissioner] may prescribe, such duty shall be levied rateably on the quantity of excisable article imported, exported, transported, collected or manufactured in, or issued from, a distillery, brewery or warehouse:
Provided that duty may be levied(a) on intoxicating drugs by an acreage rate levied on the cultivation of the hemp6* * * plant, or by a rate charged on the quantity collected;(b) on spirit or beer manufactured in any distillery established or any distillery or brewery licensed, under this Act in accordance with such scale of equivalents 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 7[Provincial Government] may prescribe;
1. Subs, for the words “British India” by G. G. O. 20 of 1947. and then by Adaptation order, 1964.
2. Pakistan Code Vol. IX now the Tarff Act, 1934. 3. Pakistan Code Vol. II. 4. Proviso (ii) omitted by the A. O., 1937. 5. Subs, by W. P. Act VXT of 1957 s. 3 (2), Sch. II, for the words "Revenue Commissioner' which in the N.-W. F. P. were to be read for the original words "Frontier Crimes" vide Notifies tion No. 126-Exc., dated 8th-9th February, 1915, vide N.-W. F. P. Gazette 1915, Part I-A, pages 132-133. 6. The words "or coca" omitted by Central Act II of 1930, Sch. II. 7. Subs for the words “Local Government” by A.Q., 1937. 1914 : Pb Act I. EXCISE
(c) on tari, by a tax on each tree from which the tari is drawn:Provided further that, where payment is made upon issue of an excisable article for sale from a warehouse established or licensed under section 22 (a) it shall be made.—(a) If the '[Provincial Government] by notification so directs, at the rate of duty which is in force at the date of import of that article, or(b) in the absence of such direction by the 1[Provincial Government] a the rate of duty which is in force on that article on the date when it is issued from the warehouse.
Payment for grant of leases.
2[* * * *]
CHAPTER VI.LICENSES, PERMITS AND PASSES.
34. 3(1) Every license, permit or pass granted under this Act shall be granted
Fees for terms, conditions and form of and duration of, licensee, permits and assess.
(a) on payment of such fees, if any,(b) subject to such restrictions and on such conditions,(c) in such form and containing such particulars, (J) for such period, as the 1[Commissioner] may direct.
1. Subs, for the word “Local Government” by A. O., 1937.
2. Section 33-A which was added by A. O., 1937 omitted by W. P. Laws (Adaptation) Order 1964.3. For rules see notification No. 825-Exc:, dated 14th December, 1916, "N.-W.F. P. Gazette" 1916, page 1399, and Notification No. 825, dated 14th December, 1916, "N.-W.F.P. Gazette" dated 29th December, 1916, page 1399, and notification No. 7-Exc;, dated 1 of 5th January, 1917, "N.-W. F.P. Gazette" 19th January, 1917. page 70:
EXCISE. 1914 : Pb. Act I].
Security.
(2) Any authority granting a license under this Act may require the licensee to give such security for the observance of the terms of his license, or to make such deposit in lieu of security, as such authority may think fit.
Grant of licenses for sale.
3.5. (1) Subject to the rules made by the 1[Commissioner] under the powers conferred by this Act, the Collector may grant licenses for the sale of any 2[intoxicant] within his district.
Ascertainment of public opinion.
(2) Before any license is granted in any year for the retail sale of liquor for consumption on any premises which have not been so licensed in the preceding year, the Collector shall take such measures in accordance with rules to be made by the 3[Provincial Government], in this behalf, as may best enable him to ascertain local public opinion in regard to the licensing of such premises.
(3) A license for sale in more than one district of the 4North-West Frontier Province] shall be granted by the 1[Commissioner] only.
Power to cancel or suspend licensee, etc.
36. Subject to such restrictions as the 3[Provincial Government; may prescribe, the authority granting any license, permit or pass under this Act may cancel or suspend it.—
(a) if it is transferred or sublet by the holder thereof without the permission of the said authority; or(b) if any duty or fee payable by the holder thereof be not duly paid: or(c) in the event of any breach by the holder of such license, permit or pass or by his servants, or by any one acting on his behalf with his express or implied permission, of any of the terms or conditions of such license, permit or pass; or
1. Subs. by W. P. Act XVI of 1957, s. 3 (2), Sea, ii, for the words “Revenue Commissioner” Which in the N.-W. F. P. were to be read for the original words “Frantic Crimes” vide notification No. 126-Exc., dated 8th-9th February, 1915, N.-W. F. P. Gazette. 1915, Part I-A. pages 132-133.
