THE MADHYA PRADESH EXCISE ACT, 1915

PREAMBLE

What is the Act number of the Madhya Pradesh Excise Act, 1915?

It is Act No. II of 1915.

What is the objective of the Madhya Pradesh Excise Act, 1915?

The Act aims to consolidate and amend the law relating to intoxicating liquor and intoxicating drugs in Madhya Pradesh.

Which activities are regulated under the Madhya Pradesh Excise Act, 1915?

The Act regulates import, export, transport, manufacture, sale and possession of intoxicating liquor and intoxicating drugs.

What sanction was required before passing the Madhya Pradesh Excise Act, 1915?

The previous sanction of the Governor-General under Section 5 of the Indian Councils Act, 1892 was obtained.

Under which law was the sanction required for the Madhya Pradesh Excise Act, 1915?

Section 5 of the Indian Councils Act, 1892.

CHAPTER-I

PRELIMINARY

What is the short title of the Act mentioned in Section 1(1)?

The short title of the Act is the Madhya Pradesh Excise Act, 1915.

To which geographical area does the Madhya Pradesh Excise Act, 1915 extend?

The Act extends to and is in force throughout the whole of the State of Madhya Pradesh.

What is the contextual rule for interpreting definitions under Section 2 of the Madhya Pradesh Excise Act, 1915?

The definitions provided in Section 2 apply unless there is anything repugnant in the subject or context.

What is meant by “beer” under Section 2(1) of the Madhya Pradesh Excise Act, 1915?

“Beer” includes ale, stout, porter and all other fermented liquors that are usually made from malt.

What does the term “bottle” mean under Section 2(2) of the Madhya Pradesh Excise Act, 1915?

“Bottle” means transferring liquor from a cask or other vessel into a bottle, jar, flask or similar receptacle for the purpose of sale, and the term also includes re-bottling.

Who is the “Chief Revenue Authority” under Section 2(3) of the Madhya Pradesh Excise Act, 1915?

The “Chief Revenue Authority” is the authority declared by the State Government to act as the Chief Revenue Authority for the purposes of the Act.

What is a “common drinking-house” under Section 2(4) of the Madhya Pradesh Excise Act, 1915?

A “common drinking-house” is a place where drinking of liquor is allowed for the profit or gain of the person owning, occupying, using, keeping or managing the place, whether by charging for the use of the place, providing drinking facilities, or by any other manner.

What does “denatured” mean under Section 2(5) of the Madhya Pradesh Excise Act, 1915?

“Denatured” means rendered unfit for human consumption in the manner prescribed by the Government.

What are “excisable articles” under Section 2(6) of the Madhya Pradesh Excise Act, 1915?

“Excisable article” includes any alcoholic liquor for human consumption, any intoxicating drug, and opium or poppy straw as defined in Section 2 clauses (xv) and (xviii) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

What is meant by “excise duty” and “countervailing duty” under Section 2(6-a) of the Madhya Pradesh Excise Act, 1915?

These refer to the duties mentioned in Entry 51 of List II of the Seventh Schedule to the Constitution relating to duties imposed by the State on excisable articles.

Who is an “Excise Officer” under Section 2(7) of the Madhya Pradesh Excise Act, 1915?

An “Excise Officer” means a Collector or any officer or other person appointed or invested with powers under Section 7 of the Act.

What is “excise revenue” under Section 2(8) of the Madhya Pradesh Excise Act, 1915?

“Excise revenue” means revenue derived or derivable from any duty, fee, tax, penalty, payment (other than a fine imposed by a court), or confiscation imposed, ordered or agreed to under the Act or any law relating to liquor or intoxicating drugs.

What does “export” mean under Section 2(9) of the Madhya Pradesh Excise Act, 1915?

“Export” means taking any excisable article out of the State otherwise than across a customs frontier as defined by the Central Government.

SECTION 2 (10) OMITTED

What does “import” mean under Section 2(11) of the Madhya Pradesh Excise Act, 1915?

“Import” means bringing any excisable article into the State otherwise than across a customs frontier as defined by the Central Government, except when used in the phrase “import into India”.

What is meant by “intoxicant” under Section 2(11-a) of the Madhya Pradesh Excise Act, 1915?

“Intoxicant” means any liquor or intoxicating drug.

What is an “intoxicating drug” under Section 2(12) of the Madhya Pradesh Excise Act, 1915?

“Intoxicating drug” includes the leaves, small stalks and flowering or fruiting tops of the Indian hemp plant (Cannabis sativa) known as bhang, sindhi or ganja, mixtures of such substances or drinks prepared from them, and any other intoxicating or narcotic substance declared by the State Government by notification, excluding narcotic drugs defined under the NDPS Act, 1985.

What is “liquor” under Section 2(13) of the Madhya Pradesh Excise Act, 1915?

“Liquor” means intoxicating liquor and includes spirits of wine, spirit, wine, tari, beer, all liquids containing alcohol, and any substance declared by the State Government by notification to be liquor for the purposes of the Act.

What does “manufacture” include under Section 2(14) of the Madhya Pradesh Excise Act, 1915?

“Manufacture” includes every natural or artificial process by which any intoxicant is produced or prepared and also includes redistillation and processes for rectifying, flavouring, blending or colouring liquor.

What is included in the term “place” under Section 2(15) of the Madhya Pradesh Excise Act, 1915?

“Place” includes a house, building, shop, booth, tent, enclosure, space, vessel, raft or vehicle.

What is included within the expression “sale” under Section 2(16) of the Madhya Pradesh Excise Act, 1915?

The expression “sale” includes any transfer of an article otherwise than by way of gift.

What does “spirit” mean under Section 2(17) of the Madhya Pradesh Excise Act, 1915?

“Spirit” means any liquor containing alcohol obtained by distillation, whether denatured or not.

What is “tari” under Section 2(18) of the Madhya Pradesh Excise Act, 1915?

“Tari” means fermented or unfermented juice drawn from any kind of palm tree.

What does “transport” mean under Section 2(19) of the Madhya Pradesh Excise Act, 1915?

“Transport” means moving any excisable article from one place to another within the State.

3. [Omitted]

What power is conferred upon the State Government under Section 4 of the Madhya Pradesh Excise Act, 1915?

Section 4 empowers the State Government to declare what shall be deemed to be “country liquor” and “foreign liquor” for the purposes of the Act.

How can the State Government declare liquor as country liquor or foreign liquor under Section 4 of the Madhya Pradesh Excise Act, 1915?

The State Government may exercise this power by issuing a notification declaring what shall be treated as “country liquor” and “foreign liquor”.

For what extent of the Act can the State Government classify liquor as country liquor or foreign liquor under Section 4 of the Madhya Pradesh Excise Act, 1915?

The declaration made by the State Government may apply to the whole Act or to any specified portion of the Act.

What is the subject matter of Section 5 of the Madhya Pradesh Excise Act, 1915?

Section 5 provides for the definition and determination of retail sale and wholesale sale of intoxicants under the Act.

What power is granted to the State Government under Section 5(1) of the Madhya Pradesh Excise Act, 1915?

Under Section 5(1), the State Government may, by notification, declare the quantity of any intoxicant that shall be regarded as the limit of a retail sale for the purposes of the Act.

To which geographical area can the notification under Section 5(1) of the Madhya Pradesh Excise Act, 1915 apply?

The notification issued under Section 5(1) may apply to the whole State or to any specified local area.

In relation to whom can the State Government fix the retail sale limit under Section 5(1) of the Madhya Pradesh Excise Act, 1915?

The State Government may declare the retail sale limit with respect to purchasers generally or any specified class of purchasers.

For what circumstances can the State Government determine the retail sale quantity under Section 5(1) of the Madhya Pradesh Excise Act, 1915?

The State Government may determine the quantity either generally or for any specified occasion.

What is deemed to be a wholesale sale under Section 5(2) of the Madhya Pradesh Excise Act, 1915?

Under Section 5(2), the sale of any intoxicant in a quantity exceeding the quantity declared as the limit of retail sale under Section 5(1) shall be deemed to be a wholesale sale.

What is the subject matter of Section 6 of the Madhya Pradesh Excise Act, 1915?

Section 6 provides a saving clause stating that the provisions of the Act shall not affect certain existing enactments or any rules or orders made under them.

Which Act relating to customs is saved from the operation of the Madhya Pradesh Excise Act, 1915 under Section 6?

Under Section 6, nothing in the Madhya Pradesh Excise Act, 1915 affects the provisions of the Sea Customs Act, 1878 or any rules or orders made under it.

What other Acts are included under section 6 of the MP Excise Act?

The Indian Tariff Act, 1894 (VIII of 1894), (except Section 6 thereof) or the Cantonment Act, 1910 (XV of 1910).

CHAPTER-II

ESTABLISHMENT AND CONTROL

What is the subject matter of Section 7 of the Madhya Pradesh Excise Act, 1915?

Section 7 empowers the State Government to establish the excise administrative structure and to appoint officers and confer, delegate, or withdraw powers for the administration of the Excise Department and the collection of excise revenue.

For what territorial scope can the State Government exercise its powers under Section 7 of the Madhya Pradesh Excise Act, 1915?

The State Government may exercise its powers under Section 7 by notification for the whole State or for any specified part of the State.

What appointment can the State Government make under Section 7(a) of the Madhya Pradesh Excise Act, 1915?

Under Section 7(a), the State Government may appoint an officer known as the Excise Commissioner.

What are the functions of the Excise Commissioner under Section 7(a) of the Madhya Pradesh Excise Act, 1915?

The Excise Commissioner, subject to such control as the State Government may direct, shall superintend the administration of the Excise Department and the collection of excise revenue.

What power does the State Government have regarding the powers of the Collector under Section 7(b) of the Madhya Pradesh Excise Act, 1915?

Under Section 7(b), the State Government may appoint any person other than the Collector to exercise all or any of the powers and perform all or any of the duties conferred or imposed on a Collector by or under the Act.

In what manner can the powers of the Collector be exercised by a person appointed under Section 7(b) of the Madhya Pradesh Excise Act, 1915?

The appointed person may exercise such powers either concurrently with, in subordination to, or in exclusion of the Collector, subject to such control as the State Government may direct.

What power does the State Government have regarding excise officers under Section 7(c) of the Madhya Pradesh Excise Act, 1915?

Under Section 7(c), the State Government may appoint officers of the Excise Department of such classes and with such designations, powers and duties as it considers appropriate.

What authority does the State Government have regarding the exercise of powers assigned to excise officers under Section 7(d) of the Madhya Pradesh Excise Act, 1915?

Under Section 7(d), the State Government may order that all or any of the powers and duties assigned to any officer appointed under clause (c) shall be exercised and performed by any government servant or any other person.

What powers can the State Government delegate under Section 7(e) of the Madhya Pradesh Excise Act, 1915?

Under Section 7(e), the State Government may delegate to the Chief Revenue Authority or the Excise Commissioner all or any of its powers under the Act except the power to make rules under Section 62.

What authority does the State Government have regarding withdrawal of powers under Section 7(f) of the Madhya Pradesh Excise Act, 1915?

Under Section 7(f), the State Government may withdraw from any officer or person all or any of the powers conferred upon him under the Act.

What delegation is permitted under Section 7(g) of the Madhya Pradesh Excise Act, 1915?

Under Section 7(g), the State Government may permit the Chief Revenue Authority, the Excise Commissioner or the Collector to delegate any of their powers or duties under the Act to any specified person or class of persons.

Can powers relating to excise revenue under other laws be delegated under Section 7(g) of the Madhya Pradesh Excise Act, 1915?

Yes, under Section 7(g), powers exercised or duties discharged in respect of excise revenue under any other law in force may also be delegated to specified persons or classes of persons.

What is the subject matter of Section 7-A of the Madhya Pradesh Excise Act, 1915?

Section 7-A provides for the establishment of flying squads by the State Government to investigate cases of suspected evasion of excise revenue or contravention of the provisions of the Act or the rules made thereunder.

What power is conferred upon the State Government under Section 7-A(1) of the Madhya Pradesh Excise Act, 1915?

Under Section 7-A(1), the State Government may, by notification, establish flying squads for investigating cases of alleged or suspected evasion of excise revenue or contravention of the provisions of the Act or the rules made under it.

What must the State Government specify while establishing flying squads under Section 7-A(1) of the Madhya Pradesh Excise Act, 1915?

The State Government must specify in the notification the area over which the flying squad shall exercise its jurisdiction.

Who constitutes the flying squad under Section 7-A(2) of the Madhya Pradesh Excise Act, 1915?

Under Section 7-A(2), a flying squad consists of excise officers and such other persons as the State Government may appoint to it from time to time.

What powers and duties are exercised by members of the flying squad under Section 7-A(3) of the Madhya Pradesh Excise Act, 1915?

Under Section 7-A(3), the excise officers or other persons appointed to the flying squad shall exercise such powers and perform such duties as may be conferred or imposed under Section 7 of the Act.

CHAPTER-III

IMPORT, EXPORT AND TRANSPORT

What is the subject matter of Section 8 of the Madhya Pradesh Excise Act, 1915?

Section 8 empowers the State Government to prohibit the import, export or transport of intoxicants and to make provisions for effective control of certain substances used in the manufacture of liquor.

How does the State Government exercise the powers granted under Section 8 of the Madhya Pradesh Excise Act, 1915?

The State Government exercises the powers under Section 8 by issuing a notification.

What power is granted to the State Government under Section 8(a) of the Madhya Pradesh Excise Act, 1915?

Under Section 8(a), the State Government may prohibit the import or export of any intoxicant throughout the State or within any specified area of the State.

What power does the State Government have regarding transport of intoxicants under Section 8(b) of the Madhya Pradesh Excise Act, 1915?

Under Section 8(b), the State Government may prohibit the transport of any intoxicant.

What regulatory authority is given to the State Government regarding Mahua under Section 8(c) of the Madhya Pradesh Excise Act, 1915?

Under Section 8(c), the State Government may make suitable provisions for the effective control of Mahua (Bassia Latifolia and Bassia Longifolia) or any other base that is or can be used for the manufacture of liquor.

What is the subject matter of Section 9 of the Madhya Pradesh Excise Act, 1915?

Section 9 provides restrictions on the import, export or transport of intoxicants without the sanction of the State Government.

What general restriction is imposed under Section 9 of the Madhya Pradesh Excise Act, 1915 regarding intoxicants?

Under Section 9, no intoxicant shall be imported, exported or transported without the sanction of the State Government.

What condition relating to duty must be fulfilled for import, export or transport of intoxicants under Section 9(a) of the Madhya Pradesh Excise Act, 1915?

Under Section 9(a), the intoxicant may be imported, exported or transported only after payment of the duty payable under the Act or after execution of a bond for such payment.

What compliance requirement is imposed under Section 9(b) of the Madhya Pradesh Excise Act, 1915 for import, export or transport of intoxicants?

Under Section 9(b), the import, export or transport of intoxicants must comply with such conditions as the State Government may impose.

What is the subject matter of Section 10 of the Madhya Pradesh Excise Act, 1915?

Section 10 provides that import, export or transport of intoxicants beyond a prescribed quantity can only be done under a pass issued or deemed to be issued under the provisions of the Act.

What power is given to the State Government under Section 10 of the Madhya Pradesh Excise Act, 1915 regarding quantity of intoxicants?

Under Section 10, the State Government may, by notification, prescribe the quantity of intoxicant beyond which a pass is required for import, export or transport.

For what territorial scope can the State Government prescribe quantity limits under Section 10 of the Madhya Pradesh Excise Act, 1915?

The State Government may prescribe the quantity either generally for the whole State or specifically for any particular area.

What requirement is imposed for import, export or transport of intoxicants exceeding the prescribed quantity under Section 10 of the Madhya Pradesh Excise Act, 1915?

If the intoxicant exceeds the quantity prescribed by the State Government, it shall not be imported, exported or transported except under a pass issued or deemed to be issued under the provisions of the Act.

What is the subject matter of Section 11 of the Madhya Pradesh Excise Act, 1915?

Section 11 provides for the authority competent to grant passes for the import, export or transport of intoxicants and specifies the types of passes that may be issued under the Act.

Who is empowered to grant passes for the import, export or transport of intoxicants under Section 11(1) of the Madhya Pradesh Excise Act, 1915?

Under Section 11(1), passes for the import, export or transport of intoxicants may be granted by the Collector.

What exception is provided under the proviso to Section 11(1) of the Madhya Pradesh Excise Act, 1915 regarding the grant of passes?

The proviso to Section 11(1) states that passes for the import and export of such intoxicants as the Excise Commissioner may determine from time to time shall be granted only by the Excise Commissioner.

What kinds of passes may be granted for import, export or transport of intoxicants under Section 11(2) of the Madhya Pradesh Excise Act, 1915?

Under Section 11(2), passes may be general passes valid for definite periods and kinds of intoxicants, or special passes issued for specified occasions and particular consignments only.

What is the subject matter of Section 12 of the Madhya Pradesh Excise Act, 1915?

Section 12 provides that passes issued by other authorities in India may be treated as passes granted under this Act when so directed by the Excise Commissioner.

Who has the authority to declare that passes issued by other authorities shall be deemed valid under this Act according to Section 12 of the Madhya Pradesh Excise Act, 1915?

Under Section 12, the Excise Commissioner has the authority to direct that a pass granted by any authority in India shall be deemed to be a pass under this Act.

In what manner can the Excise Commissioner issue directions under Section 12 of the Madhya Pradesh Excise Act, 1915?

Under Section 12, the Excise Commissioner may issue such directions through a general order or a special order.

CHAPTER-IV

MANUFACTURE, POSSESSION AND SALE

What is the subject matter of Section 13 of the Madhya Pradesh Excise Act, 1915?

