Bihar Prohibition and Excise Rules, 2021

Preamble

What do the Bihar Prohibition and Excise Rules, 2021 provide for?

The Rules provide for implementation and regulation of provisions under the Bihar Prohibition and Excise Act, 2016.

Under which provision are the Bihar Prohibition and Excise Rules, 2021 made?

They are made in exercise of the powers conferred under Section 95 of the Bihar Prohibition and Excise Act, 2016.

Which authority issued the Bihar Prohibition and Excise Rules, 2021?

The Government of Bihar, Prohibition, Excise and Registration Department.

In which form were the Bihar Prohibition and Excise Rules, 2021 issued?

They were issued through a notification of the Government of Bihar.

Chapter-1

Preliminary Definitions

What does Rule 1 of the Bihar Prohibition and Excise Rules, 2021 provide for?

Rule 1 provides for the short title, extent and commencement of the Rules.

What is the short title of the Rules under Rule 1(1) of the Bihar Prohibition and Excise Rules, 2021?

These rules may be called "The Bihar Prohibition and Excise Rules, 2021".

To what area do the Bihar Prohibition and Excise Rules, 2021 extend under Rule 1(2)?

They extend to the whole of the State of Bihar.

When do the Bihar Prohibition and Excise Rules, 2021 come into force under Rule 1(3)?

They come into force on the day of their publication in the official gazette.

What does Rule 2 of the Bihar Prohibition and Excise Rules, 2021 provide for?

Rule 2 provides for definitions used in the Rules.

What is meant by “The Act” under Rule 2(1) of the Bihar Prohibition and Excise Rules, 2021?

“The Act” means the Bihar Prohibition and Excise Act, 2016 (Act 20 of 2016) as amended from time to time.

What is meant by “Agency or Agent” under Rule 2(2) of the Bihar Prohibition and Excise Rules, 2021?

An individual, firm or government institution selected by the State Government for procurement of Excise Hologram, Adhesive labels or GPS enabled digital lock.

What is meant by “Bulk litre” under Rule 2(3) of the Bihar Prohibition and Excise Rules, 2021?

A litre with reference to the bulk or quantity of the contents.

Who is a “Chemical Examiner” under Rule 2(4) of the Bihar Prohibition and Excise Rules, 2021?

An officer appointed by the Government as Chemical Examiner to specified laboratories including Excise Chemical Laboratory, Forensic Science Laboratory, Central Revenue Control Laboratory or Central Forensic Science Laboratory and includes deputy chemical examiners or other approved laboratories.

What is meant by “Department” under Rule 2(5) of the Bihar Prohibition and Excise Rules, 2021?

The Department of Prohibition, Excise and Registration, Government of Bihar.

What is meant by “Form” under Rule 2(6) of the Bihar Prohibition and Excise Rules, 2021?

Form prescribed under these rules.

What is meant by “New Excise Policy” under Rule 2(7) of the Bihar Prohibition and Excise Rules, 2021?

The policy framed by the State Government and published vide Gazette Notification No. 3893 dated 21-12-2015.

What is meant by “Person” under Rule 2(8) of the Bihar Prohibition and Excise Rules, 2021?

It includes an individual, Hindu undivided family, partnership firm, cooperative society and a company incorporated under the Companies Act, 1956.

What is meant by “Section” under Rule 2(9) of the Bihar Prohibition and Excise Rules, 2021?

Section of the Act.

What is meant by “Year” under Rule 2(10) of the Bihar Prohibition and Excise Rules, 2021?

The year beginning from 1st April and ending on 31st March of the subsequent year.

Chapter-2

Regulation of Manufactories

What does Rule 3 of the Bihar Prohibition and Excise Rules, 2021 provide for?

Rule 3 provides for regulation of manufactories of industrial alcohol.

What duty is imposed on manufacturers under Rule 3(1) of the Bihar Prohibition and Excise Rules, 2021?

They must obey the regulations and directives issued by the State Government in furtherance of the New Excise Policy and complete prohibition.

What environmental requirement is imposed under Rule 3(2) of the Bihar Prohibition and Excise Rules, 2021?

Manufactories must observe all guidelines of the State Pollution Control Board.

What restriction is placed on alteration of plant or machinery under Rule 3(3) of the Bihar Prohibition and Excise Rules, 2021?

No manufactory may alter the plant or add or remove permanent apparatus, plant or machinery without prior approval of the Excise Commissioner.

Through whom must the application for alteration be routed under Rule 3(3) of the Bihar Prohibition and Excise Rules, 2021?

Through the Collector.

In which form must application for alteration be made under Rule 3(3) of the Bihar Prohibition and Excise Rules, 2021?

Form EL-1A.

In which form is permission issued by the Collector for alteration under Rule 3(3) of the Bihar Prohibition and Excise Rules, 2021?

Form EL-1B after approval of the Excise Commissioner.

What is done with the approved alteration under Rule 3(3) of the Bihar Prohibition and Excise Rules, 2021?

The approved alteration is entered into the map of the manufactory.

What notice must be given before commencing operations under Rule 3(4) of the Bihar Prohibition and Excise Rules, 2021?

The proprietor must give 15 days prior written notice to the Collector before commencing operations.

What notice must be given before closure of operations under Rule 3(4) of the Bihar Prohibition and Excise Rules, 2021?

The proprietor must give at least one month prior notice to the Collector before closure.

What does Rule 4 of the Bihar Prohibition and Excise Rules, 2021 provide for?

Rule 4 provides for grant of permits and passes for export, transportation and transit of industrial alcohol and intoxicants manufactured within the State of Bihar.

How is export permit issued under Rule 4(i) of the Bihar Prohibition and Excise Rules, 2021?

An export permit may be issued after the manufacturer produces a valid import permit to the Excise Commissioner along with an application in Form EL-2A.

In which form is export permit issued under Rule 4(i) of the Bihar Prohibition and Excise Rules, 2021?

In Form EL-2B.

What is the validity of export permit under Rule 4(i) of the Bihar Prohibition and Excise Rules, 2021?

It is valid for a period up to one month.

Who issues the movement pass under Rule 4(ii) of the Bihar Prohibition and Excise Rules, 2021?

The Excise Officer deputed at the manufacturing unit.

When is the movement pass issued under Rule 4(ii) of the Bihar Prohibition and Excise Rules, 2021?

On the date of movement authorizing transportation from the manufacturing point to the destination.

What is the validity of the movement pass under Rule 4(ii) of the Bihar Prohibition and Excise Rules, 2021?

It remains valid for the remaining period of the export permit.

What condition is imposed for transportation under Rule 4(iii) of the Bihar Prohibition and Excise Rules, 2021?

Industrial alcohol must be transported only in a GPS-enabled digitally locked vehicle.

Is any fee charged for issuance of movement pass under Rule 4(iv) of the Bihar Prohibition and Excise Rules, 2021?

No fee is charged for issuance of movement pass.

Who has the power to modify the procedure under Rule 4(v) of the Bihar Prohibition and Excise Rules, 2021?

The Excise Commissioner with approval of the Department.

What does Rule 5 of the Bihar Prohibition and Excise Rules, 2021 provide for?

Rule 5 provides for the power to amend forms, formats and related documents under the Rules.

Who has the power to amend forms and formats under Rule 5 of the Bihar Prohibition and Excise Rules, 2021?

The Excise Commissioner with approval of the Department.

What changes can be made by the Excise Commissioner under Rule 5 of the Bihar Prohibition and Excise Rules, 2021?

The Excise Commissioner may prescribe, change, amend or delete any form or format.

For what purpose may such changes be made under Rule 5 of the Bihar Prohibition and Excise Rules, 2021?

To make the Prohibition and Excise regime online or for any other purpose.