2. Subs, for the words “excisable articles” by A. O., 1937. 3. Subs, ibid., for the words “Local Government”. 4. Subs, for the word “Punjab” nine notification No. 126-Exc., dated 8th-9th February, 1915, Part I-A., pages 132-133. The word N.-W. F. P. are now to be construed as the Districts of Bannu. Dcra Ismail Khan, Hazara, Mardan. Kohan and Peshawar, vide W. P. Act XVI of 1959 s. 3 (i) . Sch. I.
37. When a license, permit or pass held by any person is cancelled under clause (a) , (b), (c), (d), or (e) of section 36 the authority aforesaid may cancel any other license, permit or pass granted to such person 5[by, or by the authority of the Provincial Government] within the same district under this Act or under any other law for the time being in force relating to excise revenue or under the 6 Opium Act, 1878, and the 7[Commissioner] may cancel any such license, permit or pass granted to such person in any district to which this Act applies.
Power to cancel and other license.
1. Pakistan Code Vol. III.
2. Ins. by Central Act II of 1930, Sell. II. 3. Subs, for “Indian Pena; Code” by W. P. Act XVI of 1957, Sch. II. 4. Pakistan Code Vol. II. 5. Ins. by A. O., 1937. 6. Pakistan Code Vol. II. 7. Subs. by W P Act, XVI of 1957, s. 3 (2),, Sch, II. for words “Revenue Commissioner” which in the N WF P were to be read for the original words "Financial Commissioner" videnotification No. 126-Exc., dated 8th-9th February. 1915, N.-W.F.P. Gazette, 1915, Pt-I-A, pages 132-133.
EXCISE. 1914 : Pb , Act I.
38. In the case of cancellation or suspension of a license under clause (a), (b), (c), (d) or, (e) of section 36, the fee payable for the balance of the period for which any license would have been current but for such cancellation or suspension, may be recovered from the ex-licensee as excise revenue.
Power of Collector to take grants under management or to resell.
39. If any holder of a license granted under this Act, or any person to whom a lease has been granted under section 27; makes default in complying with any condition imposed upon him by such license or lease, the Collector may take the grant under management at the risk of the person who has so defaulted or may resell it and recover in the manner laid down in section 60 of this Act any deficiency in price and al! expenses of such resale.
No compensation or refund claimable for cancellation or suspension of license, etc., under this section.
40. When a license, permit or pass is cancelled or suspended under clause (a), (b), (c), (d), or (e) of section 36 or under section 37, the holder shall not be entitled to any compensation for its 3 cancellation or suspension, or to the refund of any fee paid or deposit made in respect thereof.
Power to with draw licenses.
41. (1) Whenever the authority which granted a license, permit or pass under this Act considers that such license, permit or pass should be withdrawn for any cause other than those specified in section 36, it may, on remitting a sum equal to the amount of the fees payable in respect there-of for fifteen days, withdraw the license either—
(a) on the expiration of fifteen days notice in writing of its intention to do so, or(b) forthwith without notice.
(2) If any license, permit or pass be withdrawn under clause (b) of sub-section (1), in addition to the sum remitted as aforesaid, there shall be paid to the licensee such further sum (if any) by way of compensation as the 1[Commissioner] may direct.
Refund of fee or deposit.
(3) When a license, permit or pass is withdrawn under this section, any fee paid in advance or deposit made by the licensee in respect thereof shall be refunded to him, after deducting the amount (if any) due to the 2[Provincial Government].
1. Subs. By W. P. Act XVI of 1957, s. 3 (2) Sch. II for the words “Revenue Commissioner”, which in the N.-W. F. P. were to be read for the Original words "Financial Commissioner" vide notification No. 126-Exc, dated 8th-9th February, 1915, N.-W. F. P. Gazette Pt. I-A. pages 1915, 132-133.