Section 13 provides the license required for the manufacture, etc. of intoxicants.

What restriction is imposed under Section 13(a) of the Madhya Pradesh Excise Act, 1915 regarding manufacture or collection of intoxicants?

Under Section 13(a), no intoxicant shall be manufactured or collected except under the authority and subject to the terms and conditions of a licence granted for that purpose.

What restriction is imposed under Section 13(b) of the Madhya Pradesh Excise Act, 1915 regarding cultivation of hemp plants?

Under Section 13(b), no hemp plant shall be cultivated except under the authority and subject to the terms and conditions of a licence granted under the Act.

What restriction is imposed under Section 13(c) of the Madhya Pradesh Excise Act, 1915 regarding Tan-producing trees?

Under Section 13(c), no Tan-producing tree shall be tapped and no Tan shall be drawn from any tree except under the authority and subject to the terms and conditions of a licence granted under the Act.

What restriction is imposed under Section 13(d) of the Madhya Pradesh Excise Act, 1915 regarding bottling of liquor?

Under Section 13(d), no liquor shall be bottled for sale except under the authority and subject to the terms and conditions of a licence granted for that purpose.

What restriction is imposed under Section 13(e) of the Madhya Pradesh Excise Act, 1915 regarding distilleries and breweries?

Under Section 13(e), no distillery or brewery shall be constructed or worked except under the authority and subject to the terms and conditions of a licence granted under the Act.

What restriction is imposed under Section 13(f) of the Madhya Pradesh Excise Act, 1915 regarding materials or apparatus for manufacturing intoxicants?

Under Section 13(f), no person shall use, keep or possess any materials, still, utensil, implement or apparatus for manufacturing any intoxicant other than Tan except under the authority and subject to the terms and conditions of a licence granted under the Act.

What power is given to the State Government under the first proviso to Section 13 of the Madhya Pradesh Excise Act, 1915?

The first proviso allows the State Government to declare by notification that the provisions of this section shall not apply in specified areas to the tapping of Tan-producing trees or the drawing of Tan, subject to such conditions as it may prescribe.

What power is given to the State Government under the second proviso to Section 13 of the Madhya Pradesh Excise Act, 1915?

The second proviso empowers the State Government to declare by notification that the provisions of this section shall not apply in specified areas to the manufacture of liquor for home consumption, subject to such conditions as it may prescribe.

What is the subject matter of Section 14 of the Madhya Pradesh Excise Act, 1915?

Section 14 provides for the establishment or licensing of distilleries and ware houses.—The Excise Commissioner may.

What power is granted to the Excise Commissioner under Section 14(a) of the Madhya Pradesh Excise Act, 1915 regarding distilleries?

Under Section 14(a), the Excise Commissioner may establish a distillery in which spirit may be manufactured under a licence granted under Section 13 and subject to such conditions as the State Government may impose.

What authority does the Excise Commissioner have under Section 14(b) of the Madhya Pradesh Excise Act, 1915 regarding distilleries?

Under Section 14(b), the Excise Commissioner may discontinue any distillery established under clause (a).

What licensing power is given to the Excise Commissioner under Section 14(c) of the Madhya Pradesh Excise Act, 1915?

Under Section 14(c), the Excise Commissioner may licence the construction and working of a distillery or brewery subject to such conditions as the State Government may impose.

What power does the Excise Commissioner have regarding warehouses under Section 14(d) of the Madhya Pradesh Excise Act, 1915?

Under Section 14(d), the Excise Commissioner may establish or licence a warehouse where any intoxicant may be deposited and kept without payment of duty, subject to payment of such fee as the State Government may direct.

What authority is provided to the Excise Commissioner under Section 14(e) of the Madhya Pradesh Excise Act, 1915 regarding warehouses?

Under Section 14(e), the Excise Commissioner may discontinue any warehouse established or licensed under this section.

What is the subject matter of Section 15 of the Madhya Pradesh Excise Act, 1915?

Section 15 provides the payment of duty on removal from distillery, brewery or place of storage.

What general restriction is imposed under Section 15 of the Madhya Pradesh Excise Act, 1915 regarding removal of intoxicants?

Under Section 15, no intoxicant shall be removed from any distillery, brewery, warehouse or other place of storage established or licensed under the Act without the sanction of the State Government.

What duty-related requirement must be fulfilled before removal of intoxicants under Section 15 of the Madhya Pradesh Excise Act, 1915?

Before removal of any intoxicant, the duty payable under Chapter V must be paid.

What alternative arrangement is permitted under Section 15 of the Madhya Pradesh Excise Act, 1915 if duty is not immediately paid?

If the duty has not been paid, a bond must be executed for the payment of such duty before the intoxicant can be removed from the distillery, brewery, warehouse or place of storage.

What is the subject matter of Section 16 of the Madhya Pradesh Excise Act, 1915?

Section 16 regulates the possession of intoxicants generally.

What power is granted to the State Government under Section 16(1) of the Madhya Pradesh Excise Act, 1915?

Under Section 16(1), the State Government may, by notification, prescribe the maximum quantity of any intoxicant that may be possessed by a person.

What flexibility is provided to the State Government under the proviso to Section 16(1) of the Madhya Pradesh Excise Act, 1915 regarding possession limits?

The proviso allows the State Government to prescribe different limits of possession for different qualities of the same intoxicant.

What restriction is imposed under Section 16(2) of the Madhya Pradesh Excise Act, 1915 regarding possession of intoxicants beyond the prescribed limit?

Under Section 16(2), no person shall possess any intoxicant in excess of the prescribed limit except under proper authority and in accordance with the terms and conditions specified under the Act.

Under what authority can a person possess intoxicants beyond the prescribed limit under Section 16(2)(a) of the Madhya Pradesh Excise Act, 1915?

A person may possess intoxicants beyond the prescribed limit under the authority and in accordance with the terms and conditions of a licence for the manufacture, cultivation, collection, sale or supply of such intoxicant.

Under what authority can intoxicants exceeding the prescribed limit be possessed under Section 16(2)(b) of the Madhya Pradesh Excise Act, 1915?

Such possession may be permitted under the authority and in accordance with the terms and conditions of a pass issued for the import, export or transport of the intoxicant.

Under what authority can intoxicants exceeding the prescribed limit be possessed under Section 16(2)(c) of the Madhya Pradesh Excise Act, 1915?

Such possession may be permitted under a permit granted under the provisions of the Act.

What exception is provided under Section 16(3) of the Madhya Pradesh Excise Act, 1915 regarding possession of foreign liquor?

Section 16(3) provides that the restriction contained in Section 16(2) shall not apply to foreign liquor possessed by a common carrier or warehouseman in the ordinary course of their business.

What overriding power is granted to the State Government under Section 16(4) of the Madhya Pradesh Excise Act, 1915?

Notwithstanding the earlier provisions, the State Government may by notification prohibit the possession of any intoxicant by any person or class of persons either throughout the State or in any specified area, either absolutely or subject to prescribed conditions.

What is the subject matter of Section 17 of the Madhya Pradesh Excise Act, 1915?

Section 17 provides the license required for the sale of intoxicants.

What general restriction is imposed under Section 17(1) of the Madhya Pradesh Excise Act, 1915 regarding sale of intoxicants?

Under Section 17(1), no intoxicant shall be sold except under the authority and subject to the terms and conditions of a licence granted for that purpose under the Act.

What exception is provided under the proviso to Section 17(1)(a) of the Madhya Pradesh Excise Act, 1915 regarding sale of tan?

A person having the right to the tan drawn from any tree may sell such tan without a licence to a person who holds a licence under the Act to manufacture or sell tan.

What exception is provided under the proviso to Section 17(1)(b) of the Madhya Pradesh Excise Act, 1915 regarding hemp plants?

A person authorised under Section 13 to cultivate the hemp plant may sell without a licence the portions of the plant from which intoxicating drugs are produced to a person licensed under the Act to deal in them or to an officer prescribed by the Excise Commissioner.

What exception is provided under the proviso to Section 17(1)(c) of the Madhya Pradesh Excise Act, 1915 regarding sale of foreign liquor for private use?

The section does not apply to the sale of foreign liquor lawfully procured by a person for private use and sold by him, by his representatives, or on his behalf upon his leaving a station or after his death.

What provision is made under Section 17(2) of the Madhya Pradesh Excise Act, 1915 regarding licences granted in other States or Union Territories?

Under Section 17(2), a licence granted under the Excise law in force in another State or Union Territory may, on conditions determined by the Excise Commissioner, be deemed to be a licence granted under this Act.

What is the subject matter of Section 18 of the Madhya Pradesh Excise Act, 1915?

Section 18 provides for the power to grant lease of right to manufacture, etc.

What power is granted to the State Government under Section 18(1) of the Madhya Pradesh Excise Act, 1915?

Under Section 18(1), the State Government may lease to any person, on such conditions and for such period as it thinks fit, certain exclusive rights relating to the manufacture, supply, or sale of liquor or intoxicating drugs within a specified area.

What right can the State Government lease under Section 18(1)(a) of the Madhya Pradesh Excise Act, 1915?

Under Section 18(1)(a), the State Government may lease the right of manufacturing liquor or intoxicating drugs, or of supplying them by wholesale, or both.

What right can the State Government lease under Section 18(1)(b) of the Madhya Pradesh Excise Act, 1915?

Under Section 18(1)(b), the State Government may lease the right of selling liquor or intoxicating drugs either by wholesale or by retail.

What combined rights can the State Government lease under Section 18(1)(c) of the Madhya Pradesh Excise Act, 1915?

Under Section 18(1)(c), the State Government may lease the combined rights of manufacturing or supplying by wholesale, or both, and selling by retail liquor or intoxicating drugs within a specified area.

What authority does the licensing authority have under Section 18(2) of the Madhya Pradesh Excise Act, 1915 regarding a lessee?

Under Section 18(2), the licensing authority may grant a licence to the lessee in accordance with the terms of the lease granted under sub-section (1).

Under what condition can a sub-lessee be granted a licence under Section 18(2) of the Madhya Pradesh Excise Act, 1915?

A licence may be granted to a sub-lessee if the lease does not prohibit sub-letting and the sub-lessee is approved by the licensing authority upon the application of the lessee.

What is the subject matter of Section 19 of the Madhya Pradesh Excise Act, 1915?

Section 19 provides that Lessee’s permission to draw tari.

Under what circumstance does Section 19 of the Madhya Pradesh Excise Act, 1915 apply?

Section 19 applies where the right of manufacturing tan has been leased under Section 18 of the Act.

What power is granted to the State Government under Section 19 of the Madhya Pradesh Excise Act, 1915?

The State Government may declare that the written permission given by the lessee to draw tan shall have the same legal force and effect as a licence granted by the Collector for that purpose.

What is the legal effect of the lessee’s written permission under Section 19 of the Madhya Pradesh Excise Act, 1915?

The written permission granted by the lessee to draw tan is treated as having the same force and effect as a licence issued by the Collector.

What is the subject matter of Section 20 of the Madhya Pradesh Excise Act, 1915?

Section 20 regulates the manufacture and sale of liquor in Military Cantonments.

Where does the restriction provided under Section 20 of the Madhya Pradesh Excise Act, 1915 apply?

The restriction applies within the limits of any Military Cantonment and within such distance from those limits as the Central Government may prescribe in any particular case.

What condition must be satisfied before granting a licence for retail sale of liquor in a Military Cantonment under Section 20 of the Madhya Pradesh Excise Act, 1915?

No licence for the retail sale of liquor shall be granted within the prescribed limits unless it is done with the knowledge and consent of the Commanding Officer of the Military Cantonment.

What is the subject matter of Section 21 of the Madhya Pradesh Excise Act, 1915?

Section 21 prescribes the duties of licensees engaged in the manufacture or sale of intoxicants regarding the maintenance of proper measures, weights, instruments and the testing of intoxicants when required by excise authorities.

To whom do the duties prescribed under Section 21 of the Madhya Pradesh Excise Act, 1915 apply?

The duties apply to every person who manufactures or sells any intoxicant under a licence granted under the Act.

What obligation is imposed on licensees under Section 21(a) of the Madhya Pradesh Excise Act, 1915 regarding measures and instruments?

A licensee must supply himself with such measures, weights and instruments as prescribed by the Excise Commissioner and must keep them in good condition on the licensed premises.

What duty must a licensee perform upon requisition of an Excise Officer under Section 21(b) of the Madhya Pradesh Excise Act, 1915?

Upon the requisition of a duly empowered Excise Officer, the licensee must measure, weigh or test any intoxicant in his possession in the manner required by that Excise Officer.

What is the subject matter of Section 22 of the Madhya Pradesh Excise Act, 1915?

Section 22 prohibits the employment of male persons below twenty-one years of age and women in premises licensed for the sale of intoxicants for consumption by the public.

To whom does the restriction under Section 22 of the Madhya Pradesh Excise Act, 1915 apply?

The restriction applies to any person who is licensed to sell intoxicants for consumption on his premises.

During what time does the prohibition under Section 22 of the Madhya Pradesh Excise Act, 1915 operate?

The prohibition operates during the hours in which the licensed premises are kept open for business.

What restriction is imposed under Section 22 of the Madhya Pradesh Excise Act, 1915 regarding employment of young males?

A licensee shall not employ or permit to be employed any male person under the age of twenty-one years in any part of the premises where intoxicants are consumed by the public.

What restriction is imposed under Section 22 of the Madhya Pradesh Excise Act, 1915 regarding employment of women?

A licensee shall not employ or permit to be employed any woman in any part of the premises where intoxicants are consumed by the public.

Does the prohibition under Section 22 of the Madhya Pradesh Excise Act, 1915 apply even if the employment is without remuneration?

Yes, the prohibition applies whether the person is employed with remuneration or without remuneration.

What is the subject matter of Section 23 of the Madhya Pradesh Excise Act, 1915?

Section 23 prohibits licensed vendors from selling or delivering liquor or intoxicating drugs to persons who appear to be under the age of twenty-one years.

To whom does the restriction under Section 23 of the Madhya Pradesh Excise Act, 1915 apply?

The restriction applies to any person who holds a licence to sell intoxicants under the Act.

What restriction is imposed under Section 23 of the Madhya Pradesh Excise Act, 1915 regarding sale of intoxicants to minors?

A licensed vendor shall not sell or deliver any liquor or intoxicating drug to any person who appears to be under the age of twenty-one years.

Does the prohibition under Section 23 of the Madhya Pradesh Excise Act, 1915 apply even if the intoxicant is meant for another person?

Yes, the prohibition applies even if the liquor or intoxicating drug is purchased for consumption by another person.

Does the prohibition under Section 23 of the Madhya Pradesh Excise Act, 1915 depend on the place of consumption?

No, the prohibition applies whether the intoxicant is intended for consumption on the licensed premises or elsewhere.

What is the subject matter of Section 23-A of the Madhya Pradesh Excise Act, 1915?

Section 23-A prohibits sale of liquor intoxicating drug to persons under the age of twenty one years.

What does the term “advertisement” include under Section 23-A(1) of the Madhya Pradesh Excise Act, 1915?

Under Section 23-A(1), “advertisement” includes various forms of communication intended to promote liquor, including written, oral and visual means.

What is included within the meaning of advertisement under Section 23-A(1)(a) of the Madhya Pradesh Excise Act, 1915?

Advertisement includes any notice, circular, label, wrapper or other similar document used to promote or refer to liquor.

What forms of oral or technological communication are included within advertisement under Section 23-A(1)(b) of the Madhya Pradesh Excise Act, 1915?

Advertisement includes any announcement made orally or by means of producing or transmitting light, sound or smoke.

What visual displays are included within advertisement under Section 23-A(1)(c) of the Madhya Pradesh Excise Act, 1915?

Advertisement includes exhibitions through slides or films shown on a screen in a cinema licensed under the Madhya Pradesh Cinemas (Regulation) Act, 1952 or at any other place of entertainment.

What acts relating to liquor advertisements are prohibited under Section 23-A(2) of the Madhya Pradesh Excise Act, 1915?

No person shall print, publish, display, distribute or cause or permit the printing, publishing, display or distribution of any advertisement or other matter that commends, solicits the use of, or offers liquor.

In what types of publications or mediums is liquor advertisement prohibited under Section 23-A(2) of the Madhya Pradesh Excise Act, 1915?

Such advertisements are prohibited in newspapers, books, leaflets, booklets, periodical publications or through any other form of display or distribution.

What punishment is prescribed under Section 23-A(2) of the Madhya Pradesh Excise Act, 1915 for advertising liquor?

The punishment may extend to imprisonment for a term up to six months, or a fine up to two thousand rupees, or both for every such offence.

What is the subject matter of Section 23-A(3) of the Madhya Pradesh Excise Act, 1915?

Section 23-A(3) provides exceptions to the prohibition on liquor advertisements contained in Section 23-A(2), subject to the provisions of sub-section (4).

What exception is provided under Section 23-A(3)(a) of the Madhya Pradesh Excise Act, 1915 regarding catalogues or price-lists?

The prohibition on liquor advertisements does not apply to catalogues or price-lists displayed on liquor vends in Madhya Pradesh in accordance with the provisions of the Act or the rules made thereunder.

What exception is provided under Section 23-A(3)(b) of the Madhya Pradesh Excise Act, 1915 regarding publications printed outside the State?

The prohibition does not apply to advertisements or other matter contained in any newspaper, book, leaflet, booklet or other publication printed and published outside the State of Madhya Pradesh.

What exception is provided under Section 23-A(3)(c) of the Madhya Pradesh Excise Act, 1915 regarding newspapers printed in Madhya Pradesh?