Chapter-3

Grain Based Distilleries

What does Rule 6 of the Bihar Prohibition and Excise Rules, 2021 provide for?

Rule 6 provides for conditions to be followed by grain based distilleries producing ENA or Ethanol.

What restriction is imposed on manufacturer companies under Rule 6(i) of the Bihar Prohibition and Excise Rules, 2021?

The manufacturer company or distillery shall not act in any manner prejudicial to the Government’s prohibition policy.

What restriction regarding potable alcohol is imposed under Rule 6(ii) of the Bihar Prohibition and Excise Rules, 2021?

The distillery shall neither manufacture potable alcohol nor convert ENA or Ethanol into potable alcohol.

What condition regarding transportation is imposed under Rule 6(iii) of the Bihar Prohibition and Excise Rules, 2021?

All consignments of raw materials or final products entering or leaving the distillery must be transported in GPS-enabled digitally locked containers.

Who appoints officers at the distillery under Rule 6(iv) of the Bihar Prohibition and Excise Rules, 2021?

The Excise Commissioner appoints excise officers and other functionaries for compliance with the Act and Rules.

What surveillance requirement is imposed under Rule 6(v) of the Bihar Prohibition and Excise Rules, 2021?

The proprietor must install CCTV cameras for round-the-clock surveillance of the premises and surrounding areas to monitor movement of vehicles.

How long must CCTV data be stored under Rule 6(v) of the Bihar Prohibition and Excise Rules, 2021?

The CCTV data must be stored for at least one month for inspection by authorities.

What quality control requirement is imposed under Rule 6(vi) of the Bihar Prohibition and Excise Rules, 2021?

ENA or Ethanol produced must be subject to periodic chemical analysis as ordered by the Excise Commissioner or Collector.

What obligation is imposed on the manufacturer if defects in ENA or Ethanol are found under Rule 6(vi) of the Bihar Prohibition and Excise Rules, 2021?

The manufacturer must remedy the defects to the satisfaction of the Excise Commissioner.

What additional compliance requirement is imposed on manufacturers under Rule 6(vii) of the Bihar Prohibition and Excise Rules, 2021?

The manufacturer company must make arrangements as prescribed by the Excise Commissioner or Collector for disposal of effluents, waste matter and refuse.

What duty regarding record keeping is imposed on distillers under Rule 6(viii) of the Bihar Prohibition and Excise Rules, 2021?

The distiller must maintain accurate and regular daily accounts relating to production and storage.

What details about raw materials must be recorded under Rule 6(viii)(a) of the Bihar Prohibition and Excise Rules, 2021?

The quantity and description of materials used.

What production details must be recorded under Rule 6(viii)(b) of the Bihar Prohibition and Excise Rules, 2021?

The quantity of wash and industrial alcohol manufactured.

What usage details must be recorded under Rule 6(viii)(c) of the Bihar Prohibition and Excise Rules, 2021?

The quantity of wash used.

What dispatch details must be recorded under Rule 6(viii)(d) of the Bihar Prohibition and Excise Rules, 2021?

The quantity of industrial alcohol passed out.

What storage details must be recorded under Rule 6(viii)(e) of the Bihar Prohibition and Excise Rules, 2021?

The quantities of wash and industrial alcohol in store.

What by-product details must be recorded under Rule 6(viii)(f) of the Bihar Prohibition and Excise Rules, 2021?

The quantities of by-products such as impure spirit in store.

What details regarding denaturants must be recorded under Rule 6(viii)(g) of the Bihar Prohibition and Excise Rules, 2021?

The quantity of denaturants used and in store.

What obligation arises from the Supreme Court judgment under Rule 6(ix) of the Bihar Prohibition and Excise Rules, 2021?

The manufacturer company must undertake that it will neither manufacture potable alcohol nor convert industrial alcohol into potable alcohol and will not apply for renewal of licence for manufacture of potable alcohol.

Which Supreme Court judgment is referred to under Rule 6(ix) of the Bihar Prohibition and Excise Rules, 2021?

Judgment dated 14.07.2017 passed in SLP (C) 16828–16831/2017.

What is the consequence of breach of conditions under Rule 6(x) of the Bihar Prohibition and Excise Rules, 2021?

Breach, non-performance or non-observance of conditions or provisions of the Act or Rules relating to manufacture of industrial alcohol shall attract penal action under Chapter VI of the Bihar Prohibition and Excise Act, 2016.

Who may specify the conditions whose breach may lead to penal action under Rule 6(x) of the Bihar Prohibition and Excise Rules, 2021?

The Excise Commissioner.

What further obligation is imposed on the manufacturer company under Rule 6(xi) of the Bihar Prohibition and Excise Rules, 2021?

The manufacturer company must comply with all general or special orders issued by the Excise Commissioner from time to time.

Chapter-4

Transit and Transportation of Intoxicants, ENA/ Industrial Alcohol and empty bottles

What does Rule 7 of the Bihar Prohibition and Excise Rules, 2021 provide for?

Rule 7 provides for transit and transportation of intoxicants and ENA/Industrial Alcohol through the State of Bihar.

Through which points must intoxicants or ENA/Industrial Alcohol pass when transported through Bihar under Rule 7(1) of the Bihar Prohibition and Excise Rules, 2021?

They must pass through the entry or exit points declared by the Excise Commissioner.

What must the driver or person in charge obtain at the entry point under Rule 7(1) of the Bihar Prohibition and Excise Rules, 2021?

A transit pass in Form EL-3B upon submission of an application in Form EL-3A.

Within what time must the transit pass be surrendered under Rule 7(2) of the Bihar Prohibition and Excise Rules, 2021?

Within 24 hours from the date and time of issue of the transit pass at the first entry point.

Where must the transit pass be surrendered under Rule 7(2) of the Bihar Prohibition and Excise Rules, 2021?

At the last designated exit point of the State of Bihar.

What is the consequence of failure to surrender the transit pass under Rule 7(2) of the Bihar Prohibition and Excise Rules, 2021?

It attracts penal provisions under Chapter VI of the Bihar Prohibition and Excise Act, 2016.

What requirement regarding digital lock is imposed under Rule 7(3) of the Bihar Prohibition and Excise Rules, 2021?

Every vehicle transiting through Bihar must have a GPS-enabled digital lock installed at the time of issuance of the transit permit on payment of the prescribed fee.

What condition is imposed on transportation of empty bottles under Rule 7(4) of the Bihar Prohibition and Excise Rules, 2021?

Empty bottles for bottling intoxicants must be transported in digitally locked containers.

What is the consequence of failure to transport empty bottles in digitally locked containers under Rule 7(4) of the Bihar Prohibition and Excise Rules, 2021?

It attracts penal provisions under Chapter VI of the Bihar Prohibition and Excise Act, 2016.

What power is given under Rule 7(5) of the Bihar Prohibition and Excise Rules, 2021?

Rule 7(5) empowers officers under Section 73 of the Act to intercept and inspect vehicles transporting intoxicants or ENA/industrial alcohol.

Who can intercept the movement of vehicles under Rule 7(5) of the Bihar Prohibition and Excise Rules, 2021?

Any officer within the meaning of Section 73 of the Bihar Prohibition and Excise Act, 2016.

What documents can the officer demand under Rule 7(5) of the Bihar Prohibition and Excise Rules, 2021?

The transit pass issued at the entry check post and any other documents related to transportation of the consignment.

What actions can the officer take upon reasonable suspicion under Rule 7(5) of the Bihar Prohibition and Excise Rules, 2021?

The officer may detain, search and inquire into the vehicle and consignment.

What powers of seizure are granted under Rule 7(5) of the Bihar Prohibition and Excise Rules, 2021?

The officer may seize any document, conveyance, animal or intoxicant upon finding violation of directions of the Excise Commissioner or provisions of the Act or Rules.