2. Subs for the word "Government" by A.. O., 1937. 1914 : Pb, Act I. EXCISE.
Technical irregularities in license, etc.
(2) The decision of the 1[Commissioner] as to what is a technical defect, irregularity or omission shall be final.
43. No person to whom a license, permit or pass may have been granted shall be entitled to claim any renewal thereof, and no claim shall lie for damages or otherwise in consequence of any refusal to renew a license, permit or pass on the expiry of the period for which it remains in force.
No claim in consequence of refusal to renew a license, etc.
44. (1) No holder of a license granted under this Act to sell an 2[intoxicant] shall surrender his license except on the expiration of one months notice in writing given by him to the Collector of his intention to surrender the same and on payment of the fee payable for the license for the whole period for which it would have been current but for the surrender:
Surrender of licenes.
Provided that, if the Collector is satisfied that there is sufficient reason for surrendering the license, he may remit to the holder thereof the sum so payable on surrender or any portion thereof.(2) Sub-section (1) shall not apply in the case of any license granted under section 27 (2).Explanation.—The words "holder of a license" as used in this section includes a person whose tender or bid for a license has been accepted, although he may not actually have received the license.
1. Subs. by W. P. Act XVI of 1957, s. 3 (2) Sch, II for the words "Revenue Commissioner" which in the N.-W. F. P. were to be read for the original words "Financial Commissioner" vide notification No, 126-Exc., dated 8th-9th February, 1915, N.-W. F. P. Gazette, 1915, Part 1-A pages 132-133.
2. Subs, for the words "excisable articles" by A. O., 1937.
3. Subs, ibid., for the words "Local Government".4. Subs, for the word "Punjab" nine notification No. 126-Exc., dated 8th-9th February, 1915, Part I-A., pages 132-133. The word N.-W. F. P. are now to be construed as the Districts of Bannu. Dcra Ismail Khan, Hazara, Mardan. Kohan and Peshawar, vide W. P. Act XVI of 1959 s. 3 (i) . Sch. I.
EXCISE. 1914: Pb. Act. I.CHAPTER - VIIPOWERS AND DUTIES OF OFFICERS, ETC.
45. Any excise officer not below such rank as the 1[Provincial Government] may prescribe may—
Powers of excise officers to invest-igate offences punishable under this Act.
46. (1) The 1[Provincial Government] may by notification invest any excise officer, not below the rank of sub-inspector, with power to investigate any offence punishable under this Act, committed within the limits of the area in which the officer exercises jurisdiction.
(2) Every officer so empowered may within those limits exercise the same power in respect of such investigation as an officer in charge of a police station may exercise in a cognizable case under the provisions of Chapter XIV of the 3Code of Criminal Procedure, 1898.
1. Subs, for "Local Government" by the A. O., 1937.
2. Subs, ibid., for the words "excisable article".3. Pakistan Code Vole IV.
1914: Pb. Act. I. EXCISE.
Powers of arrest seizure and detention.
48. A magistrate having reason to believe that an offence under sections 61 or 63 has been, is being, or is likely to be committed, may —
Power of magistrate to issue warrant for search or arrest.
49. (1) Whenever any excise officer not below such rank as the 1[Provincial Government] may by notification prescribe, has reason to believe that an offence punishable under section 61, section 62, section 63, or Section 64, has been, is being, or is likely to be committed in any place, and that a search-warrant cannot be obtained without affording the offender an opportunity of escape or of concealing evidence of the offence, he may, at any time, by day or night enter and search such place.
Power of excise officer to search without warrant.
(2) Every excise officer as aforesaid may seize any thing found in such place 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 such offence as aforesaid.
Further powers of seizure, detention, search and arrest.
2. Subs, ibid., for the words "excisable".
EXCISE. 1914: Pb. Act. I.
50. Save as in this Act otherwise expressly provided, the provisions of the 1Code of Criminal Procedure, 1898, relating to arrests, detensions in custody, searches, summonses, warrants of arrest, search warrants, production of person arrested and investigation of offence shall be held to be applicable to all action taken in these respects under this Act:
Provided that—
Police to aid excise officers.
51. All police officers are required to aid the excise officers in the due execution of this Act, upon request made by such excise officers.
Duty of landhol-ders and others to give information.
