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Bar News Acts League

The Bihar Prohibition and Excise Act, 2016

Act ID: 2016

The Bihar Prohibition and Excise Act, 2016

"An Act to enforce, implement and promote complete Prohibition of liquor and intoxicants in the territory of the State of Bihar."

Table of Contents

100 Sections

Ch. IP

reliminary

S.1Short title, extent and Commencement S.2Definition S.3Power to declare intoxicant S.4Saving of certain Acts

Ch. IIE

stablishment and Control

S.5Appointment of Excise Commissioner S.6Appointment of Excise Officers S.7Delegation and withdrawal of powers S.8Role of the Collector S.9Role of the Superintendent of Police S.10Powers and functions of the Excise Commissioner S.11Excise Intelligence Bureau S.12Persons with special powers

Ch. IIIP

rohibition Etc. Ofintoxicants

S.13Prohibition of liquor or intoxicants S.14Movement of Intoxicants etc S.15Restrictions on Vehicles carrying intoxicants etc S.16Power to Regulate Transport of Intoxicants

Ch. IVR

enewal of License and Permit to the Existing Licensees

S.17Renewal of Licenses for Distilleries, breweries, etc S.18Non Transferability of Licenses & permits S.19Powers of the Board S.20Qualifications for grant of license S.21Holograms S.22Power to suspend or cancel license and permit S.23Bar to the right of renewal and to compensation S.24Power of the State Government to withdraw or not to renew a license S.25Power of the Collector to take over the Management

Ch. VE

xcise Revenue

S.26Nature and components of excise revenue S.27Fees for terms, conditions, and form of, and duration of, licenses, permits and passes S.28Excise revenue to be paid irrespective of pendency of any writ petition, suit, etc S.29Power to impose duty on import, export, transport and manufacture

Ch. VIO

ffences and Penalties

S.30[ Penalty for unlawful manufacture, import, export, transport, possession, sale, purchase, distribution, etc. of any intoxicant or liquor. [Substituted by Bihar Act No. 8 of 2018, dated 30.7.2018.]S.31Commission of offence by companies S.32[ Presumption as to commission of offence in certain cases. [Substituted by Bihar Act No. 8 of 2018, dated 30.7.2018.]S.33Penalty for rendering denatured spirit fit for human consumption S.34Penalty for mixing noxious substance with liquor S.35[ [Deleted by Bihar Act No. 8 of 2018, dated 30.7.2018.]S.36[ Penalty for dealing in spurious liquor. [Substituted by Bihar Act No. 8 of 2018, dated 30.7.2018.]S.37Penalty for consumption of liquor S.38[ [Deleted by Bihar Act No. 8 of 2018, dated 30.7.2018.]S.39Penalty for consumption of liquor in chemist's shop S.40Penalty for unlawful advertisement S.41Penalty for import, export, manufacture, transport, sale or possession by one person on account of another S.42Order by Collector to pay compensation S.43Penalty for misconduct of licensees, etc S.44Penalty for employing minors or women in illegal liquor trade S.45Penalty for assault and obstruction S.46Penalty for non-payment of duty or fee S.47Penalty for allowing premises, etc., to be used for commission of an offence S.48Penalty for attempt to commit an offence S.49Penalty for Contempt of Court S.50Penalty on excise officer or police officer for making vexatious search, seizure, detention or arrest S.51Penalty on excise officer or police officer refusing to do duty S.52Penalty for offences not otherwise provided for S.53[ [Deleted by Bihar Act No. 8 of 2018, dated 30.7.2018.]S.54[ Failure of occupier to disclose information of unlicensed manufacture or cultivation or consumption of liquor or intoxicant. [Substituted Bihar Act No. 8 of 2018, dated 30.7.2018.]S.55Non-compounding of offences S.56[ Things liable for confiscation. [Substituted Bihar Act No. 8 of 2018, dated 30.7.2018.]S.57Power of Collector, etc., to order sale or destruction of articles before confiscation S.58Confiscation by District Collector S.59Order of confiscation and destruction not to interfere with other punishment S.60Bar of jurisdiction in confiscation S.61Confiscated articles to vest with the Collector S.62[ Premises liable to be sealed. [Substituted Bihar Act No. 8 of 2018, dated 30.7.2018.]S.63Power of Collector to close places where liquor, intoxicant or hemp is sold in certain cases S.64[ [Deleted by Bihar Act No. 8 of 2018, dated 30.7.2018.]S.65Power of the State Government to withdraw facilities, privileges etc

Ch. VIIE

xternment and Internment

S.66[ [Deleted by Bihar Act No. 8 of 2018, dated 30.7.2018.]S.67Extension of period of order S.68Permission to return temporarily S.69Nature of evidence S.70Immediate Arrest S.71Penalty for non-compliance of order under Section-66 S.72Powers in relation to absconding person

Ch. VIIIDe

tection, Investigation and Trial of Offences

S.73Power to enter, inspect, search and seize S.74Power to arrest or detain without warrant S.75Power to conduct breath analysis tests and medical tests S.76Offences to be Cognizable and Non-Bailable S.77Power to obtain information S.78Power to investigate S.79Powers of the Excise Officer S.80Production of Persons arrested S.81Duty of police to accept seized articles and arrested persons S.82Reports of arrests, seizures and searches S.83Trial by the Court S.84Special Courts S.85Procedure and Power of the Special Judge S.86Power to transfer cases to Regular Courts S.87Power of the Special Court to implead manufacturer, owner, occupier, etc S.88Special/ Additional Public Prosecutors S.89Appeal S.90Application of certain provisions of the Code of Criminal Procedure, 1973 S.91Procedure for launching Prosecution

Ch. IXA

ppeals and Revision

S.92Appeals S.93Revision

Ch. XE

xemptions

S.94Power of State Government to exempt intoxicants from the provisions of this Act

Ch. XIMis

cellaneous

S.95Power of the State Government to make rules S.96Officers to be Public Servants S.97Orders to remain in force S.98Repeal and Savings S.99Validation S.100Power to remove difficulty