Under which provisions can action be taken after such seizure under Rule 7(5) of the Bihar Prohibition and Excise Rules, 2021?

Action may be taken under the provisions of Chapter VI of the Bihar Prohibition and Excise Act, 2016.

What does Rule 8 of the Bihar Prohibition and Excise Rules, 2021 provide for?

Rule 8 provides for procedure to be followed in case of accidents or breakdown of vehicles transporting intoxicants.

What duty is imposed on the driver or person in charge under Rule 8(1) of the Bihar Prohibition and Excise Rules, 2021?

They must immediately inform the local Excise Officer or Police Officer about the accident or breakdown of the vehicle carrying intoxicant.

What is required if there is delay in reporting an accident under Rule 8(1) of the Bihar Prohibition and Excise Rules, 2021?

The delay must be satisfactorily explained.

What duty is imposed on the police officer under Rule 8(2) of the Bihar Prohibition and Excise Rules, 2021?

The police officer must immediately report the incident to the local officer of the Prohibition and Excise Department.

What action must the Excise Officer take after receiving information under Rule 8(2) of the Bihar Prohibition and Excise Rules, 2021?

The officer must visit the accident site, record the loss of intoxicant if any, and take photographs of the site.

What duty is imposed on the Excise Officer under Rule 8(3) of the Bihar Prohibition and Excise Rules, 2021?

The officer must prepare a detailed inventory and submit a report to the Assistant Commissioner of Excise or the Excise Superintendent of the district.

What happens if the owner cannot or does not transfer the intoxicant to another conveyance under Rule 8(3) of the Bihar Prohibition and Excise Rules, 2021?

The intoxicant shall be confiscated by the Collector and destroyed according to the provisions of the Act.

Chapter-5

Storage and Locking of Industrial Alcohol

What does Rule 9 of the Bihar Prohibition and Excise Rules, 2021 provide for?

Rule 9 provides for storage of industrial alcohol.

Where must industrial alcohol be stored under Rule 9(i) of the Bihar Prohibition and Excise Rules, 2021?

Industrial alcohol must be stored in warehouses inspected regularly by authorized Excise Officers.

What is required for enhancement of storage capacity under Rule 9(ii) of the Bihar Prohibition and Excise Rules, 2021?

Prior permission of the Excise Commissioner is required.

What does Rule 10 of the Bihar Prohibition and Excise Rules, 2021 provide for?

Rule 10 provides for the procedure for collection of samples of industrial alcohol.

Who is empowered to collect samples of industrial alcohol under Rule 10(1) of the Bihar Prohibition and Excise Rules, 2021?

Any officer within the meaning of Section 6 of the Bihar Prohibition and Excise Act, 2016.

In what manner must samples be collected under Rule 10(1) of the Bihar Prohibition and Excise Rules, 2021?

Samples must be collected in triplicate in the presence of the manufacturer or his authorized representative and securely sealed with signatures on the label.

What is done with the first sample bottle under Rule 10(1) of the Bihar Prohibition and Excise Rules, 2021?

It is handed over to the manufacturer or his authorized representative.

What is done with the second sample bottle under Rule 10(1) of the Bihar Prohibition and Excise Rules, 2021?

It is sent to the Chemical Examiner for analysis.

What is done with the third sample bottle under Rule 10(1) of the Bihar Prohibition and Excise Rules, 2021?

It is kept in the store of the local Excise office.

What procedure is followed if the manufacturer or representative is absent or refuses to sign under Rule 10(1) of the Bihar Prohibition and Excise Rules, 2021?

The Excise Officer will collect the sample, sign the label himself, record the reason and mention it in the forwarding letter.

What does Rule 10(2) of the Bihar Prohibition and Excise Rules, 2021 provide for?

Rule 10(2) provides for action when samples of industrial alcohol do not conform to prescribed specifications.

What is the consequence if a sample does not conform to prescribed specifications under Rule 10(2) of the Bihar Prohibition and Excise Rules, 2021?

The manufacturer shall be liable for penal action under Chapter VI of the Bihar Prohibition and Excise Act, 2016.

What happens to the samples under Rule 10(2) of the Bihar Prohibition and Excise Rules, 2021?

The samples shall be destroyed after a period of six months in the manner prescribed by the Excise Commissioner.

When will the samples not be destroyed under Rule 10(2) of the Bihar Prohibition and Excise Rules, 2021?

When there is an order to the contrary by a Court of competent jurisdiction.

Chapter-6

Cantonment Area Matters

What does Rule 11 of the Bihar Prohibition and Excise Rules, 2021 provide for?

Rule 11 provides for regulation of military consignments of intoxicants to CSD (Canteen Stores Department) canteens.

How shall intoxicants be transported for CSD canteens under Rule 11(1) of the Bihar Prohibition and Excise Rules, 2021?

They shall be transported through vehicles under Army escort.

Which CSD canteens are permitted to store liquor or intoxicants under Rule 11(2) of the Bihar Prohibition and Excise Rules, 2021?

Only those located within cantonment areas, military stations or air force stations notified under the Cantonment Act, 2006.

What restriction is imposed on Armed Forces personnel under Rule 11(3) of the Bihar Prohibition and Excise Rules, 2021?

Armed Forces personnel or retired personnel shall not consume, carry or possess liquor outside the stations declared under the Cantonment Act, 2006 or other notifications.

Who issues guidelines for transportation and storage of such consignments under Rule 11(4) of the Bihar Prohibition and Excise Rules, 2021?

The Department of Prohibition, Excise and Registration, Government of Bihar.

What are the guidelines issued for under Rule 11(4) of the Bihar Prohibition and Excise Rules, 2021?

For transportation, storage and accounting of stock in such military locations.

Chapter -7

Confiscation and Disposal

What does Rule 12 of the Bihar Prohibition and Excise Rules, 2021 provide for?

Rule 12 provides for sealing of premises where offences under the Act are committed.

Who has the power to seal premises under Rule 12(A)(i) of the Bihar Prohibition and Excise Rules, 2021?

Any officer within the meaning of Section 73 of the Bihar Prohibition and Excise Act, 2016.

When must sealing of premises be carried out under Rule 12(A)(i) of the Bihar Prohibition and Excise Rules, 2021?

During the raid itself or in any case within 24 hours of the institution of the First Information Report.

What reporting duty is imposed after sealing under Rule 12(A)(ii) of the Bihar Prohibition and Excise Rules, 2021?

The sealing must be reported to the Collector within 24 hours.

What action can be taken if the premises is a temporary structure under Rule 12(A)(iii) of the Bihar Prohibition and Excise Rules, 2021?

After obtaining the order of the Collector, the police officer or excise officer may demolish the temporary structure.

When must the entire premises be sealed under Rule 12(A)(iv) of the Bihar Prohibition and Excise Rules, 2021?

When intoxicant is manufactured, bottled, distributed, collected, stored, sold, purchased, imported, exported or transported in the premises.

What principle applies to sealing residential premises under Rule 12(A)(v) of the Bihar Prohibition and Excise Rules, 2021?

Only the portion used for committing the offence should be sealed and not the entire residence as far as possible.

When is compulsory sealing required under Rule 12(A)(vi) of the Bihar Prohibition and Excise Rules, 2021?

When a residential premises or part thereof is used to provide facilities for others to consume intoxicants.

What rule applies in case of multi-unit premises under the Explanation to Rule 12 of the Bihar Prohibition and Excise Rules, 2021?

Only the specific unit where the offence has been committed shall be liable for sealing.

What does Rule 12(B) of the Bihar Prohibition and Excise Rules, 2021 provide for?

Rule 12(B) provides for confiscation of premises or other properties liable for confiscation under the Act.

What action must the Collector take on receiving proposal for confiscation under Rule 12(B)(i) of the Bihar Prohibition and Excise Rules, 2021?