The prohibition does not apply to advertisements or other matter contained in any newspaper printed and published in Madhya Pradesh before such date as the State Government may specify by notification.

What power is given to the State Government under Section 23-A(3)(d) of the Madhya Pradesh Excise Act, 1915 regarding exemption from the advertisement prohibition?

The State Government may, by notification, generally or specially exempt any advertisement or other matter from the operation of this section.

What is the subject matter of Section 23-A(4) of the Madhya Pradesh Excise Act, 1915?

Section 23-A(4) empowers the State Government to prohibit the circulation, distribution or sale within the State of publications printed outside the State that contain advertisements promoting liquor and prescribes punishment for contravention.

What overriding power is granted to the State Government under Section 23-A(4) of the Madhya Pradesh Excise Act, 1915?

Notwithstanding the provisions of sub-section (3), the State Government may by notification prohibit within the State the circulation, distribution or sale of any newspaper, book, leaflet, booklet or other publication printed and published outside the State that contains advertisements promoting liquor.

What type of liquor-related content can lead to prohibition under Section 23-A(4) of the Madhya Pradesh Excise Act, 1915?

Publications containing advertisements or matter that commend, solicit the use of, or offer liquor may be prohibited by notification of the State Government.

What acts constitute an offence under Section 23-A(4) of the Madhya Pradesh Excise Act, 1915 after such prohibition is notified?

Circulating, distributing or selling any newspaper, book, leaflet, booklet or other publication containing such liquor advertisements in contravention of the notification constitutes an offence.

What punishment is prescribed under Section 23-A(4) of the Madhya Pradesh Excise Act, 1915 for violating the prohibition on circulation of liquor advertisements?

The offender shall be punished with imprisonment which may extend to six months, or with a fine which may extend to two thousand rupees, or with both.

What is the subject matter of Section 23-A(5) of the Madhya Pradesh Excise Act, 1915?

Section 23-A(5) empowers the State Government to declare publications containing liquor advertisements forfeited to the Government and authorizes seizure and search of such publications within the State.

What action can the State Government take under Section 23-A(5) of the Madhya Pradesh Excise Act, 1915 when a publication contains liquor advertisements?

If any newspaper, book, leaflet, booklet or other publication appears to contain matter commending, soliciting the use of or offering liquor, the State Government may by notification declare every copy of such publication to be forfeited to the Government.

What is the effect of a forfeiture declaration under Section 23-A(5) of the Madhya Pradesh Excise Act, 1915?

Once such notification is issued, every copy of the concerned newspaper issue or publication becomes liable to forfeiture to the Government.

Who is authorised to seize forfeited publications under Section 23-A(5) of the Madhya Pradesh Excise Act, 1915?

Any Excise Officer, any officer of the police or revenue department, or any other person authorised by the State Government may seize such publications wherever they are found in Madhya Pradesh.

Which authorities may issue a search warrant under Section 23-A(5) of the Madhya Pradesh Excise Act, 1915?

A Collector, a Judicial Magistrate of the first class or second class, or any other officer authorised by the State Government may issue a warrant for search.

Who may execute a search under a warrant issued under Section 23-A(5) of the Madhya Pradesh Excise Act, 1915?

A police officer not below the rank of Sub-Inspector may be authorised by warrant to enter and search any premises where such publications are present or reasonably suspected to be present.

What is the subject matter of Section 24 of the Madhya Pradesh Excise Act, 1915?

Section 24 empowers magistrates to order the temporary closure of shops selling intoxicants in order to preserve public peace or in situations involving riots or unlawful assemblies.

What power is given to the District Magistrate under Section 24(1) of the Madhya Pradesh Excise Act, 1915?

The District Magistrate may, by written notice to the licensee, require any shop selling intoxicants to be closed at specified times or for a specified period if it is necessary for the preservation of public peace.

Under what circumstances can a Magistrate order closure of a liquor shop under Section 24(2) of the Madhya Pradesh Excise Act, 1915?

If a riot or unlawful assembly is apprehended or occurs in the vicinity of a shop, a Magistrate of any class present at the spot may require the shop to remain closed for such period as he considers necessary.

What duty is imposed on the licensee under the proviso to Section 24(2) of the Madhya Pradesh Excise Act, 1915?

If a riot or unlawful assembly occurs near the shop and no Magistrate is present, the licensee must close the shop on his own without waiting for an order.

What reporting requirement is imposed on a Magistrate under Section 24(3) of the Madhya Pradesh Excise Act, 1915?

When a Magistrate issues an order under sub-section (2), he must immediately inform the Collector of the action taken and the reasons for doing so.

CHAPTER-V

DUTIES AND FEES

What is the subject matter of Section 25 of the Madhya Pradesh Excise Act, 1915?

Section 25 provides for the levy of excise duty or countervailing duty on excisable articles.

What duty may be levied under Section 25(1) of the Madhya Pradesh Excise Act, 1915?

Under Section 25(1), the State Government may direct the levy of excise duty or countervailing duty on excisable articles other than medicinal and toilet preparations specified in the Schedule to the Medicinal and Toilet Preparations (Excise Duties) Act, 1955.

On which imported articles can duty be levied under Section 25(1)(a) of the Madhya Pradesh Excise Act, 1915?

Duty may be levied on excisable articles imported into the State if the State Government so directs.

On which exported articles can duty be levied under Section 25(1)(b) of the Madhya Pradesh Excise Act, 1915?

Duty may be levied on excisable articles exported from the State if the State Government so directs.

On which transported articles can duty be levied under Section 25(1)(c) of the Madhya Pradesh Excise Act, 1915?

Duty may be levied on excisable articles transported within the State if the State Government so directs.

On which licensed activities can duty be levied under Section 25(1)(d) of the Madhya Pradesh Excise Act, 1915?

Duty may be levied on excisable articles manufactured, cultivated or collected under a licence granted under Section 13 of the Act.

On which distillery or brewery activities can duty be levied under Section 25(1)(e) of the Madhya Pradesh Excise Act, 1915?

Duty may be levied on excisable articles manufactured in a distillery established or in a distillery or brewery licensed under the Act.

What exemption power is provided under the proviso to Section 25(1) of the Madhya Pradesh Excise Act, 1915?

The State Government may lawfully exempt any excisable article from any duty to which it may otherwise be liable under the Act.

On what basis may different rates of duty be imposed under Section 25(2)(i) of the Madhya Pradesh Excise Act, 1915?

Different rates of duty may be imposed according to the place to which any excisable article is to be removed.

On what basis may different rates of duty be imposed under Section 25(2)(ii) of the Madhya Pradesh Excise Act, 1915?

Different rates of duty may be imposed according to the strength and quality of the excisable article.

On what basis may different rates of duty be imposed under Section 25(2)(iii) of the Madhya Pradesh Excise Act, 1915?

Different rates of duty may be imposed according to the use of the excisable article for different purposes.

On what basis may different rates of duty be imposed under Section 25(2)(iv) of the Madhya Pradesh Excise Act, 1915?

Different rates of duty may be imposed according to the value of excisable articles based on prescribed principles.

What restriction on levy of duty is provided under Section 25(3)(i) of the Madhya Pradesh Excise Act, 1915?

Duty shall not be imposed under this section on any article that has been imported into India and was already liable to duty under the Sea Customs Act, 1878 or the Indian Tariff Act, 1894 at the time of importation.

What power is granted to the State Government under Section 25(4) of the Madhya Pradesh Excise Act, 1915 regarding duty rates?

The State Government may enhance or reduce the rates of excise duty at any time during the course of a financial year.

Can the State Government give retrospective effect to changes in duty rates under Section 25(4) of the Madhya Pradesh Excise Act, 1915?

Yes, the State Government may give retrospective effect to the enhancement or reduction of duty rates.

What is the earliest date from which retrospective effect may be given under Section 25(4) of the Madhya Pradesh Excise Act, 1915?

Retrospective effect cannot be given from a date earlier than the commencement of the financial year.

What is the subject matter of Section 26 of the Madhya Pradesh Excise Act, 1915?

Section 26 prescribes the methods and manner in which excise duty on excisable articles shall be levied.

How is duty generally levied under Section 26 of the Madhya Pradesh Excise Act, 1915?

Subject to rules regarding time, place and manner prescribed by the State Government, duty shall be levied proportionately on the quantity of excisable article imported, exported, transported, collected, manufactured in, or issued from a distillery, brewery or warehouse.

How may duty be levied on intoxicating drugs under Section 26(1)(a) of the Madhya Pradesh Excise Act, 1915?

Duty may be levied either by an acreage rate imposed on the cultivation of the hemp plant or by a rate charged on the quantity of intoxicating drug collected.

How may duty be levied on spirit or beer manufactured in a distillery or brewery under Section 26(1)(b)(i) of the Madhya Pradesh Excise Act, 1915?

Duty may be levied according to a scale of equivalents calculated on the quantity of materials used or by the degree of attenuation of the wash or wort, as prescribed by the State Government.

How may duty be levied on spirit or beer manufactured in a distillery or brewery under Section 26(1)(b)(ii) of the Madhya Pradesh Excise Act, 1915?

Duty may be levied by a rate charged directly on the materials used in the manufacture of spirit or beer.

How may duty be levied on tan under Section 26(1)(c) of the Madhya Pradesh Excise Act, 1915?

Duty on tan may be levied by imposing a tax on each tree from which the tan is drawn.

At what rate is duty payable when excisable articles are issued for sale from a warehouse under Section 26(2) of the Madhya Pradesh Excise Act, 1915?

Duty shall be payable at the rate of duty in force on the date on which the excisable article is issued from the warehouse.

What happens when the rate of duty is enhanced or reduced after duty has already been paid on issue from a warehouse under Section 26(3) of the Madhya Pradesh Excise Act, 1915?

If the rate of duty is later enhanced or reduced and the excisable article is still in stock with a licensee, the article shall be subject to the revised rate and the difference in duty shall be payable to or refundable by the licensee holding such stock at that time.

What is the subject matter of Section 27 of the Madhya Pradesh Excise Act, 1915?

Section 27 provides that the State Government may accept payment of a sum for granting.

What payment may the State Government accept under Section 27(1) of the Madhya Pradesh Excise Act, 1915?

The State Government may accept payment of a sum as consideration for the grant of any lease under Section 18.

Can the payment accepted under Section 27(1) of the Madhya Pradesh Excise Act, 1915 replace excise duty?

Yes, the payment may be accepted instead of or in addition to any duty leviable under the relevant chapter of the Act.

What power does the State Government have under Section 27(2) of the Madhya Pradesh Excise Act, 1915 regarding consideration for leases?

The State Government may enhance or reduce the sum received as consideration for granting a lease under Section 18 during the course of a financial year or during the currency of a licence.

Can changes in the consideration amount under Section 27(2) of the Madhya Pradesh Excise Act, 1915 have retrospective effect?

Yes, the State Government may give retrospective effect to the enhancement or reduction of the consideration amount.

What is the earliest date from which retrospective effect may be given under Section 27(2) of the Madhya Pradesh Excise Act, 1915?

Retrospective effect cannot be given from a date earlier than the commencement of the financial year.

What is the subject matter of Section 27-A of the Madhya Pradesh Excise Act, 1915?

Section 27-A provides for the savings for duties being levied at commencement of the Constitution.

What power is given to the State Government under Section 27-A(1) of the Madhya Pradesh Excise Act, 1915?

Until Parliament provides otherwise, the State Government may continue to levy any duty to which this section applies that was lawfully being levied immediately before the commencement of the Constitution under this Chapter as it then stood.

What duty is covered under Section 27-A(2)(a) of the Madhya Pradesh Excise Act, 1915?

The section applies to any duty on intoxicants which are not excisable articles within the meaning of the Act.

What duty is covered under Section 27-A(2)(b) of the Madhya Pradesh Excise Act, 1915?

The section applies to any duty on an excisable article produced outside India and imported into the State, whether across a customs frontier as defined by the Central Government or otherwise.

What limitation is placed on the State Government under Section 27-A(3) of the Madhya Pradesh Excise Act, 1915 regarding discriminatory duties?

The State Government cannot levy duties that discriminate in favour of goods manufactured or produced within the State over similar goods not manufactured or produced in the State.

What further restriction is imposed under Section 27-A(3) of the Madhya Pradesh Excise Act, 1915 regarding goods produced outside the State?

The State Government cannot levy duties that discriminate between goods manufactured or produced in different localities outside the State when such goods are similar in nature.

CHAPTER-VI

LICENCES, PERMITS AND PASSES

What is the subject matter of Section 28 of the Madhya Pradesh Excise Act, 1915?

Section 28 prescribes the form, conditions, fees and penalties relating to permits, passes and licences issued under the Act.

What requirements apply to permits, passes and licences under Section 28(1) of the Madhya Pradesh Excise Act, 1915?

Every permit or pass issued or licence granted under the Act shall be issued on payment of prescribed fees, for a specified period, subject to prescribed restrictions and conditions, and shall be in the prescribed form containing prescribed particulars.

What condition relating to minimum lifting of liquor may be imposed under Section 28(2) of the Madhya Pradesh Excise Act, 1915?

The prescribed conditions may require the licensee to lift for sale the minimum quantity of country spirit or Indian-made liquor fixed for his shop.

What consequence may follow if a licensee fails to lift the minimum quantity under Section 28(2) of the Madhya Pradesh Excise Act, 1915?

The licensee may be required to pay a penalty at the prescribed rate on the quantity of liquor short lifted.

What penalty provision is provided under Section 28(3) of the Madhya Pradesh Excise Act, 1915 for breach of licence conditions?

A penalty at the prescribed rate may be levied on and recovered from the licensee for any infraction or infringement of the conditions prescribed under sub-section (1) or specifically enumerated under sub-section (2).

What is the subject matter of Section 28-A of the Madhya Pradesh Excise Act, 1915?

Section 28-A provides for the imposition of supervision charges by the State Government.

What power is granted to the State Government under Section 28-A of the Madhya Pradesh Excise Act, 1915 regarding supervision of intoxicants?

The State Government may, by general or special order in writing, direct that activities such as manufacture, import, export, transport, storage, sale, purchase, use, collection or cultivation of intoxicants, denatured spirituous preparations or hemp shall be carried out under the supervision of excise staff appointed by the Excise Commissioner.

Who appoints the excise staff responsible for supervision under Section 28-A of the Madhya Pradesh Excise Act, 1915?

The Excise Commissioner appoints such excise staff as he considers necessary to supervise the specified activities relating to intoxicants, denatured spirituous preparations or hemp.

Who is required to pay supervision charges under Section 28-A of the Madhya Pradesh Excise Act, 1915?

Any person engaged in manufacturing, importing, exporting, transporting, storing, selling, purchasing, using, collecting or cultivating intoxicants, denatured spirituous preparations or hemp must pay supervision charges to the State Government as levied.

What is the purpose of the levy imposed under Section 28-A of the Madhya Pradesh Excise Act, 1915?

The levy is imposed as supervision charges payable to the State Government for the cost of excise staff supervising the regulated activities.

What exemption power is given to the State Government under the proviso to Section 28-A of the Madhya Pradesh Excise Act, 1915?

The State Government may exempt any class of persons or any institution from paying the whole or any part of the supervision charges imposed under this section.

What is the subject matter of Section 29 of the Madhya Pradesh Excise Act, 1915?

Section 29 empowers the power to take security from licensee.

Who has the power to require security from a licensee under Section 29 of the Madhya Pradesh Excise Act, 1915?

Any authority granting a licence under the Act may require the licensee to provide security or deposit for the proper performance of the licence conditions.

What agreement may be required from a licensee under Section 29 of the Madhya Pradesh Excise Act, 1915?

The licensing authority may require the licensee to execute a counterpart agreement consistent with the terms and tenure of the licence granted.

What types of financial assurance may be demanded under Section 29 of the Madhya Pradesh Excise Act, 1915?

The authority may require the licensee to furnish security for the performance of the agreement, make a deposit, or provide both, as it considers appropriate.

What is the subject matter of Section 30 of the Madhya Pradesh Excise Act, 1915?

Section 30 provides the technical defects, irregularities and omissions.

What protection is provided to licences under Section 30(1) of the Madhya Pradesh Excise Act, 1915?

A licence granted under the Act shall not be deemed invalid merely because of any technical defect, irregularity or omission in the licence itself or in any proceedings taken before the grant of the licence.

Who has the authority to determine what constitutes a technical defect, irregularity or omission under Section 30(2) of the Madhya Pradesh Excise Act, 1915?

The Excise Commissioner has the authority to decide what constitutes a technical defect, irregularity or omission.

What is the legal status of the decision of the Excise Commissioner under Section 30(2) of the Madhya Pradesh Excise Act, 1915?

The decision of the Excise Commissioner regarding what constitutes a technical defect, irregularity or omission shall be final.

What is the subject matter of Section 31 of the Madhya Pradesh Excise Act, 1915?

Section 31 empowers the authority to suspend license  it. Etc.

Which authority has the power to cancel or suspend a licence, permit or pass under Section 31(1) of the Madhya Pradesh Excise Act, 1915?

The authority that granted the licence, permit or pass may cancel or suspend it, subject to restrictions prescribed by the State Government.

On what ground can a licence, permit or pass be cancelled or suspended under Section 31(1)(a) of the Madhya Pradesh Excise Act, 1915?

It may be cancelled or suspended if any duty or fee payable by the holder has not been duly paid.

What ground relating to breach of conditions allows cancellation or suspension under Section 31(1)(b) of the Madhya Pradesh Excise Act, 1915?

Cancellation or suspension may occur if the holder, his servant, or any person acting on his behalf with his express or implied permission breaches any term or condition of the licence, permit or pass.