52. (a) Every owner or occupier of land and the agent of any owner or occupier of land on which—
(b) Every lambardar, village headman, village accountant, village watchman, village policeman and every officer employed in the collection of revenue or rent of land on the part of Government or the Court of Wards in whose village—
there shall be any manufacture or illegal import or collection of any 2[intoxicant] not licensed under this Act, or any unlawful cultivation of any plants from which an intoxicating drug can be produced, shall be bound, in the absence of reasonable excuse, to give notice of the same to a magistrate or to an officer of the excise, police or land revenue department as soon as the fact comes to his knowledge.
1. Pakistan Code, Vol. IV.
2. Subs, for the words "excisable article" by the A. O., 1937.
Duty of officer in charge of police station to take charge of articles seized.
54. (1) The District Magistrate or a Sub-Divisional Magistrate by notice in writing to the licensee may require that any shop in which any 1[intoxicant] is sold shall be closed at such times or for such period as he may think necessary for the preservation of the public peace.
Power to close shops for the sake of public peace.
(2) if a riot or unlawful assembly is apprehended or occurs in the vicinity of any such shop, a magistrate of any class may require such shop to be kept closed for such period as he may think necessary:Provided that where any such riot or unlawful assembly occurs the licensee shall, in the absence of a Magistrate, close his shop without any order.(3) When any Sub-Divisional Magistrate makes a direction under sub-section (1) or any Magistrate makes a direction under sub-section (2), he shall forthwith inform the Collector of his action and his reasons there for.CHAPTER VJ1I.GENERAL PROVISIONS
Measures, weig-hts and testing instruments.
1. Subs, for the words “excisable articles” by A. O., 1937.
2. Subs, by W. P. Act. XVI of 1957, s. 3(3), Sch. II. for the words "Revenue Commissioner" which in the N.-W. F. P. were to be read for the original words "Financial Commissioner," vide notification No. 126-Exc., dated 8th-9th, February, 1915, N.-W. F. P., Gazette, 1915, Pt. 1-A., pages 132-133.EXCISE. 1914: Pb. Act. I.
56. The 1[Provincial Government] may, by notification, either wholly or partially and subject to such conditions as it may think fit to prescribe, exempt any 2[intoxicant] from all or any of the provisions of this Act.
Bar of certain suits.
57. No suit shall lie in any civil court against the 3[Provincial Government] or any officer or person for damages for any act in good faith done, or ordered to be done, in pursuance of this Act or of any other law for the time being in force relating to the excise revenue
Powers of 1[Provincial Government] to make rules.
58. (1) The 1[Provincial Government] may, by notification, make 4rules for the purpose of carrying out the provisions of this Act or any other law for the time being in force relating to excise revenue.
(2) In particular, and without prejudice to the generality of the foregoing provisions, the 1[Provincial Government] may make rules—(a) prescribing the duties of excise officer;(b) regulating the delegation of any powers by the 5[Commissioner], Commissioner or Collector, under section 13, clause (b);(c) prescribing the time and manner of presenting, and the procedure for dealing with appeals from orders of excise officers;6(d) regulating the import, export, transport or possession of any 2[intoxicant];
1. Subs, for the words "Local Government" by A. O., 1937,
2. Subs., for the words "excisable article'" by A. O., 1937. 3. Subs, for the word "Crown" by W. P. Laws (Adaptation). Order, 1964, which was previously subs, for the words "Secretary of State for India in Council", by A. O., 1937.4. For rules in the N.-W. F. P., vide notification No. 761-Exc., dated 13th November, 1916, N.-W. F. P., Gazette, 1916, page 1205. 5. Subs, by W. P. Act., XVI of 1957, s 3 (2), Sen. II, for the words "Revenue Commissioner" which in the N.-W. F. P., were to be read for the original words "Financial Commissioner" vide notification No. 126-Exc.. dated 8-9th February, 1915. N.-W. F. P., Gazette, 1915, Part 1-A., pages 132-133. 6. For rules see notification No. 762-Exc., dated 15th Novembers, 1916, N.-W. F. P.. Gazette, dated 17th November, 1916, page 1200, and Notification No. Exc., dated 13th November, 1916, N.-W. F. P., Gazette, dated 17th November, 1916, page 1202. and Notification No. 753 Exc., dated November. 1916, N.-W. F. P.. Gazette, dated 17th November Page 1201.