The Collector must issue a show cause notice to the owner of the premises or property.

How is the show cause notice served under Rule 12(B)(ii) of the Bihar Prohibition and Excise Rules, 2021?

It shall be served according to the procedure for service of summons under the Code of Criminal Procedure, 1973.

What opportunity must be provided under Rule 12(B)(iii) of the Bihar Prohibition and Excise Rules, 2021?

The Collector must give a reasonable opportunity of hearing to the owner and also allow the Investigating Officer or Inquiry Officer to participate.

What happens if the person fails to appear after service of notice under Rule 12(B)(iv) of the Bihar Prohibition and Excise Rules, 2021?

If the person fails to appear on two consecutive hearing dates, the confiscating authority may proceed ex-parte.

What order can the Collector pass after hearing the parties under Rule 12(B)(v) of the Bihar Prohibition and Excise Rules, 2021?

The Collector may pass an order of confiscation or unsealing of the sealed or seized premises or property.

Within what time must confiscation order be passed under Rule 12(B)(vi) of the Bihar Prohibition and Excise Rules, 2021?

Within 90 days from the date of appearance of the affected party or parties after appreciation of evidence.

What remedy is available against the order of the Collector under Rule 12(B)(vii) of the Bihar Prohibition and Excise Rules, 2021?

The aggrieved person may file an appeal in the manner prescribed under the Rules.

What does Rule 13(A) of the Bihar Prohibition and Excise Rules, 2021 provide for?

Rule 13(A) provides for seizure of animal, vehicle, vessel or other conveyance used for carrying intoxicant or liquor.

Who has the power to seize animal, vehicle, vessel or conveyance under Rule 13(A)(i) of the Bihar Prohibition and Excise Rules, 2021?

Any officer within the meaning of Section 73 of the Bihar Prohibition and Excise Act, 2016.

When can seizure be made under Rule 13(A)(i) of the Bihar Prohibition and Excise Rules, 2021?

When the officer finds that any animal, vehicle, vessel or conveyance is being used for carrying intoxicant or liquor.

Where must the seized conveyance be forwarded under Rule 13(A)(i) of the Bihar Prohibition and Excise Rules, 2021?

To the nearest police station or Excise office within whose jurisdiction the seizure was effected along with the seizure list for institution of the case.

What must be done after institution of the case under Rule 13(A)(ii) of the Bihar Prohibition and Excise Rules, 2021?

A proposal for confiscation of the seized animal, vehicle, vessel or conveyance must be sent to the Collector.

Which reports must accompany the confiscation proposal under Rule 13(A)(ii) of the Bihar Prohibition and Excise Rules, 2021?

Verification report of the District Transport Officer or authorized authority and the report of the Chemical Examiner.

Within what time must the confiscation proposal be sent under Rule 13(A)(ii) of the Bihar Prohibition and Excise Rules, 2021?

Within 30 days from the date of seizure.

What is required if there is delay in sending the confiscation proposal under Rule 13(A)(ii) of the Bihar Prohibition and Excise Rules, 2021?

The police or excise officer must explain the reason for the delay.

What does Rule 13(B) of the Bihar Prohibition and Excise Rules, 2021 provide for?

Rule 13(B) provides for confiscation of vehicles, vessels or other conveyances used in offences under the Act.

What action must the Collector take on receiving confiscation proposal under Rule 13(B)(i) of the Bihar Prohibition and Excise Rules, 2021?

The Collector shall issue a show cause notice to the owner of the vehicle, vessel or other conveyance.

How is the show cause notice served under Rule 13(B)(ii) of the Bihar Prohibition and Excise Rules, 2021?

The notice shall be served according to the procedure for service of summons under the Code of Criminal Procedure.

What opportunity must be given to the owner under Rule 13(B)(ii) of the Bihar Prohibition and Excise Rules, 2021?

The Collector shall provide a reasonable opportunity of hearing to the owner.

Who may participate in the hearing under Rule 13(B)(ii) of the Bihar Prohibition and Excise Rules, 2021?

The Investigating Officer or Inquiry Officer.

What opportunity must be given to the owner under Rule 13(B)(iii) of the Bihar Prohibition and Excise Rules, 2021?

The Collector shall provide reasonable opportunities of hearing to the owner. The investigating authority shall also participate in the hearing.

What happens if the owner fails to appear for hearing under Rule 13(B)(iv) of the Bihar Prohibition and Excise Rules, 2021?

If the person fails to appear on two consecutive hearing dates, the confiscating authority may pass an ex parte order.

What action may the Collector take after hearing the parties under Rule 13(B)(v) of the Bihar Prohibition and Excise Rules, 2021?

The Collector may pass an appropriate order regarding the seized vehicle or conveyance after being satisfied that an offence under the Act has been committed.

What remedy is available against the order of the Collector under Rule 13(B)(vi) of the Bihar Prohibition and Excise Rules, 2021?

Any person aggrieved by the order of the Collector may file an appeal in the manner prescribed under the Rules.

What does Rule 14 of the Bihar Prohibition and Excise Rules, 2021 provide for?

Rule 14 provides for disposal of seized or confiscated things by order of the Collector.

When can the Collector order destruction of seized articles under Rule 14(1) of the Bihar Prohibition and Excise Rules, 2021?

When the seized article is liable to speedy and natural decay, is of trifling value or can be put to misuse.

Under which provision can the Collector order destruction of seized articles under Rule 14(1) of the Bihar Prohibition and Excise Rules, 2021?

Section 57 of the Bihar Prohibition and Excise Act, 2016.

When can destruction of seized articles be ordered under Rule 14(1) of the Bihar Prohibition and Excise Rules, 2021?

At any time before passing the order of confiscation.

How are confiscated animals, vehicles, vessels, conveyances or premises disposed of under Rule 14(2) of the Bihar Prohibition and Excise Rules, 2021?

They shall be put to public auction and sold to the highest bidder.

Within what time must auction be conducted under Rule 14(2) of the Bihar Prohibition and Excise Rules, 2021?

Within one month from the date of attainment of finality of the confiscation order or within such extended period as deemed fit by the Collector.

What alternative use is permitted for confiscated property under Rule 14(2) of the Bihar Prohibition and Excise Rules, 2021?

The property may be put to government use in the prescribed manner.

What does the term “finality” mean under the Explanation to Rule 14 of the Bihar Prohibition and Excise Rules, 2021?

It means the date of the order of the Excise Commissioner passed under Section 92 of the Act.

Chapter -8

BSBCL and its Role

What does Rule 15 of the Bihar Prohibition and Excise Rules, 2021 provide for?

Rule 15 provides for Bihar State Beverages Corporation Limited (BSBCL).

What is BSBCL under Rule 15 of the Bihar Prohibition and Excise Rules, 2021?

Bihar State Beverages Corporation Limited is a company incorporated under the Companies Act, 1956.

Under which department does BSBCL function under Rule 15 of the Bihar Prohibition and Excise Rules, 2021?

Under the aegis of the Prohibition, Excise and Registration Department, Government of Bihar.

What is the purpose of establishing BSBCL under Rule 15 of the Bihar Prohibition and Excise Rules, 2021?

To provide, encourage and initiate facilities for promoting total prohibition and other works related to the department.

What does Rule 16 of the Bihar Prohibition and Excise Rules, 2021 provide for?

Rule 16 provides for the role and functions of Bihar State Beverages Corporation Limited (BSBCL).

What is the primary role of BSBCL under Rule 16(1) of the Bihar Prohibition and Excise Rules, 2021?

BSBCL acts as the implementing agency of the Department for fulfillment of the objectives of total prohibition.

What responsibility regarding enforcement infrastructure is assigned to BSBCL under Rule 16(2) of the Bihar Prohibition and Excise Rules, 2021?