What conviction-related ground allows cancellation or suspension under Section 31(1)(c) of the Madhya Pradesh Excise Act, 1915?

It may be cancelled or suspended if the holder, his servant, or a person acting on his behalf is convicted of an offence under this Act, any law relating to revenue, the Dangerous Drugs Act, 1930, the Indian Merchandise Marks Act, 1889, or relevant provisions of the Indian Penal Code.

What ground relating to criminal offences allows cancellation or suspension under Section 31(1)(d) of the Madhya Pradesh Excise Act, 1915?

The licence, permit or pass may be cancelled or suspended if the holder is convicted of a cognizable and non-bailable offence.

What customs-related ground allows cancellation or suspension under Section 31(1)(e) of the Madhya Pradesh Excise Act, 1915?

Cancellation or suspension may occur if the holder is punished for an offence referred to in clause (8) of Section 167 of the Sea Customs Act, 1878.

When can cancellation or suspension occur on the requisition of a lessee under Section 31(1)(f) of the Madhya Pradesh Excise Act, 1915?

If a licence, permit or pass has been granted on the application of a lessee under Section 18, it may be cancelled or suspended upon the written requisition of that lessee.

What contractual ground allows cancellation or suspension under Section 31(1)(g) of the Madhya Pradesh Excise Act, 1915?

A licence, permit or pass may be cancelled or suspended if its conditions expressly provide that it may be cancelled or suspended at will.

What is the subject matter of Section 31(4) of the Madhya Pradesh Excise Act, 1915?

Section 31(4) provides the financial consequences and administrative measures following the cancellation or suspension of a licence under certain clauses of sub-section (1).

Under what circumstances does Section 31(4) of the Madhya Pradesh Excise Act, 1915 apply?

Section 31(4) applies when a licence is cancelled or suspended under clause (a), clause (b), clause (c) or clause (e) of sub-section (1).

What recovery can be made from an ex-licensee under Section 31(4)(a) of the Madhya Pradesh Excise Act, 1915?

The fee payable for the remaining period for which the licence would have continued but for its cancellation or suspension may be recovered from the ex-licensee as excise revenue.

What administrative action can the Collector take under Section 31(4)(b) of the Madhya Pradesh Excise Act, 1915 after cancellation or suspension of a licence?

The Collector may take the licence grant under management or resell it at the risk and loss of the ex-licensee.

What happens to profits earned from management or resale under Section 31(4)(b) of the Madhya Pradesh Excise Act, 1915?

Any profit realized from such management or resale, which is not in excess of the amount recovered under clause (a) for that period, shall be paid to the ex-licensee.

What is the subject matter of Section 32 of the Madhya Pradesh Excise Act, 1915?

Section 32 empowers the licensing authority to withdraw a licence.

Under what circumstances can a licence be withdrawn under Section 32(1) of the Madhya Pradesh Excise Act, 1915?

A licence may be withdrawn when the authority that granted it considers that it should be withdrawn for any reason other than those specified in Section 31.

What financial remission must be made before withdrawing a licence under Section 32(1) of the Madhya Pradesh Excise Act, 1915?

The authority must remit a sum equal to the amount of fees payable in respect of the licence for fifteen days.

How can a licence be withdrawn under Section 32(1)(a) of the Madhya Pradesh Excise Act, 1915?

The authority may withdraw the licence after giving fifteen days’ written notice of its intention to do so.

How can a licence be withdrawn under Section 32(1)(b) of the Madhya Pradesh Excise Act, 1915?

The authority may withdraw the licence immediately without giving prior notice.

What compensation may be granted when a licence is withdrawn without notice under Section 32(2) of the Madhya Pradesh Excise Act, 1915?

When a licence is withdrawn forthwith without notice, the authority must remit the fifteen-day fee and may also pay additional compensation to the licensee as directed by the Excise Commissioner.

What refund provision applies when a licence is withdrawn under Section 32(3) of the Madhya Pradesh Excise Act, 1915?

Any fee paid in advance or deposit made by the licensee shall be refunded after deducting any amount due to the Government.

What is the subject matter of Section 33 of the Madhya Pradesh Excise Act, 1915?

Section 33 provides the procedure and conditions under which a licensee may surrender a licence granted for the sale of intoxicants.

Who may surrender a licence under Section 33(1) of the Madhya Pradesh Excise Act, 1915?

Any holder of a licence granted under the Act to sell an intoxicant may surrender the licence.

What notice requirement must be fulfilled for surrendering a licence under Section 33(1) of the Madhya Pradesh Excise Act, 1915?

The licensee must give one month’s written notice to the Collector stating his intention to surrender the licence.

What payment obligation applies when a licence is surrendered under Section 33(1) of the Madhya Pradesh Excise Act, 1915?

The licensee must pay the fee payable for the remaining period for which the licence would have been valid but for the surrender.

What remission power is granted to the Excise Commissioner under the proviso to Section 33(1) of the Madhya Pradesh Excise Act, 1915?

If the Excise Commissioner is satisfied that sufficient reasons exist for surrendering the licence, he may remit the whole or part of the fee payable on surrender.

Which licences are excluded from the surrender provisions under Section 33(2) of the Madhya Pradesh Excise Act, 1915?

The surrender provisions of Section 33(1) do not apply to licences granted under Section 18 of the Act.

Who is included within the meaning of “holder of licence” under the explanation to Section 33 of the Madhya Pradesh Excise Act, 1915?

The term includes a person whose tender or bid for a licence has been accepted even if he has not yet actually received the licence.

33-A. Omitted.

CHAPTER-VII

OFFENCES AND PENALTY

What is the subject matter of Section 34 of the Madhya Pradesh Excise Act, 1915?

Section 34 prescribes penalties for unlawful manufacture, transport, possession, sale and other.

Under what circumstances does liability arise under Section 34(1) of the Madhya Pradesh Excise Act, 1915?

Liability arises when a person contravenes any provision of the Act, any rule, notification or order made under it, or any condition of a licence, permit or pass granted under the Act.

What offence is provided under Section 34(1)(a) of the Madhya Pradesh Excise Act, 1915?

A person commits an offence if he manufactures, transports, imports, exports, collects or possesses any intoxicant in contravention of the Act or the rules, orders or licence conditions.

What offence is provided under Section 34(1)(b) of the Madhya Pradesh Excise Act, 1915?

A person commits an offence if he sells any intoxicant in contravention of the Act, except in the cases provided under Section 38.

What offence is provided under Section 34(1)(c) of the Madhya Pradesh Excise Act, 1915?

A person commits an offence if he cultivates bhang in contravention of the provisions of the Act or the rules made under it.

What offence is provided under Section 34(1)(d) of the Madhya Pradesh Excise Act, 1915?

A person commits an offence if he taps any toddy-producing tree or draws toddy from such tree in contravention of the provisions of the Act.

What offence is provided under Section 34(1)(e) of the Madhya Pradesh Excise Act, 1915?

A person commits an offence if he constructs or works any distillery, brewery or winery in contravention of the provisions of the Act.

What offence is provided under Section 34(1)(f) of the Madhya Pradesh Excise Act, 1915?

A person commits an offence if he uses, keeps or possesses any material, still, utensil, implement or apparatus for manufacturing any intoxicant other than toddy in contravention of the Act.

What offence is provided under Section 34(1)(g) of the Madhya Pradesh Excise Act, 1915?

A person commits an offence if he removes any intoxicant from a distillery, brewery, winery or warehouse that is licensed, established or continued under the Act in contravention of the provisions of the Act.

What offence is provided under Section 34(1)(h) of the Madhya Pradesh Excise Act, 1915?

A person commits an offence if he bottles any liquor in contravention of the provisions of the Act or the rules made under it.

What punishment is prescribed for offences under Section 34(1) of the Madhya Pradesh Excise Act, 1915?

The offender may be punished with imprisonment which may extend to one year and with fine which shall not be less than five hundred rupees but may extend to five thousand rupees.

What enhanced punishment is prescribed for repeat offences under the proviso to Section 34(1) of the Madhya Pradesh Excise Act, 1915?

For a second or subsequent conviction, the offender shall be punished with imprisonment of not less than two months but which may extend to twenty-four months and with fine not less than two thousand rupees but which may extend to ten thousand rupees.

What is the subject matter of Section 34(2) of the Madhya Pradesh Excise Act, 1915?

Section 34(2) provides enhanced punishment when a person is convicted for offences under clauses (a) or (b) of Section 34(1) and the quantity of liquor involved exceeds fifty bulk litres.

What enhanced punishment is prescribed under Section 34(2) of the Madhya Pradesh Excise Act, 1915 when the quantity of liquor exceeds fifty bulk litres?

The offender shall be punished with imprisonment of not less than one year which may extend to three years and with fine not less than twenty-five thousand rupees but which may extend to one lakh rupees.

What enhanced punishment is prescribed for repeat offences under the proviso to Section 34(2) of the Madhya Pradesh Excise Act, 1915?

For a second or subsequent conviction, the offender shall be punished with imprisonment of not less than two years which may extend to five years and with fine not less than fifty thousand rupees but which may extend to two lakh rupees.

What consequence relating to seizure and confiscation is provided under Section 34(3) of the Madhya Pradesh Excise Act, 1915 when the liquor involved exceeds fifty bulk litres?

All intoxicants, articles, implements, utensils, materials, conveyances and other items used in committing the offence shall be liable to seizure and confiscation.

What consequence is provided under Section 34(3) of the Madhya Pradesh Excise Act, 1915 when the offence is committed by a licence holder dealing with liquor on which duty has not been paid?

If the offence is committed by or on behalf of a person holding a licence for manufacturing, stocking or storing liquor for sale on which duty has not been paid, the licence shall be cancelled upon conviction notwithstanding anything contained in Section 31.

What clarification is given under Section 34(4) of the Madhya Pradesh Excise Act, 1915 regarding seizure, confiscation and cancellation of licence?

The seizure or confiscation of intoxicants, articles, implements, utensils, materials and conveyances and the cancellation of licence shall be in addition to and without prejudice to any other action that may be taken under the Act or the rules made thereunder.

What is the subject matter of Section 35 of the Madhya Pradesh Excise Act, 1915?

Section 35 prescribes penalties for altering denatured spirit or denatured spirituous preparations, possessing such altered spirit, or mixing it with potable spirit for human consumption.

What offence is provided under Section 35(a) of the Madhya Pradesh Excise Act, 1915?

A person commits an offence if he alters or attempts to alter any denatured spirit or denatured spirituous preparation with the intention that it may be used for human consumption as a beverage, medicine or in any other manner.

What offence is provided under Section 35(b) of the Madhya Pradesh Excise Act, 1915?

A person commits an offence if he possesses any spirit knowing or having reason to believe that it has been altered or attempted to be altered with the intention of making it fit for human consumption.

What offence is provided under Section 35(c) of the Madhya Pradesh Excise Act, 1915?

A person commits an offence if he mixes denatured spirit, altered denatured spirit or denatured spirituous preparation with potable spirit.

What punishment is prescribed for offences under Section 35 of the Madhya Pradesh Excise Act, 1915?

The offender shall be punished with imprisonment of not less than one month but which may extend to two years and with fine not less than one thousand rupees but which may extend to four thousand rupees.

What enhanced punishment is prescribed for repeat offences under the proviso to Section 35 of the Madhya Pradesh Excise Act, 1915?

For a second or subsequent offence, the offender shall be punished with imprisonment of not less than six months but which may extend to six years and with fine not less than one thousand five hundred rupees but which may extend to six thousand rupees.

What is meant by “denatured spirituous preparation” under the explanation to Section 35 of the Madhya Pradesh Excise Act, 1915?

It means any preparation made with denatured spirit and includes products such as liquors, french polish, varnish and thinners prepared from such spirituous preparations.

What is the subject matter of Section 36 of the Madhya Pradesh Excise Act, 1915?

Section 36 prescribes punishment for illegal possession.

What constitutes the offence of illegal possession under Section 36 of the Madhya Pradesh Excise Act, 1915?

A person commits an offence if he possesses any intoxicant without lawful authority while knowing that it has been unlawfully imported, transported, manufactured, cultivated or collected or that the prescribed duty on it has not been paid.

What mental element is required for the offence under Section 36 of the Madhya Pradesh Excise Act, 1915?

The person must knowingly possess the intoxicant while being aware that it was unlawfully imported, transported, manufactured, cultivated or collected or that the prescribed duty has not been paid.

What punishment is prescribed under Section 36 of the Madhya Pradesh Excise Act, 1915 for illegal possession of intoxicants?

The offender may be punished with imprisonment which may extend to six months or with a fine which may extend to one thousand rupees or with both.

What is the subject matter of Section 36-A of the Madhya Pradesh Excise Act, 1915?

Section 36-A prescribes penalties for opening, keeping or using any place as a common drinking house or for managing or assisting in the business of such place in contravention of the Act.

Under what circumstances does liability arise under Section 36-A of the Madhya Pradesh Excise Act, 1915?

Liability arises when a person acts in contravention of the Act, any rule, notification or order made thereunder, or any licence, permit or pass granted under the Act.

What offence is provided under Section 36-A(a) of the Madhya Pradesh Excise Act, 1915?

A person commits an offence if he opens, keeps or uses any place as a common drinking house in contravention of the provisions of the Act or the rules, orders or licence conditions.

What offence is provided under Section 36-A(b) of the Madhya Pradesh Excise Act, 1915?

A person commits an offence if he has the care, management or control of, or assists in conducting the business of any place opened, kept or used as a common drinking house in contravention of the Act.

What punishment is prescribed under Section 36-A of the Madhya Pradesh Excise Act, 1915?

The offender may be punished with imprisonment which may extend to one year or with fine not less than two hundred rupees but which may extend to two thousand rupees, or with both.

What is the subject matter of Section 36-B of the Madhya Pradesh Excise Act, 1915?

Section 36-B prescribes punishment for being drunk, drinking or being present for the purpose of drinking in a common drinking-house.

Under what circumstances does liability arise under Section 36-B of the Madhya Pradesh Excise Act, 1915?

Liability arises when a person is found drunk, drinking, or present for the purpose of drinking in a common drinking-house in contravention of the Act, rules, notifications, orders or licence, permit or pass conditions.

What offence is provided under Section 36-B of the Madhya Pradesh Excise Act, 1915 regarding presence in a common drinking-house?

A person commits an offence if he is found drunk, drinking or present for the purpose of drinking in a common drinking-house in violation of the provisions of the Act.

What punishment is prescribed under Section 36-B of the Madhya Pradesh Excise Act, 1915?

The offender shall be punishable with a fine which may extend to one thousand rupees.

What presumption is established under Section 36-B of the Madhya Pradesh Excise Act, 1915 regarding persons found in a common drinking-house?

Any person found in a common drinking-house while drinking is taking place there shall be presumed, until the contrary is proved, to have been present for the purpose of drinking.

What is the subject matter of Section 36-C of the Madhya Pradesh Excise Act, 1915?

Section 36-C prescribes punishment for permitting any place to be used for committing offences punishable under Sections 34, 35, 36 or 36-A of the Act.

Who can be held liable under Section 36-C of the Madhya Pradesh Excise Act, 1915?

The owner, occupier, or any person having the use, care, management or control of any place can be held liable if he knowingly permits it to be used for committing offences under the Act.

What constitutes the offence under Section 36-C of the Madhya Pradesh Excise Act, 1915?

The offence occurs when a person knowingly permits any place under his ownership, occupation or control to be used by another person for committing offences punishable under Sections 34, 35, 36 or 36-A.

What punishment is prescribed under Section 36-C of the Madhya Pradesh Excise Act, 1915?

The offender may be punished with imprisonment which may extend to one year or with fine not less than two hundred rupees but which may extend to two thousand rupees, or with both.

What is the subject matter of Section 36-D of the Madhya Pradesh Excise Act, 1915?

Section 36-D empowers a Magistrate to require a person convicted under Sections 34 or 36 to execute a bond to abstain from committing similar offences for a specified period.

Under what circumstances can a bond be required under Section 36-D(1) of the Madhya Pradesh Excise Act, 1915?

A bond may be required when a person is convicted of an offence punishable under Section 34 or Section 36 and the Magistrate considers it necessary to prevent the commission of similar offences.

At what stage can the Magistrate order execution of a bond under Section 36-D(1) of the Madhya Pradesh Excise Act, 1915?

The Magistrate may order the execution of the bond at the time of passing the sentence on the convicted person.

What conditions may be attached to the bond ordered under Section 36-D(1) of the Madhya Pradesh Excise Act, 1915?

The Magistrate may require the convicted person to execute a bond for a sum proportionate to his means, with or without sureties.

For what purpose is the bond executed under Section 36-D(1) of the Madhya Pradesh Excise Act, 1915?

The bond is executed to ensure that the convicted person abstains from committing offences punishable under Sections 34 or 36.

What is the maximum duration for which a bond may be required under Section 36-D(1) of the Madhya Pradesh Excise Act, 1915?

The bond may be required for a period not exceeding three years.

What is the subject matter of Section 36-D(2) of the Madhya Pradesh Excise Act, 1915?

Section 36-D(2) prescribes the form of the bond to be executed and provides that provisions of the Code of Criminal Procedure apply to matters connected with such bond.

In what form must the bond be executed under Section 36-D(2) of the Madhya Pradesh Excise Act, 1915?

The bond shall be executed in the form prescribed in the Second Schedule of the Act.

Which procedural law applies to matters connected with the bond under Section 36-D(2) of the Madhya Pradesh Excise Act, 1915?

The relevant provisions of the Code of Criminal Procedure, 1898 apply to matters connected with such bond as far as they are applicable.

