Sec 15 to 26 Chapter III (Production, Manufacture, Possession, Import, Export, Transport, Purchase or Sale)

15. Prohibition of manufacture of liquor except under this Act.-

(1) No person shall,-

(a) manufacture or produce any liquor ,or

(b) construct or work a distillery, brewery, winery or a warehouse (wherein any liquor may be deposited and kept without payment of excise duty or countervailing duty), or

(c) bottle any liquor , or

(d)  use, keep or have in his possession, any materials, still, utensils, implement or apparatus whatsoever for the purpose of manufacturing or producing any liquor, except under the authority, and subject to the terms and conditions as may be prescribed, in this behalf, by the Financial Commissioner.

(2) The State Government may, by notification, prohibit the use of distilled liquor of any description in the manufacture of any kind or class of liquor.

16. Establishment or licensing of distilleries, breweries winery or warehouse.-

The Financial Commissioner, subject to such restrictions or conditions as the State Government may impose, may-

(a) establish a distillery in which spirit may be manufactured under a license granted under section 15;

(b) discontinue any distillery so established;

(c) license the construction and working of a distillery or brewery or a winery;

(d) establish and license a warehouse wherein any liquor may be deposited and kept without payment of duty;

(e) discontinue any warehouse so established; and

(f) make rules regarding-

(1) grant of licenses for distilleries, stills, breweries or wineries;

(2) the security to be deposited by the licensee of a distillery, brewery or winery;(3) the period for which the license shall be granted; 

(4) the inspection and examination of such distillery, brewery or winery and the warehouses connected therewith and of the spirit or fermented liquor made and stored therein;

(5) the management and working of the distillery, brewery or winery;

(6) the form of accounts to be maintained and the returns to be submitted by the licensee;

(7) the upkeep of buildings and plant;

(8) the size and description of stills, and other plant;

(9) the manufacturing, storing and passing out of spirit or fermented liquor and the contents of passes;

(10) the prices to be charged by the licensee; and

(11) any other matters connected with the working of distilleries, breweries or wineries.

17. Prohibition of removal of liquor manufactured or stored in a distillery, brewery or warehouse etc.-

No liquor manufactured or stored in any distillery, brewery, winery or warehouse or any other place of storage established or licensed under this Act shall be removed therefrom unless the excise duty or, as the case may be, the countervailing duty, if any, levied and payable under section 36 has been paid or a bond, as prescribed, has been executed for payment thereof.

PART-B

POSSESSION

18. Prohibition of possession of liquor.-

(1) No person shall have in his possession any quantity of liquor in excess of such quantity as the State Government has under section 25, declared to be the limit of retail sale, except under the authority and in accordance with the terms and conditions of-

(a) a license for the manufacture, storage, sale or supply of such article, or

(b) a permit or a pass granted by the Collector in that behalf:

Provided that nothing contained in this sub-section shall apply to any liquor in the possession of a common carrier or an Excise Officer or a Police Officer or other official or person who has its lawful custody under this Act.

(2) A licensed vendor shall not have in his possession at any place, other than that authorized by his license, any quantity of any liquor in excess of such quantity as the State Government has, under section 25, declared to be the limit of sale by retail, except under a permit granted by the Collector in that behalf.

(3) Notwithstanding anything contained in sub-sections (1) and (2), the State Governmentmay, by notification, prohibit the possession of any liquor or restrict such possession by such conditions as it may impose.

19. Possession of unused and printed labels, corks, etc. by certain person to be punishable.-

No person shall have in his possession any unused and printed label, cork, capsule or seal duly approved by any authority under this Act or under any rule or order made thereunder for use by a person licensed to establish or work a distillery or brewery, winery or warehouse or to bottle liquor, or any other label, cork capsule, or seal which is an imitation of such unused and printed label, cork, capsule, or seal, as the case may be: Provided that nothing therein shall apply to-

(a) a person licensed to establish or work a distillery, brewery, winery or warehouse or to bottle liquor; or

(b) a person who, in execution or an order received from a person specified in clause (a), manufactures or prints any such label, cork, capsule or seal.

20. Prohibition of possession of liquor un-lawfully manufactured, imported, transported etc.-

No person shall have in his possession any quantity of any liquor, knowing the same to have been unlawfully manufactured, imported, transported, or knowing that the prescribed excise duty, countervailing duty or other fee not to have been paid thereon. 

PART-C

IMPORT, EXPORT AND TRANSPORT

21. Prohibition of import, export or transport of liquor.-

No liquor shall be imported, exported or transported except,-

(a) after payment of any excise duty or fee or countervailing duty, if any, to which it may be liable under this Act, or on execution of a bond, as prescribed, for such payment, and

(b) in accordance with such conditions as the State Government may impose.

22. Power of the State Government to prohibit or permit import, export or transport of liquor.-

(1) The State Government may, by notification, prohibit,-

(a) the import or export of any liquor into or from the State or any part thereof, or

(b) the transport of any liquor.

(2) Save as otherwise provided by any rule made under this Act, no liquor exceeding such quantity, as the State Government may prescribe, shall be imported, exported or transported except under the authority of a pass granted by the Collector:

Provided that on such conditions as the Financial Commissioner, may prescribe, a pass granted under the excise law in force in another State may be deemed to be a pass granted under this Act. 

PART-D

SALE etc.

23. Prohibition of sale etc. of liquor.-

(1) No liquor shall be sold except under the authority and subject to the terms and conditions of a license granted, in this behalf, by the Financial Commissioner or Collector, as the case may be.

(2) No liquor shall be sold from a place other than the place specified in the license granted under sub-section (1).

(3) No person shall allow consumption of liquor at any public place, except under the authority of a license granted under sub-section (1).

(4) Nothing in this section applies to the sale of any foreign liquor lawfully procured by any person for his private use and sold by him or on his behalf or on behalf of his representatives in interest upon his quitting a station or after his demise.

24. Prohibition of sale etc. of adulterate liquor.-

No licensed vendor and no person in the employ of such vendor or acting on his behalf shall adulterate any liquor, which the vendor is licensed to sell, by adding any substance in such a manner as to vary the prescribed strength or the quality of such liquor and no such vendor or person shall possess, store, sell or expose for sale, any such adulterated liquor.

25. Power of the State Government to declare limit of sale of liquor by retail and by whole sale.-

The State Government may, by notification, declare with respect either to whole of State or to any local area comprised therein, and as regards purchasers generally or any specified class of purchasers, and generally or for any specified occasion, the maximum or minimum quantity or both of any liquor, which for the purpose of this Act may be sold by retail sale and by whole sale.

26. Prohibition of sale to minor or his employment.-

(1) If any license holder or any person acting on his behalf sells or delivers any liquor to any person apparently under the age of 18 years, he shall be punishable with fine which may extend to ten thousand rupees but shall not be less than two thousand rupees.

(2) If a license holder or any person acting on his behalf employs, in a liquor Vend or Bar or any other place where liquor or other intoxicants are sold or stored or served, any person under the age of 18 years, he shall be punishable with imprisonment for a term which may extend to three months and with fine which may extend to fifty thousand rupees or with both.