BSBCL is responsible for implementing and strengthening enforcement infrastructure to achieve the objectives of total prohibition.

What support does BSBCL provide to the Health Department under Rule 16(3) of the Bihar Prohibition and Excise Rules, 2021?

BSBCL assists in establishing and operating de-addiction centers at places decided by the State Government.

What activities relating to voluntary prohibition are performed by BSBCL under Rule 16(4) of the Bihar Prohibition and Excise Rules, 2021?

BSBCL encourages voluntary prohibition and rewards organizations, NGOs, persons, workers and women groups according to the New Excise Policy, 2015.

What awareness activities are undertaken by BSBCL under Rule 16(4) of the Bihar Prohibition and Excise Rules, 2021?

Awareness campaigns, advertising and outreach programs to generate social awareness about the ill effects of addiction.

What assistance does BSBCL provide to the Collector under Rule 16(5) of the Bihar Prohibition and Excise Rules, 2021?

Financial and infrastructural support for enforcement of prohibition including check posts, barriers, lockups (hajaat), storage (maalkhana), vehicles, manpower, IT equipment and other required assistance.

Chapter-9

Rewards and Incentives

What does Rule 17 of the Bihar Prohibition and Excise Rules, 2021 provide for?

Rule 17 provides for rewards for effective enforcement of prohibition.

Who may receive cash rewards under Rule 17(1) of the Bihar Prohibition and Excise Rules, 2021?

Government servants of the Department who perform outstanding work in enforcing prohibition.

From where are such rewards paid under Rule 17(1) of the Bihar Prohibition and Excise Rules, 2021?

From the funds of the Department.

Who may receive rewards under Rule 17(2) of the Bihar Prohibition and Excise Rules, 2021?

Civilians who help in major recovery of intoxicants or illegal liquor.

What recognition may be given under Rule 17(3) of the Bihar Prohibition and Excise Rules, 2021?

Prohibition Medals may be conferred on excise officers or police officers for good work.

Who frames the guidelines for rewards and medals under Rule 17(4) of the Bihar Prohibition and Excise Rules, 2021?

The Department shall frame detailed guidelines.

Chapter -10

Procedure for Arrest and prosecution

What does Rule 18 of the Bihar Prohibition and Excise Rules, 2021 provide for?

Rule 18 provides for application of certain procedural laws to proceedings under the Rules.

Which procedural laws apply under Rule 18 of the Bihar Prohibition and Excise Rules, 2021?

The Code of Criminal Procedure, the Indian Evidence Act, 1872 and the Bihar Police Manual.

To what matters do these laws apply under Rule 18 of the Bihar Prohibition and Excise Rules, 2021?

To arrests, investigation, submission of charge sheet, supervision and other related procedures.

When do these laws apply under Rule 18 of the Bihar Prohibition and Excise Rules, 2021?

They apply unless otherwise expressly provided in the Act.

Chapter-11

Procedure for grant of bail in bailable offences

What does Rule 19 of the Bihar Prohibition and Excise Rules, 2021 provide for?

Rule 19 provides for grant of bail in certain cases of first-time offences under the Act.

Which provision of law applies for bail under Rule 19 of the Bihar Prohibition and Excise Rules, 2021?

Section 436 of the Code of Criminal Procedure, 1973.

For which offences does Rule 19 allow bail under the Bihar Prohibition and Excise Rules, 2021?

For first-time offences under Section 37(1) and Section 54(2) of the Bihar Prohibition and Excise Act, 2016.

What document must be furnished to establish identity for bail under Rule 19 of the Bihar Prohibition and Excise Rules, 2021?

A valid photo identity card along with the bail bond.

Chapter-12

Appeal and Revision

What does Rule 20 of the Bihar Prohibition and Excise Rules, 2021 provide for?

Rule 20 provides for the procedure for filing appeal and revision under the Act.

In what form must an appeal be made under Rule 20(1) of the Bihar Prohibition and Excise Rules, 2021?

In the form of a petition addressed to the authority to whom the appeal lies.

What are the formal requirements of an appeal petition under Rule 20(1) of the Bihar Prohibition and Excise Rules, 2021?

The petition must be written in concise and intelligible language and bear the signature or mark of the appellant and his duly authorized lawyer.

What details must be included in the appeal petition under Rule 20(2)(a) of the Bihar Prohibition and Excise Rules, 2021?

The name, father’s name, occupation and place of residence or business address of the appellant.

What date must be mentioned in the appeal petition under Rule 20(2)(b) of the Bihar Prohibition and Excise Rules, 2021?

The date of the order appealed against.

What factual information must be included under Rule 20(2)(c) of the Bihar Prohibition and Excise Rules, 2021?

A brief and precise statement of facts.

What must be stated regarding objections under Rule 20(2)(d) of the Bihar Prohibition and Excise Rules, 2021?

The grounds of objection to the order appealed against.

What document must accompany the appeal petition under Rule 20(3) of the Bihar Prohibition and Excise Rules, 2021?

An original certified copy of the order appealed against.

What does Rule 21 of the Bihar Prohibition and Excise Rules, 2021 provide for?

Rule 21 provides for the procedure for hearing of appeals.

What must the appellate authority do under Rule 21(1) of the Bihar Prohibition and Excise Rules, 2021?

The appellate authority must fix a date for regular hearing and issue notice for the same.

What happens if the appellant does not appear on the date fixed for hearing under Rule 21(2) of the Bihar Prohibition and Excise Rules, 2021?

The appellate authority may decide the appeal ex parte on the basis of material available on record.

Within what time must the appellate authority pass the appeal order under Rule 21(3) of the Bihar Prohibition and Excise Rules, 2021?

Within 30 days from the date of appearance of the affected party on the appointed date.

What type of order must be passed by the appellate authority under Rule 21(3) of the Bihar Prohibition and Excise Rules, 2021?

A reasoned order.

What does Rule 22 of the Bihar Prohibition and Excise Rules, 2021 provide for?

Rule 22 provides for rejection of appeals.

When can an appeal be rejected under Rule 22(1) of the Bihar Prohibition and Excise Rules, 2021?

When the petition of appeal does not comply with the requirements of Rule 20.

What opportunity must be given before rejecting an appeal under Rule 22(1) of the Bihar Prohibition and Excise Rules, 2021?

The appellant must be given an opportunity to comply with the requirements of Rule 20.

On what other basis can an appeal be rejected under Rule 22(2) of the Bihar Prohibition and Excise Rules, 2021?

On other grounds recorded in writing by the appellate authority.

What opportunity must be given before rejecting an appeal under Rule 22(2) of the Bihar Prohibition and Excise Rules, 2021?

The appellant must be given an opportunity of being heard.

What does Rule 23 of the Bihar Prohibition and Excise Rules, 2021 provide for?

Rule 23 provides for supply of copies of appellate orders.

Who shall receive a free copy of the appellate order under Rule 23 of the Bihar Prohibition and Excise Rules, 2021?

The appellant shall be supplied a copy of the appellate order free of cost.

To whom else must a copy of the appellate order be sent under Rule 23 of the Bihar Prohibition and Excise Rules, 2021?

To the officer whose order forms the subject matter of the appeal.

What does Rule 24 of the Bihar Prohibition and Excise Rules, 2021 provide for?

Rule 24 provides for the procedure to be followed for filing revision.

What procedure applies to revision under Rule 24 of the Bihar Prohibition and Excise Rules, 2021?

The procedure prescribed for filing appeal shall also apply to filing revision.

Who exercises the power of revision under Rule 24(i) of the Bihar Prohibition and Excise Rules, 2021?

The Secretary of the Department.

What must be fixed for hearing of revision under Rule 24(ii) of the Bihar Prohibition and Excise Rules, 2021?