How is the bond treated under the Code of Criminal Procedure according to Section 36-D(2) of the Madhya Pradesh Excise Act, 1915?

The bond is treated as if it were a bond to keep the peace ordered under Section 106 of the Code of Criminal Procedure, 1898.

Under what circumstances does the bond become void under Section 36-D(3) of the Madhya Pradesh Excise Act, 1915?

If the conviction on which the bond was ordered is set aside on appeal or otherwise, the bond executed shall become void.

Which courts may pass an order requiring execution of a bond under Section 36-D(4) of the Madhya Pradesh Excise Act, 1915?

An Appellate Court or the High Court exercising its revisional jurisdiction may also make an order requiring execution of such bond.

What is the subject matter of Section 36-E of the Madhya Pradesh Excise Act, 1915?

Section 36-E empowers a specially empowered Magistrate to require habitual offenders under Sections 34 or 36 to show cause why they should not execute a bond for good behaviour.

Which Magistrate is empowered to take action under Section 36-E(1) of the Madhya Pradesh Excise Act, 1915?

A Magistrate of the first class specially empowered by the State Government may take action under this section.

Under what circumstances can proceedings be initiated under Section 36-E(1) of the Madhya Pradesh Excise Act, 1915?

Proceedings may be initiated when the Magistrate receives information that a person within his jurisdiction habitually commits, attempts to commit, or abets offences punishable under Section 34 or Section 36.

What action may the Magistrate take under Section 36-E(1) of the Madhya Pradesh Excise Act, 1915 against such habitual offender?

The Magistrate may require the person to show cause why he should not be ordered to execute a bond with sureties for good behaviour.

What is the maximum period for which a bond for good behaviour may be required under Section 36-E(1) of the Madhya Pradesh Excise Act, 1915?

The bond may be required for a period not exceeding three years as directed by the Magistrate.

Which procedural law applies to proceedings under Section 36-E(2) of the Madhya Pradesh Excise Act, 1915?

The provisions of the Code of Criminal Procedure, 1898 apply to proceedings under this section insofar as they are applicable.

How is the bond under Section 36-E treated under the Code of Criminal Procedure according to Section 36-E(2) of the Madhya Pradesh Excise Act, 1915?

The bond is treated as if it were a bond required to be executed under Section 110 of the Code of Criminal Procedure, 1898.

What is the subject matter of Section 37 of the Madhya Pradesh Excise Act, 1915?

Section 37 provides a general penalty for offences under the Act that are not specifically provided for in other provisions of the Act.

Under what circumstances does liability arise under Section 37 of the Madhya Pradesh Excise Act, 1915?

Liability arises when a person commits any act or intentional omission in contravention of the provisions of the Act or any rule, notification or order made under it and no specific punishment is provided elsewhere in the Act.

What punishment is prescribed under Section 37 of the Madhya Pradesh Excise Act, 1915 for offences not otherwise provided for?

The offender may be punished with imprisonment which may extend to six months or with a fine which may extend to one thousand rupees, or with both.

What is the subject matter of Section 38 of the Madhya Pradesh Excise Act, 1915?

Section 38 prescribes penalties for certain unlawful acts committed by licensed vendors or persons employed by them in connection with the sale of intoxicants.

Who can be held liable under Section 38(1) of the Madhya Pradesh Excise Act, 1915?

A licensed vendor or any person employed by him and acting on his behalf may be held liable for committing the unlawful acts specified in this section.

What offence is provided under Section 38(1)(a) of the Madhya Pradesh Excise Act, 1915?

A licensed vendor commits an offence if he sells any intoxicant to a person who is drunk or intoxicated.

What offence is provided under Section 38(1)(b) of the Madhya Pradesh Excise Act, 1915?

A licensed vendor commits an offence if he sells or gives any intoxicant to any person in contravention of the provisions of Section 23.

What offence is provided under Section 38(1)(c) of the Madhya Pradesh Excise Act, 1915?

A licensed vendor commits an offence if he employs or permits the employment of any male person under twenty-one years of age or any woman on the licensed premises in contravention of Section 22.

What offence is provided under Section 38(1)(d) of the Madhya Pradesh Excise Act, 1915?

A licensed vendor commits an offence if he permits drunkenness, intoxication, disorderly conduct, dancing, singing, playing of music or gaming on the licensed premises.

What offence is provided under Section 38(1)(e) of the Madhya Pradesh Excise Act, 1915?

A licensed vendor commits an offence if he allows persons whom he knows or has reason to believe to have been convicted of any non-bailable offence or who are prostitutes to resort to or assemble on the licensed premises.

What punishment is prescribed under Section 38(1) of the Madhya Pradesh Excise Act, 1915 for unlawful acts by licensed vendors?

The offender shall be punishable with a fine which shall not be less than one hundred rupees but which may extend to two thousand rupees.

When does Section 38(2) of the Madhya Pradesh Excise Act, 1915 apply?

It applies when a licensed vendor or a person employed by him and acting on his behalf is charged with permitting drunkenness on the licensed premises.

What fact must first be proved for Section 38(2) of the Madhya Pradesh Excise Act, 1915 to operate?

It must be proved that a person was drunk on the premises of the licensed vendor.

On whom does the burden of proof lie under Section 38(2) of the Madhya Pradesh Excise Act, 1915 once drunkenness on the premises is proved?

The burden lies on the person charged to prove that the licensed vendor and his employees took all reasonable steps to prevent drunkenness on the premises.

What must the accused establish to avoid liability under Section 38(2) of the Madhya Pradesh Excise Act, 1915?

The accused must show that the licensed vendor and his employees took all reasonable precautions and steps to prevent drunkenness on the premises.

What is the subject matter of Section 38-A of the Madhya Pradesh Excise Act, 1915?

Section 38-A prescribes penalties for licensed manufacturers or vendors who mix or permit to be mixed any noxious drug, foreign ingredient or other substance with intoxicants manufactured, sold or kept for sale.

Who can be held liable under Section 38-A of the Madhya Pradesh Excise Act, 1915?

A licensed manufacturer, a licensed vendor, or any person employed by them and acting on their behalf may be held liable under this section.

What offence is provided under Section 38-A of the Madhya Pradesh Excise Act, 1915 regarding mixing substances with intoxicants?

An offence occurs if a licensed manufacturer or vendor mixes or permits to be mixed with any intoxicant any noxious drug, foreign ingredient not authorised by the licence, or any diluting or colouring substance.

What possession-related offence is provided under Section 38-A of the Madhya Pradesh Excise Act, 1915?

An offence is committed if a licensed manufacturer or vendor possesses any intoxicant in respect of which such prohibited admixture has been made.

What punishment is prescribed under Section 38-A of the Madhya Pradesh Excise Act, 1915?

The offender shall be punished with imprisonment of not less than one month but which may extend to one year, or with fine not less than three hundred rupees but which may extend to two thousand rupees, or with both.

What is the subject matter of Section 39 of the Madhya Pradesh Excise Act, 1915?

Section 39 prescribes penalties for misconduct by holders of licences.

Who can be held liable under Section 39 of the Madhya Pradesh Excise Act, 1915?

A holder of a licence, permit or pass granted under the Act or any person employed by such holder and acting on his behalf can be held liable.

What offence is provided under Section 39(a) of the Madhya Pradesh Excise Act, 1915?

An offence occurs when the holder of a licence, permit or pass intentionally fails to produce it on demand by an Excise Officer or any other officer duly empowered to make such demand.

What offence is provided under Section 39(b) of the Madhya Pradesh Excise Act, 1915?

An offence occurs when the holder intentionally contravenes any rule made under Section 62, except in cases already covered by Section 34.

What offence is provided under Section 39(c) of the Madhya Pradesh Excise Act, 1915?

An offence occurs when the holder intentionally commits any act in breach of the conditions of the licence, permit or pass which is not otherwise specifically provided for in the Act.

What punishment is prescribed under Section 39(a) of the Madhya Pradesh Excise Act, 1915?

The offender shall be punishable with a fine which may extend to four hundred rupees.

What punishment is prescribed under Section 39(b) and Section 39(c) of the Madhya Pradesh Excise Act, 1915?

The offender shall be punishable with a fine which may extend to ten thousand rupees.

What is the subject matter of Section 40 of the Madhya Pradesh Excise Act, 1915?

Section 40 prescribes penalties relating to the consumption of intoxicants on the premises of chemists.

What offence is provided under Section 40(1) of the Madhya Pradesh Excise Act, 1915 regarding chemists or druggists?

A chemist, druggist, apothecary or keeper of a dispensary commits an offence if he allows any intoxicant not bona fide medicated for medicinal purposes to be consumed on his business premises by a person not employed in his business.

What punishment is prescribed under Section 40(1) of the Madhya Pradesh Excise Act, 1915?

The offender may be punished with imprisonment which may extend to one year or with fine not less than five hundred rupees but which may extend to four thousand rupees, or with both.

What offence is provided under Section 40(2) of the Madhya Pradesh Excise Act, 1915?

A person not employed in the business of the chemist, druggist, apothecary or dispensary commits an offence if he consumes such intoxicant on those premises.

What punishment is prescribed under Section 40(2) of the Madhya Pradesh Excise Act, 1915?

The person consuming such intoxicant shall be punishable with a fine which may extend to five hundred rupees.

What is the subject matter of Section 40-A of the Madhya Pradesh Excise Act, 1915?

Section 40-A prescribes punishment for assaulting or obstructing excise officers or persons assisting them while exercising powers under the Act.

Who is protected under Section 40-A(a) of the Madhya Pradesh Excise Act, 1915?

Any Excise Officer or any person exercising powers under the Act is protected from assault or obstruction.

Who is protected under Section 40-A(b) of the Madhya Pradesh Excise Act, 1915?

Any informant or other person helping an excise officer or authorised person while exercising powers under the Act is protected from assault or obstruction.

What acts constitute an offence under Section 40-A of the Madhya Pradesh Excise Act, 1915?

Assaulting or obstructing an excise officer, authorised person, informant or helper while they are exercising powers under the Act constitutes an offence.

What punishment is prescribed under Section 40-A of the Madhya Pradesh Excise Act, 1915?

The offender may be punished with imprisonment which may extend to two years or with fine which may extend to two thousand rupees, or with both.

What is the subject matter of Section 41 of the Madhya Pradesh Excise Act, 1915?

Section 41 provides for liability where intoxicants are manufactured, sold or possessed by one person on behalf of another.

What legal presumption is created under Section 41(1) of the Madhya Pradesh Excise Act, 1915?

If an intoxicant is manufactured, sold or possessed by one person on account of another and the latter knows or has reason to believe this, the intoxicant shall be deemed to have been manufactured, sold or possessed by that other person.

What knowledge requirement is necessary for the presumption under Section 41(1) of the Madhya Pradesh Excise Act, 1915?

The other person must know or have reason to believe that the manufacture, sale or possession was carried out on his account.

What liability rule is clarified under Section 41(2) of the Madhya Pradesh Excise Act, 1915 regarding the actual actor?

The person who actually manufactures, sells or possesses the intoxicant on behalf of another is not absolved from liability and may still be punished for the unlawful act under the Act.

What is the subject matter of Section 42 of the Madhya Pradesh Excise Act, 1915?

Section 42 provides that attempts to commit or abetment of offences under the Act are punishable in the same manner as the offence itself.

What acts attract liability under Section 42 of the Madhya Pradesh Excise Act, 1915?

Any person who attempts to commit or abets the commission of an offence punishable under the Act attracts liability under this section.

What punishment is prescribed for attempt or abetment under Section 42 of the Madhya Pradesh Excise Act, 1915?

A person attempting to commit or abetting an offence under the Act shall be liable to the same punishment as is provided for that offence.

What is the subject matter of Section 43 of the Madhya Pradesh Excise Act, 1915?

Section 43 provides a legal presumption regarding the commission of certain offences under the Act when an accused fails to satisfactorily account for possession of specified articles.

In which prosecutions does the presumption under Section 43 of the Madhya Pradesh Excise Act, 1915 apply?

The presumption applies in prosecutions under Section 34, Section 35 and Section 36 of the Act.

What is the nature of presumption created under Section 43 of the Madhya Pradesh Excise Act, 1915?

It shall be presumed, unless the contrary is proved, that the accused has committed the offence if he cannot satisfactorily account for possession of certain specified items.

What presumption arises regarding possession of intoxicants under Section 43(a) of the Madhya Pradesh Excise Act, 1915?

If the accused is unable to satisfactorily account for possession of any intoxicant, it shall be presumed that he has committed an offence punishable under the relevant section.

What presumption arises regarding equipment for manufacturing intoxicants under Section 43(b) of the Madhya Pradesh Excise Act, 1915?

If the accused cannot satisfactorily explain possession of any still, utensil, implement or apparatus used for manufacturing intoxicants other than tan, it shall be presumed that he has committed the offence.

What presumption arises regarding materials used for manufacturing intoxicants under Section 43(c) of the Madhya Pradesh Excise Act, 1915?

If the accused cannot satisfactorily account for possession of materials that have undergone any process towards manufacturing an intoxicant or from which an intoxicant has been manufactured, it shall be presumed that he has committed the offence.

What is the subject matter of Section 44 of the Madhya Pradesh Excise Act, 1915?

Section 44 provides for the criminal liability of a licensee for offences committed by persons employed by him and acting on his behalf under the Act.

Under what circumstances does liability arise under Section 44 of the Madhya Pradesh Excise Act, 1915?

Liability arises when an offence under Sections 34, 35, 36, 36-A, 38, 38-A or 39 is committed by a person employed by and acting on behalf of the holder of a licence, permit or pass.

What presumption of liability is created against a licensee under Section 44 of the Madhya Pradesh Excise Act, 1915?

The holder of the licence, permit or pass shall also be punishable as if he himself had committed the offence committed by his employee.

How can a licensee avoid liability under Section 44 of the Madhya Pradesh Excise Act, 1915?

The licensee may avoid liability if he proves that he exercised all due and reasonable precautions to prevent the commission of the offence.

What limitation on punishment is provided in the proviso to Section 44 of the Madhya Pradesh Excise Act, 1915?

No person other than the actual offender shall be punishable with imprisonment except in default of payment of fine.

What is the subject matter of Section 45 of the Madhya Pradesh Excise Act, 1915?

Section 45 provides enhanced punishment for persons who commit certain offences under the Act after having been previously convicted of similar offences.

Under what circumstances does enhanced punishment apply under Section 45 of the Madhya Pradesh Excise Act, 1915?

Enhanced punishment applies when a person who has previously been convicted under Sections 34, 35, 36, 36-A, 36-B, 36-C or 40, or corresponding provisions of repealed enactments, commits and is again convicted of an offence under those sections.

What is the extent of enhanced punishment under Section 45 of the Madhya Pradesh Excise Act, 1915?

The offender shall be liable to twice the punishment that could have been imposed for a first conviction under the Act.

What clarification is provided in the proviso to Section 45 of the Madhya Pradesh Excise Act, 1915 regarding summary trials?

The provision does not prevent any offence that could otherwise be tried summarily under Chapter XXI of the Code of Criminal Procedure, 1973 from being tried summarily.

What is the subject matter of Section 46 of the Madhya Pradesh Excise Act, 1915?

Section 46 provides for the Liability of certain things to confiscation.

Under what circumstances does confiscation arise under Section 46(1) of the Madhya Pradesh Excise Act, 1915?

Confiscation arises whenever an offence punishable under the Act has been committed.

What items are liable to confiscation under Section 46(1) of the Madhya Pradesh Excise Act, 1915?

The intoxicant, materials, stills, utensils, implements or apparatus used in committing the offence shall be liable to confiscation.

What containers and related items are liable to confiscation under Section 46(1) of the Madhya Pradesh Excise Act, 1915?

The receptacles, packages and coverings containing such intoxicants or materials, and any other contents of those receptacles or packages, shall be liable to confiscation.

What conveyances are liable to confiscation under Section 46(1) of the Madhya Pradesh Excise Act, 1915?

Animals, carts, vessels, rafts or any other conveyance used for carrying the intoxicants or related materials shall be liable to confiscation.

What additional items may be confiscated under Section 46(2) of the Madhya Pradesh Excise Act, 1915?

Any intoxicant that was lawfully imported, transported, manufactured, possessed or sold but found together with or in addition to intoxicants liable to confiscation shall also be liable to confiscation.

What related articles may also be confiscated under Section 46(2) of the Madhya Pradesh Excise Act, 1915?

The receptacles, packages, coverings, their contents and the animals, carts, vessels, rafts or other conveyances used for carrying such intoxicants shall also be liable to confiscation.

What does Section 47 of the Madhya Pradesh Excise Act, 1915 deal with?

Section 47 deals with orders of confiscation.

Who orders confiscation under Section 47(1) of the Madhya Pradesh Excise Act, 1915?

The Magistrate orders confiscation when he decides that the property is liable to confiscation under Section 46.

What restriction is placed on the Magistrate under the proviso to Section 47(1) of the Madhya Pradesh Excise Act, 1915?

The Magistrate shall not pass an order of confiscation if proceedings under Section 47-A are pending before the Collector.

What happens if the Collector has already ordered confiscation under Section 47-A according to the proviso to Section 47(1) of the Madhya Pradesh Excise Act, 1915?

The Magistrate shall not pass any confiscation order regarding the same property.

Who conducts the inquiry when the offender is unknown under Section 47(2) of the Madhya Pradesh Excise Act, 1915?

The Collector conducts the inquiry and may order confiscation.

What procedural safeguard is provided before confiscation under Section 47(2) of the Madhya Pradesh Excise Act, 1915?