3(f) prescribing the procedure to be followed and the matters to be ascertained before any license is granted for the retail vend of liquor for consumption on the premises;4(g) for the prohibition of the sale of any 2[inotxicant] to any person or class of premises;
5(i) regulating the grant of expenses to witnesses and compensation to persons charged with offences under this Act and subsequently released, discharged or acquitted;5(j) for the prohibition of the employment by a license holder or any person or class of persons to assist in his business in any capacity what-soever;(k) for the prevention of drunkenness, gambling and disorderly conduct in or near any licensed premises, and the meeting or remaining of persons of bad character in such premises.
Previous publica-tion of rules.
Provided that any such rules may be made without previous publication if the 6[Provincial Government] consider that they should be brought into force at once.
1. For rules see Notification No. 722-Exc., dated 20th October 1916. N -W. F. P., Gazette, dated 22nd October, 1916, page 1136.
2. Subs, for the words “excisable articles” by the A. O., 1937.3. For rules see Notification No. 723-Exc.. dated 20th October, 1916, N.-W. F. P. Gazette, dated 27th October, 1916, page 1137.4. For rules see Notification No. 724-Exc.. dated 20th October 1916 N-W. F. P. Gazette, dated 27th October, 1916, page 1137.5. For rules see Notification No. 725-Exc., dated 13th November N.-W. F. P Gazette, dated 27th October, 1916, page 1138.6. Subs, for "Local Government" by the A. O., 1937.
EXCISE. 1914: Pb. Act I.
59. The 1[Commissioner] may, by notification,2make rules —
3(a) regulating the manufacture, supply, storage or sale of any 4[intoxicant] including—
(b) regulating the bottling of liquor for purposes of sale;
(d) prescribing the scale of fees or the manner of fixing the fees payable in respect of any licence, permit or pass or in respect of the storing of any 4[intoxicant](e) regulating the time, place and manner of payment of any duty or fee;
1. Subs, by W. P. Act. XVI of 1957, s. 3 (2) and Sch. II, of the words "Revenue Commissioner" which in the N.-W. F. P., were to be read for the original words "Financial Commissioner" see Notification No. 126-Exc. dated 8th-9th February, 1915, N.-W. F. P. Gazette 1915, Part 1-A., pages 132-133.
2. See Notification No. 826-Exc., dated 14th December, 1916, N.-W. F. P. Gazette, dated 20tb December, 1916, page 1411, and Notification No. 98-Exc., dated 10th February, 1923, N.-W. F. P., Gazette, dated 16th February, 1923, page, 1922, and Notification No. 825-Exc., dated 14th December, 1916, N.-W. F. P., Gazette, 29th November, 1916. page 1399, notification No. 7-Exc., dated 15th January, 1917, "N.-W. F. P., Gazette" dated 19th January, 1917, page 70, notification No. 5-Exc., dated 5th January, 1917, "N.-W.F.P., Gazette" dated 19th January, 1917 page 68, notification No. 825-Exc., dated 14th December, 1916, "N.-W. F. P., Gazette" dated 14th December, 1916, paw 1399, notification No. 826-Exc., dated 14th December, 1916, "N.-W. F. P. Gazette", dated"l4tb December, 1916, page 1411, and notification No. 793 Exc., dated 27th November, 1916, "N.-W.F. P., Gazette, dated 8th December, 1916, page 1964. 3. See notification No. 6-Exc., dated 5th January, 1917, "N.-W. F. P., Gazette", dated 19th January, 1917, page 78, and notification No. 101-Exc., dated 10th February, 1923, "N.-W. F. P., Gazette", dated 16th February, 1923, page 122. 4. Subs, for the words "excisable article" by the A. O., 1937. 