A date for regular hearing of the revision.

What happens if the revisionist does not appear on the date of hearing under Rule 24(iii) of the Bihar Prohibition and Excise Rules, 2021?

The authority may decide the revision application ex parte based on the material available on record.

Within what time must the revision order be passed under Rule 24(iv) of the Bihar Prohibition and Excise Rules, 2021?

Within 30 days from the date of appearance of the affected party.

What type of order must be passed in revision under Rule 24(iv) of the Bihar Prohibition and Excise Rules, 2021?

A reasoned order.

Chapter-13

Miscellaneous

What does Rule 25 of the Bihar Prohibition and Excise Rules, 2021 provide for?

Rule 25 provides for repeal and savings of earlier rules.

What is the effect of Rule 25(1) of the Bihar Prohibition and Excise Rules, 2021?

With effect from the date these rules come into force, several earlier excise rules and notifications stand repealed.

Which notification dated 15 January 1919 is repealed under Rule 25(1) of the Bihar Prohibition and Excise Rules, 2021?

Notification No. 470F dated 15 January 1919.

Which other notification dated 15 January 1919 is repealed under Rule 25(1) of the Bihar Prohibition and Excise Rules, 2021?

Notification No. 471F dated 15 January 1919.

Which 1976 rules are repealed under Rule 25(1) of the Bihar Prohibition and Excise Rules, 2021?

Bihar Spiced Country Spirit (Manufacture and Sale) Rules, 1976.

Which 2004 rules are repealed under Rule 25(1) of the Bihar Prohibition and Excise Rules, 2021?

Bihar Country Liquor Bottling Rules, 2004.

Which 1994 rules are repealed under Rule 25(1) of the Bihar Prohibition and Excise Rules, 2021?

Bihar Liquor (Price Fixation and Control) Rules, 1994.

Which 2007 rules relating to settlement of licenses are repealed under Rule 25(1) of the Bihar Prohibition and Excise Rules, 2021?

Bihar Excise (Settlement of Licenses for Retail Sale of Country/Spiced Country Liquor/Foreign Liquor/Beer and Composite Liquor Shop) Rules, 2007.

Which rules relating to beer import and sale are repealed under Rule 25(1) of the Bihar Prohibition and Excise Rules, 2021?

Bihar Beer (Import and Sale) Rules, 2000.

What does Rule 25(2) of the Bihar Prohibition and Excise Rules, 2021 provide for?

Rule 25(2) provides for saving of actions taken under the repealed rules.

What happens to actions taken under the repealed rules according to Rule 25(2) of the Bihar Prohibition and Excise Rules, 2021?

Anything done, any action taken or any licence granted under the repealed rules shall remain valid.

Under what condition are such actions deemed valid under Rule 25(2) of the Bihar Prohibition and Excise Rules, 2021?

Provided that they are not inconsistent with the provisions of these Rules or the Bihar Prohibition and Excise Act, 2016.

How are such past actions treated under Rule 25(2) of the Bihar Prohibition and Excise Rules, 2021?

They are deemed to have been done, taken or granted under the corresponding provisions of these Rules.

BIHAR PROHIBITION AND EXCISE RULES, 2021

AMENDMENT (2022)

INTRODUCTION

What do the Bihar Prohibition and Excise (Amendment) Notifications of 2022 provide for?

They provide for amendment and further amendment of the Bihar Prohibition and Excise Rules, 2021.

Under which provision were the Bihar Prohibition and Excise (Amendment) Rules, 2022 made?

They were made in exercise of the powers conferred under Section 95 of the Bihar Prohibition and Excise Act, 2016.

Which authority issued the amendment notifications of 2022?

The Government of Bihar, Prohibition, Excise and Registration Department.

What does Notification No. 11/Utpad Niti-01-03/2021/2458 dated 5 April 2022 provide for?

It provides for amendment of the Bihar Prohibition and Excise Rules, 2021.

What does Notification No. 11/Utpad Niti-01-03/2021/9059 dated 30 November 2022 provide for?

It provides for further amendment of the Bihar Prohibition and Excise Rules, 2021.

Which earlier amendment is referred to in the notification dated 30 November 2022?

The amendment made through notification No. 11/Utpad Niti-01-03/2021/2458 dated 5 April 2022.

What is the overall purpose of the amendment notifications issued in 2022?

To modify and further update the provisions of the Bihar Prohibition and Excise Rules, 2021 in accordance with Section 95 of the Bihar Prohibition and Excise Act, 2016.

What does Rule 1 of the Bihar Prohibition and Excise (Amendment) Rules, 2022 provide for?

Rule 1 provides for the short title, extent and commencement of the Amendment Rules, 2022.

What is the short title of the rules under Rule 1(1) of the Bihar Prohibition and Excise (Amendment) Rules, 2022?

These rules may be called the Bihar Prohibition and Excise (Amendment) Rules, 2022.

When do the Bihar Prohibition and Excise (Amendment) Rules, 2022 come into force under Rule 1(2)?

They come into force on the date of their publication in the Official Gazette.

To what area do the Bihar Prohibition and Excise (Amendment) Rules, 2022 extend under Rule 1(3)?

They extend to the whole of the State of Bihar.

To which cases do the Bihar Prohibition and Excise (Amendment) Rules, 2022 apply under Rule 1(3)?

They apply to all pending cases.

What does Rule 2 of the Bihar Prohibition and Excise (Amendment) Rules, 2022 provide for?

Rule 2 provides for substitution of Rule 12 (Sealing of Premises) of the Bihar Prohibition and Excise Rules, 2021.

Which rule of the Bihar Prohibition and Excise Rules, 2021 is substituted by the Amendment Rules, 2022?

Rule 12 relating to sealing of premises.

What power is given under Rule 12(1) of the Bihar Prohibition and Excise Rules, 2021 as substituted in 2022?

Any officer within the meaning of Section 73 of the Act may immediately seal any premises where an offence under the Act has been committed.

What does the term “immediately” mean under Rule 12(1) of the Bihar Prohibition and Excise Rules, 2021?

Sealing should be done during the raid itself and in any case within 24 hours of the institution of the First Information Report.

What reporting requirement is imposed under Rule 12(2) of the Bihar Prohibition and Excise Rules, 2021?

Sealing must be reported to the Collector within 24 hours.

What action may be taken if the premises is a temporary structure under Rule 12(3) of the Bihar Prohibition and Excise Rules, 2021?

After obtaining the order of the Collector, the police or excise officer may demolish the temporary structure.

When must the entire premises be sealed under Rule 12(4) of the Bihar Prohibition and Excise Rules, 2021?

When intoxicant is manufactured, bottled, distributed, collected, stored, sold, purchased, imported, exported or transported in the premises.

What principle applies to sealing of private residential premises under Rule 12(5) of the Bihar Prohibition and Excise Rules, 2021?

Only the portion used for committing the offence should be sealed and not the entire residence as far as possible.

When is compulsory sealing required under Rule 12(6) of the Bihar Prohibition and Excise Rules, 2021?

When residential premises are used to provide facilities for others to consume intoxicants.

What rule applies to multi-unit premises under the Explanation to Rule 12 of the Bihar Prohibition and Excise Rules, 2021?

Only the specific unit where the offence has been committed shall be liable for sealing.

What does Rule 3 of the Bihar Prohibition and Excise (Amendment) Rules, 2022 provide for?

Rule 3 provides for insertion of a new Rule 12A after Rule 12 of the Bihar Prohibition and Excise Rules, 2021.

What is the subject matter of Rule 12A inserted in the Bihar Prohibition and Excise Rules, 2021?

Rule 12A provides for release of vehicles, conveyances, vessels, animals etc. on payment of penalty.

Under which provision of the Act can vehicles or conveyances be released under Rule 12A(1) of the Bihar Prohibition and Excise Rules, 2021?