No order shall be made before one month from seizure and without hearing any claimant and considering evidence.

What power does the Collector have regarding perishable property under Section 47(2) of the Madhya Pradesh Excise Act, 1915?

The Collector may order sale of the property if it is perishable or beneficial to sell.

How are sale proceeds treated under Section 47(2) of the Madhya Pradesh Excise Act, 1915?

The provisions of the section apply as far as possible to the net proceeds of the sale.

What does Section 47-A of the Madhya Pradesh Excise Act, 1915 deal with?

Section 47-A deals with confiscation of seized intoxicants, articles, implements, utensils, materials and conveyances.

When does Section 47-A apply under the Madhya Pradesh Excise Act, 1915?

When an offence under Section 34(1)(a) or (b) is committed and the quantity of liquor exceeds fifty bulk litres.

What must the empowered officer do after seizing property under Section 47-A(1) of the Madhya Pradesh Excise Act, 1915?

The officer shall mark the seized property and produce it before the authorised officer or report the seizure if production is not feasible.

Who is the authorised officer under Section 47-A(1) of the Madhya Pradesh Excise Act, 1915?

An officer not below the rank of District Excise Officer authorised by the State Government.

What power does the Collector have under Section 47-A(2) of the Madhya Pradesh Excise Act, 1915?

The Collector may order confiscation of the seized intoxicants, articles, implements, utensils, materials and conveyances.

Can the Collector pass interim orders under Section 47-A(2) of the Madhya Pradesh Excise Act, 1915?

Yes, the Collector may pass interim orders for custody or disposal of the seized property during confiscation proceedings.

What procedural requirement is provided under Section 47-A(3)(a) of the Madhya Pradesh Excise Act, 1915?

The Collector must send intimation to the court having jurisdiction about initiation of confiscation proceedings.

What notice requirement is provided under Section 47-A(3)(b) of the Madhya Pradesh Excise Act, 1915?

Written notice must be issued to the person from whom the property was seized and to persons claiming interest in it.

What opportunity must be given under Section 47-A(3)(c) of the Madhya Pradesh Excise Act, 1915?

The persons concerned must be given an opportunity to make representation against the proposed confiscation.

What hearing requirement is provided under Section 47-A(3)(d) of the Madhya Pradesh Excise Act, 1915?

The officer effecting the seizure and the concerned persons must be given a hearing.

What is the subject matter of Section 47-B of the Madhya Pradesh Excise Act, 1915?

Section 47-B provides the procedure for filing an appeal against an order of confiscation passed under Section 47-A(2).

Who may file an appeal under Section 47-B(1) of the Madhya Pradesh Excise Act, 1915?

Any person aggrieved by an order of confiscation passed under Section 47-A(2) may file an appeal.

Within what time limit must an appeal be filed under Section 47-B(1) of the Madhya Pradesh Excise Act, 1915?

The appeal must be filed within thirty days from the date of the confiscation order.

Before which authority can an appeal be filed under Section 47-B(1) of the Madhya Pradesh Excise Act, 1915?

The appeal may be filed before the Collector concerned or any other officer authorised by the State Government by notification, known as the Appellate Authority.

What document must accompany the memorandum of appeal under Section 47-B(1) of the Madhya Pradesh Excise Act, 1915?

The memorandum of appeal must be accompanied by a certified copy of the order appealed against.

What procedural step must the Appellate Authority take upon receiving the appeal under Section 47-B(2) of the Madhya Pradesh Excise Act, 1915?

The Appellate Authority must issue notice to the appellant and to any other person who may be adversely affected by the decision in the appeal.

What powers does the Appellate Authority have under Section 47-B(3) of the Madhya Pradesh Excise Act, 1915 after hearing the appeal?

The Appellate Authority may confirm, reverse or modify the order of confiscation appealed against.

What interim powers are granted to the Appellate Authority under the proviso to Section 47-B(3) of the Madhya Pradesh Excise Act, 1915?

The Appellate Authority may pass interim orders regarding the custody or disposal of the confiscated articles during the pendency of the appeal.

What limitation on power is imposed on the Appellate Authority under the proviso to Section 47-B(3) of the Madhya Pradesh Excise Act, 1915?

The Appellate Authority has no power to stay the order of confiscation during the pendency of the appeal.

What is the subject matter of Section 47-C of the Madhya Pradesh Excise Act, 1915?

Section 47-C provides for revision before the Court of Sessions against the final order passed by the Appellate Authority under Section 47-B(3).

Who may file a revision petition under Section 47-C(1) of the Madhya Pradesh Excise Act, 1915?

Any party to the appeal who is aggrieved by the final order of the Appellate Authority may file a revision petition.

Within what time limit must a revision be filed under Section 47-C(1) of the Madhya Pradesh Excise Act, 1915?

The revision petition must be filed within thirty days from the date of the order of the Appellate Authority.

On what ground can a revision be filed under Section 47-C(1) of the Madhya Pradesh Excise Act, 1915?

The revision can be filed solely on the ground of illegality in the order passed by the Appellate Authority.

Before which authority is the revision petition filed under Section 47-C(1) of the Madhya Pradesh Excise Act, 1915?

The revision petition is filed before the Court of Sessions within the Sessions Division.

What powers does the Court of Sessions have under Section 47-C(2) of the Madhya Pradesh Excise Act, 1915?

If the Court of Sessions finds illegality in the order of the Appellate Authority, it may confirm, reverse or modify that order.

What limitation on powers is imposed on the Court of Sessions under the proviso to Section 47-C of the Madhya Pradesh Excise Act, 1915?

The Court of Sessions has no power to stay the order of confiscation passed by the Appellate Authority during the pendency of the revision petition.

What is the subject matter of Section 47-D of the Madhya Pradesh Excise Act, 1915?

Section 47-D provides a bar on the jurisdiction of courts regarding disposal or custody of seized property once confiscation proceedings have been initiated by the Collector.

To which offences does the bar under Section 47-D of the Madhya Pradesh Excise Act, 1915 apply?

The bar applies to offences covered under clause (a) or clause (b) of Section 34(1) in respect of which seizure of property has been made.

When does the bar on court jurisdiction operate under Section 47-D of the Madhya Pradesh Excise Act, 1915?

The bar operates after the court receives an intimation from the Collector under Section 47-A(3)(a) that confiscation proceedings regarding the seized property have been initiated.

What actions are courts prohibited from taking under Section 47-D of the Madhya Pradesh Excise Act, 1915?

The court having jurisdiction to try the offence cannot pass any order regarding the disposal, custody or management of the seized intoxicants, articles, implements, utensils, materials or conveyances.

Which authority retains control over the seized property after such intimation under Section 47-D of the Madhya Pradesh Excise Act, 1915?

The Collector conducting confiscation proceedings under Section 47-A retains control over matters relating to the seized property.

What is the subject matter of Section 48 of the Madhya Pradesh Excise Act, 1915?

Section 48 empowers the Excise Commissioner or the Collector to compound certain offences and impose penalties.

Which authorities are empowered to compound offences under Section 48(1) of the Madhya Pradesh Excise Act, 1915?

The Excise Commissioner or the Collector is empowered to compound certain offences and impose penalties.

In which cases can money be accepted in lieu of cancellation or suspension under Section 48(1)(a) of the Madhya Pradesh Excise Act, 1915?

Money may be accepted from a person whose licence, permit or pass is liable to cancellation or suspension under clauses (a) or (b) of Section 31.

For which offences can composition be allowed under Section 48(1)(a) of the Madhya Pradesh Excise Act, 1915?

Composition may be allowed for offences reasonably believed to have been committed under Sections 37, 38, 38-A (except cases involving admixture with noxious drugs) or Section 39.

What is the maximum amount that may be accepted as composition or penalty under Section 48(1)(a) of the Madhya Pradesh Excise Act, 1915?

A sum not exceeding ten thousand rupees may be accepted as composition or imposed as a penalty.

What additional power is given regarding seized articles under Section 48(1)(a) of the Madhya Pradesh Excise Act, 1915?

The authority may order confiscation of the seized articles while compounding the offence or imposing a penalty.

What power regarding seized property is given under Section 48(1)(b) of the Madhya Pradesh Excise Act, 1915?

Before a judicial Magistrate passes an order of confiscation, the Excise Commissioner or Collector may release the seized property upon payment of its value as estimated by them.

What is the legal effect of payment under Section 48(2) of the Madhya Pradesh Excise Act, 1915?

Upon payment of the composition amount, the accused if in custody shall be discharged, the seized property shall be released and no further proceedings shall be taken against the person or property.

What is the subject matter of Section 48-A of the Madhya Pradesh Excise Act, 1915?

Section 48-A provides a special provision allowing the Excise Commissioner or Collector to impose penalties beyond the limit prescribed under Section 48 in certain cases.

What limitation under Section 48 is overridden by Section 48-A of the Madhya Pradesh Excise Act, 1915?

Section 48-A overrides the maximum penalty limit of ten thousand rupees prescribed under Section 48(1).

Who is empowered to impose penalty under Section 48-A of the Madhya Pradesh Excise Act, 1915?

The Excise Commissioner or the Collector is empowered to impose such penalties.

Under what circumstances can penalty be imposed under Section 48-A of the Madhya Pradesh Excise Act, 1915?

Penalty may be imposed when there is a breach or contravention of the rules or the conditions of a licence issued under the Act.

What is the extent of penalty that may be imposed under Section 48-A of the Madhya Pradesh Excise Act, 1915?

The penalty may extend to the amount provided in the applicable rules or licence conditions, even if it exceeds the ten thousand rupees limit mentioned in Section 48.

What is the subject matter of Section 49 of the Madhya Pradesh Excise Act, 1915?

Section 49 prescribes punishment for excise officers or other authorised officers who make vexatious or unnecessary searches, seizures, detentions or arrests under the colour of powers conferred by the Act.

Which officers can be held liable under Section 49 of the Madhya Pradesh Excise Act, 1915?

Any Excise Officer, officer of the Police, officer of the Land Revenue Department or any other person duly empowered under Section 52 can be held liable under this section.

What offence is provided under Section 49(a) of the Madhya Pradesh Excise Act, 1915?

An offence occurs if an officer vexatiously and unnecessarily enters or searches or causes any place to be entered or searched under the pretence of exercising powers under the Act.

What offence is provided under Section 49(b) of the Madhya Pradesh Excise Act, 1915?

An offence occurs if an officer vexatiously seizes the movable property of any person on the pretence of searching for or seizing an article liable to confiscation under the Act.

What offence is provided under Section 49(c) of the Madhya Pradesh Excise Act, 1915?

An offence occurs if an officer vexatiously detains, searches or arrests any person without proper justification.

What punishment is prescribed under Section 49 of the Madhya Pradesh Excise Act, 1915?

The offender may be punished with imprisonment which may extend to three months or with fine which may extend to five hundred rupees, or with both.

CHAPTER-VII-A

PENALTY FOR OFFENCES AGAINST LIFE

What is the subject matter of Section 49-A of the Madhya Pradesh Excise Act, 1915?

Section 49-A provides for the penalty for import etc. of liquor unfit for human consumption or for altering or attempting to alter denatured spirituous preparation.

What offence is provided under Section 49-A(1)(a) of the Madhya Pradesh Excise Act, 1915?

A person commits an offence if he imports, exports, transports, manufactures, collects, possesses, bottles or sells any liquor which is later found unfit for human consumption or causes injury or death.

What offence is provided under Section 49-A(1)(b) of the Madhya Pradesh Excise Act, 1915?

A person commits an offence if he alters or attempts to alter any denatured spirit or denatured spirituous preparation with the intention that it may be used for human consumption whether as a beverage, medicine or in any other form.

What offence is provided under Section 49-A(1)(c) of the Madhya Pradesh Excise Act, 1915?

A person commits an offence if he knowingly allows or suffers another person to alter or attempt to alter any spirit or denatured spirituous preparation with the intention that it may be used for human consumption.

What offence is provided under Section 49-A(1)(d) of the Madhya Pradesh Excise Act, 1915?

A person commits an offence if he mixes denatured spirit, altered denatured spirit or denatured spirituous preparation with potable spirit resulting in liquor that is unfit for human consumption or causes injury or death.

What punishment is prescribed under Section 49-A(1)(i) of the Madhya Pradesh Excise Act, 1915 when liquor is found unfit for human consumption?

The offender shall be punished with imprisonment not less than two months but which may extend to two years and shall also be liable to fine.

What punishment is prescribed under Section 49-A(1)(ii) of the Madhya Pradesh Excise Act, 1915 when such liquor causes injury to a human being?

The offender shall be punished with imprisonment not less than four months but which may extend to four years and shall also be liable to fine.

What punishment is prescribed under Section 49-A(1)(iii) of the Madhya Pradesh Excise Act, 1915 when such liquor causes death of a human being?

The offender shall be punished with imprisonment not less than two years but which may extend to ten years and shall also be liable to fine.

What enhanced punishment is prescribed under Section 49-A(2)(a) of the Madhya Pradesh Excise Act, 1915 for repeat offences when liquor is unfit for human consumption?

The offender shall be punished with imprisonment not less than six months but which may extend to four years and shall also be liable to fine.

What enhanced punishment is prescribed under Section 49-A(2)(b) of the Madhya Pradesh Excise Act, 1915 for repeat offences when liquor causes injury to a human being?

The offender shall be punished with imprisonment not less than one year but which may extend to six years and shall also be liable to fine.

What enhanced punishment is prescribed under Section 49-A(2)(c) of the Madhya Pradesh Excise Act, 1915 for repeat offences when liquor causes death of a human being?

The offender shall be punished with imprisonment for life or with imprisonment not less than five years but which may extend to ten years and shall also be liable to fine.

49-B. Omitted

CHAPTER-VIII

DETENTION, INVESTIGATION AND TRIAL OF OFFENCES

What is the subject matter of Section 50 of the Madhya Pradesh Excise Act, 1915?

Section 50 imposes a duty on landholders and certain village officials to give information.

Under what circumstances does the duty to report arise under Section 50 of the Madhya Pradesh Excise Act, 1915?

The duty arises when any intoxicant is manufactured or collected or any hemp plant is cultivated on any land in contravention of the provisions of the Act.

Who is required to give information under Section 50(a) of the Madhya Pradesh Excise Act, 1915?

The owner or occupier of the land and any agent of such owner or occupier must report the unlawful activity.

Which village officials are required to report under Section 50(b) of the Madhya Pradesh Excise Act, 1915?

Village-headmen, village-accountants, village-watchmen and officers engaged in the collection of revenue or rent of land on behalf of the Government or the Court of Wards must report the offence.

To whom must information be given under Section 50 of the Madhya Pradesh Excise Act, 1915?

The information must be given to a Magistrate or to an officer of the Excise, Police or Land Revenue Department.

When must the information be given under Section 50 of the Madhya Pradesh Excise Act, 1915?

The information must be given as soon as the fact comes to the knowledge of the person required to report it, unless there is a reasonable excuse.

What is the subject matter of Section 51 of the Madhya Pradesh Excise Act, 1915?

Section 51 confers power on specified authorities to enter, inspect and examine places where intoxicants are manufactured, stored or sold under licence.

Which authorities are empowered to enter and inspect places under Section 51 of the Madhya Pradesh Excise Act, 1915?

The Excise Commissioner, the Collector, any Excise Officer not below the rank prescribed by the State Government by notification and any police officer duly empowered may exercise this power.

What power is provided under Section 51(a) of the Madhya Pradesh Excise Act, 1915?

The authorised officers may enter and inspect at any time, whether by day or night, any place where a licensed manufacturer manufactures or stores any intoxicant.

What power is provided under Section 51(b) of the Madhya Pradesh Excise Act, 1915?

The authorised officers may enter and inspect any place where intoxicants are kept for sale by a licensed person during the hours when sale is permitted or when the premises are open.

What examination powers are granted under Section 51(c) of the Madhya Pradesh Excise Act, 1915?

The authorised officers may examine accounts and registers and may examine, test, measure or weigh any materials, stills, utensils, implements, apparatus or intoxicants found at the place.

What is the subject matter of Section 52 of the Madhya Pradesh Excise Act, 1915?

Section 52 confers powers on authorised officers to arrest without warrant, seize articles liable to confiscation and conduct searches in relation to offences under the Act.

Which officers are empowered to exercise powers under Section 52(1) of the Madhya Pradesh Excise Act, 1915?

Any Excise Officer, any Police Officer not below the rank prescribed by the State Government, any officer or class of officers of the Revenue Department duly empowered by notification and any other person empowered by notification of the State Government may exercise these powers subject to prescribed restrictions.

What power of arrest is provided under Section 52(1)(a) of the Madhya Pradesh Excise Act, 1915?

The authorised officer may arrest without warrant any person found committing an offence punishable under Sections 23-A, 34, 35, 36, 36-A, 36-B, 36-C, 37, 38-A, 40 or 49-A.

What power of seizure is provided under Section 52(1)(b) of the Madhya Pradesh Excise Act, 1915?

The authorised officer shall seize and detain any intoxicant or other article which he has reason to believe is liable to confiscation under the Act or any other law relating to excise revenue.

What power of search and detention is provided under Section 52(1)(c) of the Madhya Pradesh Excise Act, 1915?

The authorised officer may detain and search any person, vessel, craft, vehicle, animal, package, receptacle or covering if he has reasonable cause to suspect that it contains any article liable to confiscation.

What power is provided under Section 52(2) of the Madhya Pradesh Excise Act, 1915 regarding identity of suspects?

If a person accused or reasonably suspected of committing an offence refuses to give his name and residence or gives a false name or residence, the officer may arrest him to ascertain his true identity.