5. The words "or coca" omitted by Central Act. II, of 1930. Sch. II.1914:Pb.Act I. EXCISE.1(f) prescribing the authority by, the restrictions under and the conditions on, which any license, permit or pass may be granted, including provision for the following matters:—2(i) the prohibition of the admixture with any 3[intoxicant] of any substance deemed to be noxious or objectionable;(ii) the regulation or prohibition of the reduction of liquor by a licensed manufacturer or licensed vendor from a higher to a lower strength;(iii) the fixing of the strength, or price below which any 3[intoxicant] shall not be sold, supplied or possessed;(iv) the prohibition of sale of any 3[intoxicant] except for cash;(v) the fixing of the days and hours during which any licensed premises may or may not be kept open, and the closure of such premises on special occasions.(vi) the specification of the nature of the premises in which any 3[intoxicant] may be sold, and the notices to be exposed at such premises;(vii) the form of the accounts to be maintained and the returns to be submitted by license-holders, and(viii) the prohibition or regulation of the transfer of licenses;(g) (i) declaring the process by which spirit shall be denatured;(ii) for causing spirit to be denatured through the agency or under the supervision of its own officers;(iii) for ascertaining whether such spirit has been denatured;(h) providing for the destruction or other disposal of any 3[intoxicant] deemed to be unfit for use:
1. For rules see notification No. 5-Exc., dated 5th January, 1917, N.-W. F. P., Gazette, dated 11th January, 1917 page 64 and notification No. 6-Exc., dated 7th January, 1917, N.-W. F. P., Gazette, dated 11th January, 1917 page 69.
2. For rules, see notification No. 77-Exc., dated 25th January, 1917, N.-W. F. P. Gazette, dated 9th February, 1917, page 198. 3. Subs, for the words "excisable article" by the A. O., 1937.
EXCISE. 1914: Pb, Act. I.1(i) regulating the disposal of confiscated articles;(j) prescribing the amount of security to be deposited by holders of leases, licenses, permits or passes for the pertormance of the conditions of the same.
60. 2[(1) The following monies, namely: —
(a) all excise revenue.(b) any loss that may accrue, when in consequence of default a grant has been taken under management by the Collector or has been re-sold by him under section 39, and(c) all amounts due to the state by any person on account of any contract relating to the excise revenue,may be recovered from the persons primarily liable to pay the same, or from his surety, (if any), as arrears of land revenue].(2) When a grant has been taken under management by the Collector or has been resold by him under section 19 the Collector may recover, in any manner authorized by sub-section (1) any money due to the defaulter by any lessee or assignee.(3) In the event of default by any person licensed or holding a lease under this Act all his distillery, brewery, warehouse or shop, premises, fittings or apparatus and all stocks of 3[intoxicants] or materials for manufacture of the same held in or upon any distillery, brewery, warehouse or shop premises shall be liable to be attached in satisfaction of any claim for excise revenue or in respect of losses incurred by the 4[Provincial Government] through such default and to be sold to satisfy such claim, which shall be afirst charge upon the sale-proceeds.
1. For rules, see notification No. 795E-Exc., dated 27th November 916., N.-W. F. P, Gazette, dated the 8th December, 1916, page 1300.
2. Subs. Sub Section 1 of Section 60 Subs, by W.P. Act No. ix of 1956.3. Subs, for the words "excisable articles" by the A. O., 1937 4. Subs. ibid, for the word "Government".
1914: Pb. Act. I. EXCISE.CHAPTER IX.OFFENCES AND PENALTIES.
Penalty for unlawful import, export, transport, manufacture, possession, etc.
shall be punishable for every such offence with imprisonment for a term which may extend to 2[two years] or with fine which may extend to 3[two thousand] rupees or with both;4 * * * * * * * * *
Penalty for unlawful import, export, transport manufa-cture, possession, sale, etc.