Under Section 57B(1) of the Bihar Prohibition and Excise Act, 2016.

Who may release seized vehicles or conveyances under Rule 12A(1) of the Bihar Prohibition and Excise Rules, 2021?

The Collector or an officer authorized by him.

What application is required for release of seized vehicles under Rule 12A(1) of the Bihar Prohibition and Excise Rules, 2021?

An application in Form IV by the owner of the vehicle or conveyance.

On what condition may a seized vehicle be released under Rule 12A(1) of the Bihar Prohibition and Excise Rules, 2021?

Upon payment of penalty as ordered by the Collector or the authorized officer.

What happens if the owner of the vehicle cannot be identified or does not claim the vehicle under Rule 12A(1) of the Bihar Prohibition and Excise Rules, 2021?

After waiting for 15 days from the date of seizure, the Collector or authorized officer shall confiscate and auction the vehicle according to the Act.

What is the amount of penalty for release of vehicle under Rule 12A(2) of the Bihar Prohibition and Excise Rules, 2021?

The penalty shall be 50% of the latest insured value of the vehicle or conveyance.

How is penalty determined if the insured value is not available or the vehicle is undervalued under Rule 12A(2) of the Bihar Prohibition and Excise Rules, 2021?

The valuation shall be done by the District Transport Officer and 50% of that value shall be the penalty.

What action must be taken if the owner fails to pay the penalty within 15 days under Rule 12A(2) of the Bihar Prohibition and Excise Rules, 2021?

The Collector shall proceed with confiscation and auction of the vehicle.

When may the Collector refuse to release a seized vehicle under Rule 12A(3) of the Bihar Prohibition and Excise Rules, 2021?

When he is satisfied that release of the vehicle is not in the public interest.

What happens if release is not in public interest under Rule 12A(3) of the Bihar Prohibition and Excise Rules, 2021?

The vehicle shall be confiscated and subsequently auctioned or disposed of.

How is penalty determined when valuation or insurance of the conveyance is not possible under Rule 12A(4) of the Bihar Prohibition and Excise Rules, 2021?

The Collector may impose such fine as he deems fit.

What factors must be considered while imposing fine under Rule 12A(4) of the Bihar Prohibition and Excise Rules, 2021?

The economic status of the individual, nature of involvement in the crime and the quantity of intoxicant recovered.

Is the penalty refundable under Rule 12A(5) of the Bihar Prohibition and Excise Rules, 2021?

No, the penalty is non-refundable regardless of the outcome of the trial before the Special Court.

What obligation is imposed on the owner after release of the vehicle under Rule 12A(6) of the Bihar Prohibition and Excise Rules, 2021?

The owner must produce the vehicle or conveyance before the authorities whenever required.

What provision is made for pending confiscation or auction cases under the Explanation to Rule 12A of the Bihar Prohibition and Excise Rules, 2021?

The Collector or authorized officer may give the existing owner an opportunity to pay the prescribed penalty and obtain release of the vehicle.

What happens after payment of penalty in pending confiscation or auction cases under Rule 12A Explanation of the Bihar Prohibition and Excise Rules, 2021?

Upon satisfaction regarding ownership and payment of penalty, the ongoing confiscation or auction proceedings may be dropped and the vehicle released.

What does Rule 4 of the Bihar Prohibition and Excise (Amendment) Rules, 2022 provide for?

Rule 4 provides for insertion of a new Rule 12B after Rule 12A in the Bihar Prohibition and Excise Rules, 2021.

What is the subject matter of Rule 12B inserted in the Bihar Prohibition and Excise Rules, 2021?

Rule 12B provides for release of premises on payment of penalty.

Under which provision of the Act can premises be released under Rule 12B(1) of the Bihar Prohibition and Excise Rules, 2021?

Under Section 57B(2) of the Bihar Prohibition and Excise Act, 2016.

Who may release or unseal seized or sealed premises under Rule 12B(1) of the Bihar Prohibition and Excise Rules, 2021?

The Collector or an officer authorized by him.

What application must be filed for release of premises under Rule 12B(1) of the Bihar Prohibition and Excise Rules, 2021?

An application in Form V by the owner of the premises.

On what condition may sealed premises be released under Rule 12B(1) of the Bihar Prohibition and Excise Rules, 2021?

Upon payment of penalty as ordered by the Collector or authorized officer.

What happens if the owner of the premises cannot be identified or does not come forward under Rule 12B(1) of the Bihar Prohibition and Excise Rules, 2021?

After waiting for 15 days from the date of seizure or sealing, the Collector shall proceed to confiscate the premises according to the Act.

What factors must be considered while determining the amount of fine under Rule 12B(2) of the Bihar Prohibition and Excise Rules, 2021?

The economic status of the individual, nature of involvement in the crime, location of the premises and the quantity of intoxicant recovered.

What is the minimum fine under Rule 12B(2) of the Bihar Prohibition and Excise Rules, 2021?

The fine shall not be less than Rs. 1,00,000.

What action must be taken if the penalty is not paid within 15 days under Rule 12B(2) of the Bihar Prohibition and Excise Rules, 2021?

The Collector shall proceed with confiscation and auction of the premises.

When may the Collector refuse to release premises under Rule 12B(3) of the Bihar Prohibition and Excise Rules, 2021?

When he is satisfied that release of the premises is not in the public interest.

What happens if release is not in public interest under Rule 12B(3) of the Bihar Prohibition and Excise Rules, 2021?

The premises shall be confiscated and subsequently auctioned or disposed of.

Is the penalty refundable under Rule 12B(4) of the Bihar Prohibition and Excise Rules, 2021?

No, the penalty is non-refundable regardless of the outcome of the trial before the Special Court.

What obligation is imposed on the owner after release of premises under Rule 12B(5) of the Bihar Prohibition and Excise Rules, 2021?

The owner must allow inspection of the premises whenever required by the authorities.

What provision applies to pending confiscation or auction cases under the Explanation to Rule 12B of the Bihar Prohibition and Excise Rules, 2021?

The Collector may allow the owner to pay the prescribed penalty and obtain release of the premises, after which ongoing confiscation or auction proceedings may be dropped.

What does Rule 4 of the Bihar Prohibition and Excise (Amendment) Rules, 2022 provide for?

Rule 4 provides for insertion of a new Rule 12B after Rule 12A in the Bihar Prohibition and Excise Rules, 2021.

What is the subject matter of Rule 12B inserted in the Bihar Prohibition and Excise Rules, 2021?

Rule 12B provides for release of premises on payment of penalty.

Under which provision of the Act can premises be released under Rule 12B(1) of the Bihar Prohibition and Excise Rules, 2021?

Under Section 57B(2) of the Bihar Prohibition and Excise Act, 2016.

Who may release or unseal seized or sealed premises under Rule 12B(1) of the Bihar Prohibition and Excise Rules, 2021?

The Collector or an officer authorized by him.

What application must be filed for release of premises under Rule 12B(1) of the Bihar Prohibition and Excise Rules, 2021?

An application in Form V by the owner of the premises.

On what condition may sealed premises be released under Rule 12B(1) of the Bihar Prohibition and Excise Rules, 2021?

Upon payment of penalty as ordered by the Collector or authorized officer.

What happens if the owner of the premises cannot be identified or does not come forward under Rule 12B(1) of the Bihar Prohibition and Excise Rules, 2021?

After waiting for 15 days from the date of seizure or sealing, the Collector shall proceed to confiscate the premises according to the Act.

What factors must be considered while determining the amount of fine under Rule 12B(2) of the Bihar Prohibition and Excise Rules, 2021?

The economic status of the individual, nature of involvement in the crime, location of the premises and the quantity of intoxicant recovered.