What is the subject matter of Section 53 of the Madhya Pradesh Excise Act, 1915?

Section 53 empowers a Magistrate to issue warrants.

Under what circumstances can a Magistrate act under Section 53 of the Madhya Pradesh Excise Act, 1915?

A Magistrate may act when, upon receiving information and making such inquiry as he considers necessary, he has reason to believe that an offence under the specified sections of the Act has been, is being or is likely to be committed.

For which offences can a Magistrate issue a warrant under Section 53 of the Madhya Pradesh Excise Act, 1915?

Warrants may be issued for offences under Sections 34, 35, 36, 36-A, 36-B, 36-C, 37, 38, 38-A, 39 or 40 of the Act.

What power is provided under Section 53(a) of the Madhya Pradesh Excise Act, 1915?

The Magistrate may issue a warrant to search any place where he believes intoxicants, stills, utensils, implements, apparatus or materials connected with the commission of the offence are kept or concealed.

What power is provided under Section 53(b) of the Madhya Pradesh Excise Act, 1915?

The Magistrate may issue a warrant for the arrest of any person whom he has reason to believe has been, is or is likely to be involved in committing such offences.

What is the subject matter of Section 54 of the Madhya Pradesh Excise Act, 1915?

Section 54 empowers certain Excise Officers to conduct searches without a warrant when urgent circumstances exist regarding offences under the Act.

Which officer can exercise powers under Section 54 of the Madhya Pradesh Excise Act, 1915?

An Excise Officer not below the rank prescribed by the State Government by notification may exercise these powers.

Under what circumstances can a search without warrant be conducted under Section 54 of the Madhya Pradesh Excise Act, 1915?

A search without warrant may be conducted when the officer has reason to believe that an offence under specified sections of the Act has been, is being or is likely to be committed and obtaining a warrant would give the offender an opportunity to escape or conceal evidence.

What procedural requirement must be fulfilled before exercising powers under Section 54 of the Madhya Pradesh Excise Act, 1915?

The officer must record the grounds of his belief before conducting the search.

For which offences can a search without warrant be conducted under Section 54 of the Madhya Pradesh Excise Act, 1915?

Searches may be conducted for offences under Sections 34, 35, 36, 36-A, 36-B, 36-C, 37, 38, 38-A, 39 or 40.

What power is granted under Section 54(a) of the Madhya Pradesh Excise Act, 1915?

The officer may enter and search any place at any time by day or night and seize any article which he has reason to believe is liable to confiscation under the Act.

What power is granted under Section 54(b) of the Madhya Pradesh Excise Act, 1915?

The officer may detain and search and, if considered necessary, arrest any person found in the place whom he believes to be guilty of such offence.

What is the subject matter of Section 54-A of the Madhya Pradesh Excise Act, 1915?

Section 54-A empowers certain Excise Officers to arrest without warrant persons who obstruct or assault them while performing duties under the Act.

Which officer is authorised to arrest under Section 54-A of the Madhya Pradesh Excise Act, 1915?

An Excise Officer not below the rank specified by the State Government through notification is authorised to arrest under this section.

Under what circumstances can a person be arrested under Section 54-A of the Madhya Pradesh Excise Act, 1915?

A person may be arrested without warrant if he obstructs or assaults the Excise Officer while the officer is executing his duty under the Act.

What provision regarding bail is contained in the proviso to Section 54-A of the Madhya Pradesh Excise Act, 1915?

A person arrested under this section shall be admitted to bail by the arresting officer if sufficient bail is offered for his appearance before a Magistrate or before a Police or Excise Officer, as the case may be.

What is the subject matter of Section 55 of the Madhya Pradesh Excise Act, 1915?

Section 55 confers power of Excise Officers in matters of investigation.

Which Excise Officers can exercise investigative powers under Section 55(1) of the Madhya Pradesh Excise Act, 1915?

Any Excise Officer not below the rank and within the area prescribed by the State Government through notification may exercise such powers.

For which offences can powers under Section 55(1) of the Madhya Pradesh Excise Act, 1915 be exercised?

These powers may be exercised in relation to offences under Sections 34, 35, 36, 36-A, 38-A, 39, 40 and 40-A of the Act.

What powers are granted to Excise Officers under Section 55(1) of the Madhya Pradesh Excise Act, 1915?

They may exercise the powers conferred on an officer-in-charge of a police station under Chapter XII of the Code of Criminal Procedure, 1973 relating to investigation of offences.

What limitation applies to the exercise of investigative powers under the proviso to Section 55(1) of the Madhya Pradesh Excise Act, 1915?

The exercise of such powers is subject to any restrictions or modifications that the State Government may prescribe by rules.

What legal fiction is created under Section 55(2) of the Madhya Pradesh Excise Act, 1915 regarding the area of jurisdiction?

The area for which the Excise Officer is empowered shall be deemed to be a police station for the purposes of Section 156 of the Code of Criminal Procedure.

What status is given to the Excise Officer under Section 55(2) of the Madhya Pradesh Excise Act, 1915?

The Excise Officer shall be deemed to be the officer-in-charge of that police station.

What power is given under Section 55(3) of the Madhya Pradesh Excise Act, 1915 regarding discontinuance of proceedings?

A specially empowered Excise Officer may, without referring to a Magistrate and after recording reasons in writing, stop further proceedings against any person involved or suspected to be involved in an offence under the Act that he has investigated or that has been reported to him.

What is the subject matter of Section 56 of the Madhya Pradesh Excise Act, 1915?

Section 56 provides the procedure for submission of a report by investigating officer.

Under what circumstances does Section 56 of the Madhya Pradesh Excise Act, 1915 apply?

The section applies when an Excise Officer empowered under Section 55(1) completes an investigation and finds sufficient evidence to justify prosecution of the accused.

What duty is imposed on the investigating officer under Section 56 of the Madhya Pradesh Excise Act, 1915?

The investigating officer must submit a report to the Judicial Magistrate unless he decides to stop proceedings under Section 55(3).

To whom must the report be submitted under Section 56 of the Madhya Pradesh Excise Act, 1915?

The report must be submitted to a Judicial Magistrate having jurisdiction to inquire into or try the case.

What legal status is given to the report submitted under Section 56 of the Madhya Pradesh Excise Act, 1915?

The report shall be deemed to be a police report for the purposes of Section 190 of the Code of Criminal Procedure, 1973.

What authority may take cognizance of the offence based on such report under Section 56 of the Madhya Pradesh Excise Act, 1915?

A Judicial Magistrate empowered to take cognizance of offences on police reports may take cognizance based on the report submitted by the Excise Officer.

What does Section 57 of the Madhya Pradesh Excise Act, 1915 deal with?

Section 57 deals with report by Excise Officer regarding arrest, seizure or search.

Who must make a report under Section 57 of the Madhya Pradesh Excise Act, 1915?

Any Excise Officer below the rank of Collector who makes an arrest, seizure or search.

Within what time must the report be made under Section 57 of the Madhya Pradesh Excise Act, 1915?

The report must be made within twenty-four hours.

To whom must the report be made under Section 57 of the Madhya Pradesh Excise Act, 1915?

The report must be made to the officer’s immediate official superior.

What must be done with the arrested person or seized property under Section 57 of the Madhya Pradesh Excise Act, 1915?

They must be taken or sent with convenient dispatch to a Judicial Magistrate for trial or adjudication unless bail is accepted under Section 59.

What is the subject matter of Section 57-A of the Madhya Pradesh Excise Act, 1915?

Section 57-A provides for the custody of articles seized under the Act by the officer in charge of a police station and the procedure for sealing and taking samples of such articles.

What duty is imposed on the officer in charge of a police station under Section 57-A of the Madhya Pradesh Excise Act, 1915?

The officer in charge of the police station must take charge of and keep in safe custody all articles seized under the Act that are delivered to him until orders are passed by a Magistrate or an Excise Officer.

What right is given to Excise Officers under Section 57-A of the Madhya Pradesh Excise Act, 1915 regarding seized articles?

An Excise Officer accompanying the seized articles or deputed by his superior officer may affix his seal to the seized articles kept at the police station.

What additional authority is given to Excise Officers under Section 57-A of the Madhya Pradesh Excise Act, 1915?

The Excise Officer may take samples of and from the seized articles kept in custody at the police station.

What sealing requirement applies to samples taken under Section 57-A of the Madhya Pradesh Excise Act, 1915?

All samples taken from the seized articles must also be sealed with the seal of the officer in charge of the police station.

What is the subject matter of Section 58 of the Madhya Pradesh Excise Act, 1915?

Section 58 provides that the procedures relating to arrests, searches, etc how to be made.

Which law governs procedural aspects under Section 58 of the Madhya Pradesh Excise Act, 1915?

The provisions of the Code of Criminal Procedure, 1973 govern procedural matters such as arrest, detention, search and seizure under this Act.

What procedural matters are covered under Section 58 of the Madhya Pradesh Excise Act, 1915?

The section covers procedures relating to arrest, detention in custody, searches, summons, warrants of arrest, search warrants, production of arrested persons and disposal of seized articles.

How do the provisions of the Code of Criminal Procedure apply under Section 58 of the Madhya Pradesh Excise Act, 1915?

The provisions of the Code of Criminal Procedure apply as far as possible to actions taken under this Act unless otherwise expressly provided in the Act.

What is the subject matter of Section 59 of the Madhya Pradesh Excise Act, 1915?

Section 59 provides provisions relating to bail and security for appearance when a person is arrested without a warrant under the Act.

What is the nature of offences under the Madhya Pradesh Excise Act according to Section 59(1)?

All offences under the Act, except those specified in Section 59-A, are bailable within the meaning of the Code of Criminal Procedure, 1973.

What procedure must be followed when a person is arrested without warrant by an officer not authorised to grant bail under Section 59(2)?

The arrested person must be produced before or forwarded to the nearest Excise Officer authorised to grant bail or the nearest officer-in-charge of a police station, whichever is nearer.

What right does an arrested person have regarding bail under Section 59(3) of the Madhya Pradesh Excise Act, 1915?

If the arrested person is prepared to give bail and is produced before an officer authorised to grant bail, he shall be released on bail or at the discretion of the officer on his own bond.

Which provisions of the Code of Criminal Procedure apply to bail under Section 59(4) of the Madhya Pradesh Excise Act, 1915?

The provisions of Sections 441, 444, 446 and 449 of the Code of Criminal Procedure, 1973 apply, as far as may be, to cases where bail is accepted or a bond is taken under this section.

What is the subject matter of Section 59-A of the Madhya Pradesh Excise Act, 1915?

Section 59-A declares certain offences under the Act to be non-bailable.

What overriding effect is given under Section 59-A of the Madhya Pradesh Excise Act, 1915?

The provision operates notwithstanding anything contained in the Code of Criminal Procedure, 1973 or Section 59 of the Act.

What restriction regarding anticipatory bail is provided under Section 59-A(i) of the Madhya Pradesh Excise Act, 1915?

No court shall entertain an application for anticipatory bail for a person accused of an offence punishable under Section 49-A.

In what other cases is anticipatory bail barred under Section 59-A(i) of the Madhya Pradesh Excise Act, 1915?

Anticipatory bail is also barred for a person who is not a licence holder under the Act or rules and is accused of an offence under Section 34(1)(a) or Section 34(1)(b) involving liquor exceeding fifty bulk litres.

What quantity condition triggers the bar on anticipatory bail under Section 59-A(i) of the Madhya Pradesh Excise Act, 1915?

The bar applies when the quantity of liquor involved at the time of detection of the offence exceeds fifty bulk litres.

What is the subject matter of Section 59-A(ii) of the Madhya Pradesh Excise Act, 1915?

Section 59-A(ii) prescribes special conditions and restrictions for granting bail to persons accused of certain serious offences under the Act.

To whom do the bail restrictions under Section 59-A(ii) of the Madhya Pradesh Excise Act, 1915 apply?

The restrictions apply to persons accused of offences under Section 49-A and to persons who are not licence holders accused of offences under Section 34(1)(a) or Section 34(1)(b) where the quantity of liquor exceeds fifty bulk litres.

What procedural requirement must be satisfied before granting bail under Section 59-A(ii) of the Madhya Pradesh Excise Act, 1915?

The Court must give the Public Prosecutor an opportunity to oppose the application for bail.

What condition must the Court satisfy before granting bail when the Public Prosecutor opposes the application under Section 59-A(ii) of the Madhya Pradesh Excise Act, 1915?

The Court must be satisfied that there are reasonable grounds for believing that the accused is not guilty of the offence and that he is not likely to commit any offence while on bail.

What limitation on detention during investigation is provided in the proviso to Section 59-A(ii) of the Madhya Pradesh Excise Act, 1915?

No Court shall order detention of such person in custody during investigation for a total period exceeding sixty days in cases relating to offences under Section 34(1)(a) or (b) involving liquor exceeding fifty bulk litres.

What right to bail arises if the investigation is not completed within the prescribed period under the proviso to Section 59-A(ii) of the Madhya Pradesh Excise Act, 1915?

If the report or complaint is not filed within sixty days or one hundred twenty days, as applicable, the accused shall be released on furnishing bail.

What is the subject matter of Section 59-A(iii) of the Madhya Pradesh Excise Act, 1915?

Section 59-A(iii) clarifies that the restrictions on granting bail under this section operate in addition to the general bail provisions under other laws.

What is the legal effect of the bail limitations under Section 59-A(iii) of the Madhya Pradesh Excise Act, 1915?

The limitations for granting bail specified in clause (ii) are additional to the limitations already provided under the Code of Criminal Procedure, 1973 or any other law in force.

Do the bail restrictions under Section 59-A of the Madhya Pradesh Excise Act, 1915 replace the provisions of the Code of Criminal Procedure?

No, the restrictions under Section 59-A operate in addition to and not in substitution of the bail provisions contained in the Code of Criminal Procedure, 1973 or other applicable laws.

60. Omitted

What is the subject matter of Section 61 of the Madhya Pradesh Excise Act, 1915?

Section 61 provides limitations on prosecution.

What restriction is imposed under Section 61(1) of the Madhya Pradesh Excise Act, 1915 regarding cognizance of offences?

A Court shall not take cognizance of certain offences under the Act except on a complaint or report made by specified authorities.

Who can initiate prosecution for offences under Sections 37, 38, 38-A and 39 according to Section 61(1)(a) of the Madhya Pradesh Excise Act, 1915?

Cognizance of such offences can be taken only on a complaint or report made by the Collector or by an Excise Officer not below the rank of District Excise Officer authorised by the Collector.

Who can initiate prosecution for offences under other sections of the Act according to Section 61(1)(b) of the Madhya Pradesh Excise Act, 1915?

Cognizance of offences under other sections of the Act, except Section 49, can be taken only on the complaint or report of an Excise Officer or a Police Officer.

What limitation period for prosecution is provided under Section 61(2) of the Madhya Pradesh Excise Act, 1915?

A Judicial Magistrate shall not take cognizance of an offence unless prosecution is instituted within six months from the date on which the offence is alleged to have been committed.

What exception to the limitation period is provided under Section 61(2) of the Madhya Pradesh Excise Act, 1915?

The limitation of six months does not apply if the prosecution is instituted with the special sanction of the State Government.

What is the subject matter of Section 61-A of the Madhya Pradesh Excise Act, 1915?

Section 61-A empowers certain Magistrates to tender pardon to an accused person who agrees to become an approver.

Under what circumstances can a pardon be tendered under Section 61-A of the Madhya Pradesh Excise Act, 1915?

A pardon may be tendered when two or more persons are prosecuted for an offence under the Act.

Which Magistrates are authorised to tender pardon under Section 61-A of the Madhya Pradesh Excise Act, 1915?

The Chief Judicial Magistrate or any Magistrate of the first class who is inquiring into or trying the offence may tender the pardon.

What condition must be fulfilled by the accused person to receive pardon under Section 61-A of the Madhya Pradesh Excise Act, 1915?

The accused must make a full and true disclosure of all facts connected with the offence.

What procedural requirement must the Magistrate follow when tendering pardon under Section 61-A of the Madhya Pradesh Excise Act, 1915?

The Magistrate must record in writing the reasons for tendering the pardon.

CHAPTER-VIII-A

SPECIAL PROVISIONS FOR SCHEDULED AREAS

What is the subject matter of Section 61-B of the Madhya Pradesh Excise Act, 1915?

Section 61-B provides definitions of certain expressions used in the Chapter relating to special provisions for Scheduled Areas.

What is meant by “Scheduled Areas” under Section 61-B(a) of the Madhya Pradesh Excise Act, 1915?

“Scheduled Areas” means the areas referred to as Scheduled Areas under clause (1) of Article 244 of the Constitution of India.

What is the meaning of “Gram Panchayat” and “Gram Sabha” under Section 61-B(b) of the Madhya Pradesh Excise Act, 1915?

“Gram Panchayat” and “Gram Sabha” have the same meanings as assigned to them under the Madhya Pradesh Panchayat Raj Adhiniyam, 1993 (No. 1 of 1994).

What is meant by “Scheduled Tribes” under Section 61-B(c) of the Madhya Pradesh Excise Act, 1915?

“Scheduled Tribes” means any tribe, tribal community, or part or group within such tribe or community specified as Scheduled Tribes for the State of Madhya Pradesh under Article 342 of the Constitution of India.

What is the subject matter of Section 61-C of the Madhya Pradesh Excise Act, 1915?

Section 61-C specifies the applicability and overriding effect of the provisions contained in this Chapter relating to Scheduled Areas.

Where do the provisions of this Chapter apply according to Section 61-C of the Madhya Pradesh Excise Act, 1915?

The provisions of this Chapter apply to the Scheduled Areas.