1. Subs, for the words "excisable article" by the A. O., 1937.
2. Subs, for the words "one year" by Punjab Act II of 1925. s. 2. This Act, has been extended to the N.-W. F. P., see notification No. 318-Exc., dated 14th April, 1927, N.-W. F. P., Gazette, 1927, Pt.-A., page 510. 3. Subs, ibid, for the words "one thousand". 4. Proviso omitted. ibid. 5. The words "or coca" omitted by Central Act, II of 1930, Sch. II.EXCISE. 1914: Pb. Act. I.(d) bottles any liquor for the purposes of sale ; or(e) taps or draws tari from any tari-producing tree :shall be punishable with imprisonment for a term which may extend to 1[one year] or with fine which may extend to 2[two thousand) rupees, or with both;3* * * * * * * * * *
62. If any licensed vendor, or any person in his employ or acting on his behalf—
he shall in addition to any other penalty to which he may be liable be punishable with a fine which may extend to five hundred rupees.When any licensed vendor or any person, in his employ or acting on his behalf is charged with permitting drunkenness or intoxication on the licensed premises of such vendor, and it is proved that any person was drunk or intoxicated on such premises, it
1. Subs, for the words "six months" by Punjab Act, II of 1925, s. 2. This Act has been extended to the N.-W. F. P., see notification No. 318, Exc., dated 14th April, 1927, N.-W F.P., Gazette, 1927, Pt. I-A., page 510.
2. Subs, ibid, for the words "one-thousand". 3. Proviso omitted, ibid, . 4. Subs, for the words "excisable article" by the A, O, 1937. 1914: Pb. Act. I. EXCISE.lie on the person charged to prove that the licensed vendor or the person employed by him or acting on his behalf took all reasonable steps for preventing drunkenness or intoxication on such premises.
Penalty for attempting to render denatured spirit fit for human consumption.
64. If any licensed manufacturer or licenced vendor or any person in his employ or acting on his behalf:—
Penalty for fraud by licensed manufacture or vendor or his servant.
he shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.
Penalty for certain acts by licensec or his servant.
(a) fails wilfully to produce such license, permit or pass on the demand of any excise officer or of any other officer duly empowered to make such demand; or
1. Subs, for the words "The Provinces and capital of Federation by W. P. Laws (Adaptation) order 1964.
EXCISE. 1914: Pb Act. I.
shall be punishable in case (a) with fine which may extend to two hundred rupees, and in case (b) or case (c) with fine which may extend to five hundred rupees.
66. (1) If any chemist, druggist, apothecary or keeper of a dispensary allows any l[intoxicant] which has not been bona fide medicated for medicinal purposes to be consumed on his business premises by any person nor employed in his business, he shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both.
(2) If any person not employed as aforesaid consumes any such 1[intoxicant] on such premises, he shall be punishable with a fine which may extend to two hundred rupees.
67. (1) When any 1[intoxicant] has been manufactured or sold or is possessed by any person on account of any other person and such other person knows or has reason to believe that such manufacture or sale was; or that such possession is, on his account, the article shall for the purposes of this Act be deemed to have been manufactured or sold by or to be in the possession of such other person.
(2) Nothing in sub-section (1) shall absolve any person who manufactures, sells or has possession of an 1[intoxicant] on account of another person from liability to any punishment under this Act for the unlawful manufacture, sale or possession of such article.
68. Whoever is guilty of any act or intentional omission in contravention of any of the provisions of this Act, or of any rule, notification or order made, issued or given there under, and not otherwise provided for in this Act, shall be punishable for every such act or omission with a fine which may extend to two hundred rupees.
1. Sub, for the word "excisable article" by the A. O., 1937.
1914: Pb. Act. I.] EXCISE.
Attempt to commit offences punishable under this Act.
70. If an excise officer—
Penalty for excise officer making vexatious search etc.
he shall be liable to imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both,
Report by investi-gation officer or institution of proceedings.
1. Pakistan Code, Volume IV.
72. 1[Offences punishable under this Act, shall be bailable within the meaning of the 2Code of Criminal Procedure, 1898.]
73. (1) The 3[Provincial Government] may empower any excise officer to grant bail, notwithstanding that such officer is not empowered under section 46.
(2) When a person is arrested under this Act, otherwise than on warrant, by a person or officer who is not empowered to grant bail, he shall be produced before or forwarded to—
(3) Whenever any person arrested under this Act, otherwise than on a warrant, is prepared to give bail, and is arrested by, or produced in accordance with sub-section (2) before an officer empowered to grant bail, he shall be released upon bail, or, at the discretion of the officer releasing him, on his own bond.(4) The provisions of sections 499 to 502, 513, 514 and 515 of the 2[Code of Criminal Procedure, 1898, shall apply, so far as may be, in every case in which bail is accepted or a bond taken under this section.74. [Enhanced punishment after previous conviction] Repealed by 4Punjab Act II of 1925s. 3.