What happens in case of inconsistency between this Chapter and other provisions of the Act under Section 61-C of the Madhya Pradesh Excise Act, 1915?

If there is anything repugnant in the Act, the provisions of this Chapter shall prevail over the other provisions of the Act.

What is the subject matter of Section 61-D of the Madhya Pradesh Excise Act, 1915?

Section 61-D provides exemption to members of Scheduled Tribes in Scheduled Areas from certain provisions of the Act.

Which provisions of the Act do not apply to Scheduled Tribes in Scheduled Areas under Section 61-D(1) of the Madhya Pradesh Excise Act, 1915?

The provisions relating to manufacture of country spirit by distillation, its possession and its consumption do not apply to members of Scheduled Tribes in Scheduled Areas.

Under what condition may members of Scheduled Tribes manufacture country spirit under Section 61-D(2)(i) of the Madhya Pradesh Excise Act, 1915?

Members of Scheduled Tribes may manufacture country spirit by distillation only for domestic consumption and for consumption during social and religious functions within the Scheduled Areas.

Can the country spirit manufactured by Scheduled Tribes be sold under Section 61-D(2)(ii) of the Madhya Pradesh Excise Act, 1915?

No, the country spirit manufactured by members of Scheduled Tribes under this provision shall not be sold.

What is the permissible individual possession limit of country spirit under Section 61-D(2)(iii) of the Madhya Pradesh Excise Act, 1915?

The maximum possession limit is 4.5 litres per individual.

What is the normal household possession limit of country spirit under Section 61-D(2)(iii) of the Madhya Pradesh Excise Act, 1915?

The maximum possession limit is 15 litres per household.

What is the enhanced household possession limit for special occasions under Section 61-D(2)(iii) of the Madhya Pradesh Excise Act, 1915?

In special circumstances such as social or religious functions, the possession limit may extend to 45 litres per household.

What power is given to the Gram Sabha regarding possession limits under Section 61-D of the Madhya Pradesh Excise Act, 1915?

The Gram Sabha may reduce the prescribed limit of possession of country spirit.

What is meant by “household” under the explanation to Section 61-D of the Madhya Pradesh Excise Act, 1915?

A household means a group of persons residing and messing jointly as members of one domestic unit.

What is the subject matter of Section 61-E of the Madhya Pradesh Excise Act, 1915?

Section 61-E confers powers on the Gram Sabha to regulate or prohibit the manufacture, possession, transport, sale and consumption of intoxicants.

What regulatory power is granted to the Gram Sabha under Section 61-E(1) of the Madhya Pradesh Excise Act, 1915?

The Gram Sabha has the authority to regulate and prohibit the manufacture, possession, transport, sale and consumption of intoxicants within its territorial jurisdiction.

What limitation is placed on the prohibition order of the Gram Sabha under the proviso to Section 61-E(1) of the Madhya Pradesh Excise Act, 1915?

An order of prohibition passed by the Gram Sabha shall not apply to a manufactory engaged in manufacturing intoxicants that was established before the provisions of this Chapter came into force.

What restriction is placed on the State Government regarding new manufactories under Section 61-E(2) of the Madhya Pradesh Excise Act, 1915?

The State Government cannot establish any new manufactory for manufacturing intoxicants within the jurisdiction of the Gram Sabha without its consent or permission.

What restriction is placed on opening new liquor outlets under Section 61-E(2) of the Madhya Pradesh Excise Act, 1915?

No new outlets for the sale of intoxicants can be opened in the area of a Gram Sabha without its consent or permission.

What is the effect of prohibition by the Gram Sabha under Section 61-E(3)(a) of the Madhya Pradesh Excise Act, 1915?

If the Gram Sabha prohibits intoxicants in its area, no new manufactory for intoxicants can be established within its jurisdiction.

What happens to existing liquor outlets when prohibition is imposed by the Gram Sabha under Section 61-E(3)(b) of the Madhya Pradesh Excise Act, 1915?

Existing outlets for sale of intoxicants must be closed with effect from the first day of the next financial year following the issue of the prohibition order.

What is the consequence for individuals after prohibition by the Gram Sabha under Section 61-E(3)(c) of the Madhya Pradesh Excise Act, 1915?

No person shall manufacture, possess, transport, sell or consume any intoxicant within the area of the Gram Sabha.

What is the subject matter of Section 61-F of the Madhya Pradesh Excise Act, 1915?

Section 61-F provides for the enforcement of decisions and orders passed by the Gram Sabha.

Who is responsible for implementing the decisions of the Gram Sabha under Section 61-F of the Madhya Pradesh Excise Act, 1915?

The Gram Panchayat of the concerned area is responsible for giving effect to the decisions taken and orders passed by the Gram Sabha under this Chapter.

What should the Gram Panchayat do if enforcement assistance is required under Section 61-F of the Madhya Pradesh Excise Act, 1915?

If assistance from a State Government enforcement agency is required, the Gram Panchayat must approach the Sub-Divisional Magistrate of the area or an officer authorised by him.

What is the duty of the Sub-Divisional Magistrate or authorised officer under Section 61-F of the Madhya Pradesh Excise Act, 1915?

The Sub-Divisional Magistrate or the authorised officer must take necessary action to provide the assistance required for enforcing the decisions of the Gram Sabha.

CHAPTER-IX

MISCELLANEOUS

What is the subject matter of Section 62 of the Madhya Pradesh Excise Act, 1915?

Section 62 empowers the State Government to make rules for carrying out the purposes and provisions of the Act.

What general rule-making power is granted under Section 62(1) of the Madhya Pradesh Excise Act, 1915?

The State Government may make rules for the purpose of carrying out the provisions of the Act.

What specific authority is given under Section 62(2) of the Madhya Pradesh Excise Act, 1915?

The State Government may make detailed rules on various matters connected with the administration and regulation of excise under the Act.

What can the State Government prescribe regarding Excise Officers under Section 62(2)(a) of the Madhya Pradesh Excise Act, 1915?

The State Government may prescribe the powers and duties of Excise Officers.

What may be regulated regarding delegation of powers under Section 62(2)(b) of the Madhya Pradesh Excise Act, 1915?

Rules may regulate the delegation of powers or duties by the Chief Revenue Authority, the Excise Commissioner or Collectors under Section 7(g).

What appellate provisions may be prescribed under Section 62(2)(c) of the Madhya Pradesh Excise Act, 1915?

Rules may declare in which cases appeals shall lie from orders under the Act, specify the authorities for appeal or revision, and prescribe the time, manner and procedure for dealing with appeals and revisions.

What regulatory matters regarding intoxicants may be covered under Section 62(2)(d) of the Madhya Pradesh Excise Act, 1915?

Rules may regulate the import, export, transport, manufacture, collection, possession, supply or storage of intoxicants and the cultivation of the hemp plant.

What matters relating to tari-producing trees may be regulated under Section 62(2)(d)(i) of the Madhya Pradesh Excise Act, 1915?

Rules may regulate tapping of tari-producing trees, drawing of tari, marking of such trees and maintenance of those marks.

What matters relating to denatured spirit may be prescribed under Section 62(2)(d)(ii) of the Madhya Pradesh Excise Act, 1915?

Rules may declare the process by which spirit shall be denatured and the method of verifying the denaturation of spirit.

What supervisory role may the Government exercise regarding denaturing of spirit under Section 62(2)(d)(iii) of the Madhya Pradesh Excise Act, 1915?

Rules may provide that spirit shall be denatured through the agency or under the supervision of Government officers.

What regulatory power exists regarding Mahua flowers under Section 62(2)(d-1) of the Madhya Pradesh Excise Act, 1915?

The State Government may regulate the import, export, transport, collection, possession, supply, storage or sale of Mahua flowers and prescribe licences or permits for such activities.

What licensing matters may be regulated under Section 62(2)(e) of the Madhya Pradesh Excise Act, 1915?

Rules may regulate the periods and localities for which licences for wholesale or retail vend of intoxicants may be granted, the persons or classes of persons eligible for such licences and the number of licences allowed in any local area.

What additional rule-making powers are provided under Section 62(2) of the Madhya Pradesh Excise Act, 1915?

Section 62(2) further authorises the State Government to frame rules regarding procedure for grant of licences, payment of duties or fees, and regulation of licences, permits and passes.

What procedure regarding grant of licences may be prescribed under Section 62(2)(f) of the Madhya Pradesh Excise Act, 1915?

The State Government may prescribe the procedure to be followed and the matters to be ascertained before granting any licence for vend of intoxicants in a locality.

What financial matters may be regulated under Section 62(2)(g) of the Madhya Pradesh Excise Act, 1915?

Rules may regulate the amount, time, place and manner of payment of any duty, fee, tax or penalty under the Act.

What authority and conditions regarding licences, permits or passes may be prescribed under Section 62(2)(h) of the Madhya Pradesh Excise Act, 1915?

The State Government may prescribe the authority competent to grant licences, permits or passes and determine their form, terms and conditions.

What may be prescribed regarding the duration of licences, permits or passes under Section 62(2)(h)(i) of the Madhya Pradesh Excise Act, 1915?

Rules may fix the period for which a licence, permit or pass shall remain in force.

What provisions may be made regarding fees under Section 62(2)(h)(ii) of the Madhya Pradesh Excise Act, 1915?

Rules may prescribe the scale of fees or the manner of determining the fees payable for licences, permits or passes.

What requirement regarding security deposit may be prescribed under Section 62(2)(h)(iii) of the Madhya Pradesh Excise Act, 1915?

Rules may prescribe the amount of security to be deposited by holders of licences, permits or passes to ensure compliance with their conditions.

What accounting obligations may be imposed under Section 62(2)(h)(iv) of the Madhya Pradesh Excise Act, 1915?

Rules may prescribe the accounts that licence holders must maintain and the returns they must submit.

What restrictions regarding licences may be prescribed under Section 62(2)(h)(v) of the Madhya Pradesh Excise Act, 1915?

Rules may prohibit or regulate partnerships in licences or the transfer of licences.

What additional rule-making matters are provided under Section 62(2)(i) of the Madhya Pradesh Excise Act, 1915?

The State Government may prescribe measures for ascertaining local public opinion and the powers of the District Planning Committee under Section 3(1) of the Madhya Pradesh Zila Yojana Samiti Adhiniyam, 1995 regarding advice on opening, closing or shifting retail intoxicant shops.

What provision regarding unfit intoxicants may be made under Section 62(2)(j) of the Madhya Pradesh Excise Act, 1915?

Rules may provide for the destruction or other disposal of any intoxicant deemed unfit for use.

What may be regulated under Section 62(2)(k) of the Madhya Pradesh Excise Act, 1915?

The State Government may make rules regulating the disposal of articles confiscated under the Act.

What provisions relating to witnesses and accused persons may be framed under Section 62(2)(l) of the Madhya Pradesh Excise Act, 1915?

Rules may regulate the grant of expenses to witnesses and compensation to persons charged with offences under the Act who are later released, discharged or acquitted.

What procedural power regarding summoning witnesses may be regulated under Section 62(2)(m) of the Madhya Pradesh Excise Act, 1915?

Rules may regulate the powers of Excise Officers to summon witnesses from a distance.

What reward-related provisions may be framed under Section 62(2)(n) of the Madhya Pradesh Excise Act, 1915?

Rules may regulate the payment of rewards to officers, informers and other persons from the proceeds of fines and confiscations under the Act.

What condition applies to rule-making under Section 62(3) of the Madhya Pradesh Excise Act, 1915?

Rules made under Section 62(2)(a), (b), (c), (e), (f), (i), (l) and (m) must be made after previous publication.

What exception to previous publication is provided under the proviso to Section 62(3) of the Madhya Pradesh Excise Act, 1915?

The State Government may make such rules without previous publication if it considers that they should be brought into force immediately.

What is the subject matter of Section 63 of the Madhya Pradesh Excise Act, 1915?

Section 63 provides for the publication and commencement of rules and notifications made under the Act.

Where must rules and notifications made under the Madhya Pradesh Excise Act, 1915 be published according to Section 63?

All rules and notifications made under the Act must be published in the Official Gazette.

When do rules and notifications take effect under Section 63 of the Madhya Pradesh Excise Act, 1915?

Rules and notifications take effect from the date of their publication in the Official Gazette or from such other date as may be specified therein.

What is the subject matter of Section 64 of the Madhya Pradesh Excise Act, 1915?

Section 64 provides for the recovery of Government dues.

What categories of money are recoverable under Section 64(1) of the Madhya Pradesh Excise Act, 1915?

Recoverable amounts include all excise revenue, any loss incurred by the Government when a grant is taken under management or resold due to default, and all amounts due under contracts relating to excise revenue including breach of bond conditions.

What does Section 64(1)(a) of the Madhya Pradesh Excise Act, 1915 specify regarding recovery?

All excise revenue due to the Government may be recovered under this provision.

What loss can be recovered under Section 64(1)(b) of the Madhya Pradesh Excise Act, 1915?

Any loss incurred when a grant is taken under management by the Collector or resold due to default can be recovered.

What contractual liabilities are recoverable under Section 64(1)(c) of the Madhya Pradesh Excise Act, 1915?

All amounts due to the Government under contracts relating to excise revenue and amounts payable due to breach of bond conditions may be recovered notwithstanding Section 74 of the Indian Contract Act, 1872.

From whom may the Government recover dues under Section 64(1) of the Madhya Pradesh Excise Act, 1915?

The dues may be recovered from the person primarily liable or from his surety.

What methods of recovery are authorised under Section 64(1) of the Madhya Pradesh Excise Act, 1915?

Recovery may be made by distress and sale of movable property or by any other process used for recovery of land revenue from landholders or farmers and their sureties.

What additional recovery power is granted to the Collector under Section 64(2) of the Madhya Pradesh Excise Act, 1915?

Where a grant has been taken under management or resold, the Collector may recover any money due to the defaulter from any lessee or assignee using the same recovery methods.

What is the subject matter of Section 65 of the Madhya Pradesh Excise Act, 1915?

Section 65 provides for government lien on property of defaulters.

What circumstance triggers Government action under Section 65 of the Madhya Pradesh Excise Act, 1915?

Action arises when a person licensed or holding a lease under the Act commits default in payment of excise revenue or causes loss to the Government.

What properties of a defaulter may be attached under Section 65 of the Madhya Pradesh Excise Act, 1915?

The distillery, brewery, warehouse or shop, along with buildings, fittings, apparatus and stocks of intoxicants or materials used for manufacturing them located on such premises may be attached.

For what purpose may the property be attached under Section 65 of the Madhya Pradesh Excise Act, 1915?

The property may be attached to satisfy any claim for excise revenue or losses incurred by the Government due to the default.

What may happen to the attached property under Section 65 of the Madhya Pradesh Excise Act, 1915?

The attached property may be sold to satisfy the Government’s claim.

What priority does the Government claim have under Section 65 of the Madhya Pradesh Excise Act, 1915?

The Government’s claim shall constitute a first charge on the sale proceeds of the attached property.

What is the subject matter of Section 66 of the Madhya Pradesh Excise Act, 1915?

Section 66 empowers the State Government to grant exemptions from the provisions of the Act or the rules made under it.

What power is granted to the State Government under Section 66 of the Madhya Pradesh Excise Act, 1915?

The State Government may exempt any person, class of persons or intoxicant from the operation of the provisions of the Act or the rules made thereunder.

How may the exemption be granted under Section 66 of the Madhya Pradesh Excise Act, 1915?

The exemption may be granted wholly or partly and subject to such conditions as the State Government may prescribe.

In what manner must the exemption under Section 66 of the Madhya Pradesh Excise Act, 1915 be issued?

The exemption must be issued by a notification.

What is the territorial scope of exemption under Section 66 of the Madhya Pradesh Excise Act, 1915?

The exemption may apply throughout the State or to any specified area within the State.

What is the temporal scope of exemption under Section 66 of the Madhya Pradesh Excise Act, 1915?

The exemption may be granted for a specified period or for a particular occasion.

What is the subject matter of Section 67 of the Madhya Pradesh Excise Act, 1915?

Section 67 provides legal protection to persons for acts done in good faith under the Act.

What type of legal protection is granted under Section 67 of the Madhya Pradesh Excise Act, 1915?

No suit, prosecution or other legal proceeding shall lie against any person for actions done or intended to be done in good faith under the Act.

What condition must be satisfied for protection under Section 67 of the Madhya Pradesh Excise Act, 1915?

The act must have been done or intended to be done in good faith under the provisions of the Act.

What is the subject matter of Section 68 of the Madhya Pradesh Excise Act, 1915?

Section 68 prescribes a limitation period for filing suits against the Government or certain officers for acts done under the Act.

Against whom does the limitation under Section 68 of the Madhya Pradesh Excise Act, 1915 apply?

The limitation applies to suits filed against the Government or against any Excise Officer, Police Officer or Land Revenue Officer.

In respect of what acts does Section 68 of the Madhya Pradesh Excise Act, 1915 impose limitation on suits?

The limitation applies to suits relating to anything done or alleged to have been done in pursuance of the Act.

What is the limitation period for filing suits under Section 68 of the Madhya Pradesh Excise Act, 1915?

A suit must be instituted within six months from the date of the act complained of.

What is the subject matter of Section 69 of the Madhya Pradesh Excise Act, 1915?

Section 69 provides for the repeal of certain earlier enactments specified in the Schedule to the Act.

What legislative action is taken under Section 69 of the Madhya Pradesh Excise Act, 1915?

The enactments listed in the Schedule to the Act are repealed.

To what extent are the enactments repealed under Section 69 of the Madhya Pradesh Excise Act, 1915?

The enactments are repealed only to the extent specified in the fourth column of the Schedule