75. (1) No magistrate shall take cognizance of an offencepunishable—
(a) under section 61 or section 66 except on his own knowledge or suspicion or on the co plaint or report of an excise officer, or
1. Section 72 subs by W.P. Act IX of 1956 S3
2. Pakistan Code, Volume IV. 3. Subs, for "Local Government" by the A. O., 1937.4. This Act, has been extended to the N.-W. F. P., see notification No. 318-Exc., dated 14th April, 1927, N.-W. F. P., Gazette, 1927. Pt. I-A., page 510.
1914: Pb. Actl]. EXCISE.(b) under section 62, section 63, section 64, section 65, section 68 or section 70, except on the complaint or report of the Collector or an excise officer authorized by him in that behalf.(2) Except with the special sanction of the 1[Provincial Government], no magistrate shall take cognizance of any offence punishable under this Act, unless the prosecution is instituted within 2[Six month] after the date on which the offence is alleged to have been committed.
Presumption as to commission of offence in certain cases.
(a) any still, utensil, implements or apparatus whatsoever or any part or parts thereof, such as are ordinarily used for the manufacture of any 3[intoxicant] other than tari;(b) any materials which have undergone any process towards the manufacture of an 3[intoxicant] or from which an 3[intoxicant] has been manufactured,it shall be presumed, until the contrary is proved, that his possession was in contravention of the provisions of this Act.
Liability of employer for offence committed by employee or agent.
Provided that no person other than the actual offender shall be punished with imprisonment except in default of payment of fine.
Confiscation of article in respect of which offence committed.
1. Subs, for "Local Government" by the A. O., 1937. 2. Subs, by W.P. Act No. IX of 1956, S. 4.3. Subs, for the words "excisable article" by A. O., 1937.
EXCISE. [1914: Pb. Act. T.
shall be liable to confiscation:Provided that when it is proved that the receptacles, animals, or other articles specified in clauses (d) and (e) are not the property of offender, they shall not be liable to confiscation if the owner thereof establishes that he had no reason to believe that such offence was being or was likely to be committed.
(2) When in the trial of any offence punishable under this Act, the magistrate decides that anything is liable to confiscation under sub-section (1), he may order confiscation:
Provided that in lieu of ordering confiscation he may give the owner of the thing liable to be confiscated an option to pay such fine as the magistrate thinks fit.
79. When there is reason to believe that an offence under this Act has been committed, but the offender is not known or cannot be found and when anything or animal liable to, confiscation under this Act and not in the possession of any person cannot be satisfactorily accounted for the case shall be inquired into and determined by the Collector, who may order confiscation :
Provided that no such order shall be made until the expiration of one month from the date of seizing the thing or animal in question or without hearing the person (if any) claiming any right thereto, and the evidence (if any) which he produces in support of the claim:Provided further, that if the thing in question is liable to speedy and natural decay, or if the Collector is of opinion that the sale of the thing or animal in question would be for the benefit of its owner, the Collector may at any time, direct it to be sold, and the provisions of this section shall, so far as may be, apply to the net proceeds of such sale.
1. Subs, for the words "excisable article" by the A.O., 1937.
1914 : Pb. Act I] EXCISE
Power of excise officers to compound offences.
(2) The cancellation or suspension of any license, permit or pass under section 36 (a), (b) or (c) of this Act may be foregone or revoked by and at the sole discretion of the authority having power to cancel or suspend it on payment by the holder of such license, permit or pass of such penalty as such authority may fix.(3) Where any 1[intoxicant] has been seized under the provisions of this Act, the Collector may, in his discretion, at any time before a Magistrate has passed an order under section 78, sub-section (2), release it on receiving payment of the value thereof.
SCHEDULE(See section – 2)ENACTMENTS REPEALED.
Number
Short title
Extent of repeal
ACTS OF THE GOVERNOR-GENERAL IN COUNCIL
1863
XVI
The Excise (Spirits) Act, 1863
The whole.
1894
VIII
The Indian Tariff Act, 1894
Section – 6.
1896
XII
The Excise Act, 1896
1906
VII
The Excise (Amendment) Act, 1906
Do.
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