What is the minimum fine under Rule 12B(2) of the Bihar Prohibition and Excise Rules, 2021?

The fine shall not be less than Rs. 1,00,000.

What action must be taken if the penalty is not paid within 15 days under Rule 12B(2) of the Bihar Prohibition and Excise Rules, 2021?

The Collector shall proceed with confiscation and auction of the premises.

When may the Collector refuse to release premises under Rule 12B(3) of the Bihar Prohibition and Excise Rules, 2021?

When he is satisfied that release of the premises is not in the public interest.

What happens if release is not in public interest under Rule 12B(3) of the Bihar Prohibition and Excise Rules, 2021?

The premises shall be confiscated and subsequently auctioned or disposed of.

Is the penalty refundable under Rule 12B(4) of the Bihar Prohibition and Excise Rules, 2021?

No, the penalty is non-refundable regardless of the outcome of the trial before the Special Court.

What obligation is imposed on the owner after release of premises under Rule 12B(5) of the Bihar Prohibition and Excise Rules, 2021?

The owner must allow inspection of the premises whenever required by the authorities.

What provision applies to pending confiscation or auction cases under the Explanation to Rule 12B of the Bihar Prohibition and Excise Rules, 2021?

The Collector may allow the owner to pay the prescribed penalty and obtain release of the premises, after which ongoing confiscation or auction proceedings may be dropped.

What does Rule 5 of the Bihar Prohibition and Excise (Amendment) Rules, 2022 provide for?

Rule 5 provides for substitution of Rule 13 of the Bihar Prohibition and Excise Rules, 2021.

What is the subject matter of substituted Rule 13 of the Bihar Prohibition and Excise Rules, 2021?

Confiscation of premises, vehicles or conveyances when they are not released on payment of penalty.

When will confiscation proceedings be initiated under Rule 13 of the Bihar Prohibition and Excise Rules, 2021?

When it is not appropriate or not possible to release the vehicle or premises on payment of penalty.

What happens if the owner or accused fails to deposit the penalty within two weeks under Rule 13 of the Bihar Prohibition and Excise Rules, 2021?

The Collector or authorized officer shall proceed to confiscate and auction the vehicle or premises.

Under which rules will confiscation and auction be carried out according to Rule 13 of the Bihar Prohibition and Excise Rules, 2021?

According to Rule 13A, Rule 13B and Rule 14.

What does Rule 6 of the Bihar Prohibition and Excise (Amendment) Rules, 2022 provide for?

Rule 6 provides for insertion of a new Rule 13A after Rule 13 in the Bihar Prohibition and Excise Rules, 2021.

What is the subject matter of Rule 13A inserted in the Bihar Prohibition and Excise Rules, 2021?

Procedure for confiscation of vehicle, conveyance, vessel etc.

When are confiscation proceedings initiated under Rule 13A(1) of the Bihar Prohibition and Excise Rules, 2021?

When the Collector decides that the vehicle shall not be released on penalty or when the owner fails to pay the required penalty.

Within what time must the proposal for confiscation be sent under Rule 13A(1) of the Bihar Prohibition and Excise Rules, 2021?

Within 30 days from the date of seizure of the vehicle or conveyance.

What must be done if there is delay beyond 30 days in sending confiscation proposal under Rule 13A(1) of the Bihar Prohibition and Excise Rules, 2021?

The police or excise officer must explain the reason for the delay.

What notices are issued under Rule 13A(2) of the Bihar Prohibition and Excise Rules, 2021?

Show cause notice to the owner and notices to the District Transport Officer and the Chemical Examiner for their reports.

How are notices served under Rule 13A(3) of the Bihar Prohibition and Excise Rules, 2021?

According to the procedure for service of summons under the Code of Criminal Procedure, 1973.

What reports must be obtained under Rule 13A(3) of the Bihar Prohibition and Excise Rules, 2021?

Report of the District Transport Officer or authorized authority and report of the Chemical Examiner.

What opportunity must be provided to the owner under Rule 13A(4) of the Bihar Prohibition and Excise Rules, 2021?

A reasonable opportunity of hearing.

Who may participate in the hearing under Rule 13A(4) of the Bihar Prohibition and Excise Rules, 2021?

The investigating or inquiry officer.

What happens if the owner fails to appear on two consecutive hearing dates under Rule 13A(5) of the Bihar Prohibition and Excise Rules, 2021?

The confiscating authority may pass the order ex parte.

What order may be passed after hearing the parties under Rule 13A(6) of the Bihar Prohibition and Excise Rules, 2021?

An appropriate order regarding confiscation of the seized vehicle, vessel or conveyance.

Within what time must confiscation order be passed under Rule 13A(7) of the Bihar Prohibition and Excise Rules, 2021?

Within 90 days from the date of seizure of the vehicle.

What remedy is available against the confiscation order under Rule 13A(8) of the Bihar Prohibition and Excise Rules, 2021?

The aggrieved person may file an appeal in the manner prescribed under the Rules.

What does Rule 7 of the Bihar Prohibition and Excise (Amendment) Rules, 2022 provide for?

Rule 7 provides for insertion of a new Rule 13B after Rule 13A in the Bihar Prohibition and Excise Rules, 2021.

What is the subject matter of Rule 13B inserted in the Bihar Prohibition and Excise Rules, 2021?

Procedure for confiscation of premises.

When are confiscation proceedings initiated under Rule 13B(1) of the Bihar Prohibition and Excise Rules, 2021?

When the Collector decides that the premises shall not be released on penalty or when the owner fails to pay the required penalty.

Within what time must the proposal for confiscation of premises be sent under Rule 13B(1) of the Bihar Prohibition and Excise Rules, 2021?

Within 30 days from the date of seizure or sealing of the premises.

What must be done if there is delay beyond 30 days in sending confiscation proposal under Rule 13B(1) of the Bihar Prohibition and Excise Rules, 2021?

The police or excise officer must explain the reason for the delay.

What action must the officer take after receiving confiscation proposal under Rule 13B(2) of the Bihar Prohibition and Excise Rules, 2021?

Issue show cause notice to the owner of the premises or property and notices to the Chemical Examiner and/or revenue officers for their reports.

How are notices served under Rule 13B(3) of the Bihar Prohibition and Excise Rules, 2021?

According to the procedure for service of summons under the Code of Criminal Procedure, 1973.

What opportunity must be given to the owner under Rule 13B(4) of the Bihar Prohibition and Excise Rules, 2021?

A reasonable opportunity of hearing.

Who may participate in the hearing under Rule 13B(4) of the Bihar Prohibition and Excise Rules, 2021?

The investigating or inquiry officer.

What happens if the owner fails to appear on two consecutive hearing dates under Rule 13B(5) of the Bihar Prohibition and Excise Rules, 2021?

The confiscating authority may pass the order ex parte.

What order may be passed after hearing the parties under Rule 13B(6) of the Bihar Prohibition and Excise Rules, 2021?

An order of confiscation or unsealing of the sealed or seized premises or property.

Within what time must confiscation order be passed under Rule 13B(7) of the Bihar Prohibition and Excise Rules, 2021?

Within 90 days from the date of seizure or sealing of the premises.

What remedy is available against the order passed by the Collector under Rule 13B(8) of the Bihar Prohibition and Excise Rules, 2021?

Any person aggrieved by the order of the Collector may file an appeal in the manner prescribed under these Rules.

What does Rule 8 of the Bihar Prohibition and Excise (Amendment) Rules, 2022 provide for?

Rule 8 provides for substitution of Rule 14 of the Bihar Prohibition and Excise Rules, 2021.

What is the subject matter of substituted Rule 14 of the Bihar Prohibition and Excise Rules, 2021?

Auction or destruction of seized or confiscated items.

How may seized or confiscated items be disposed of under Rule 14 of the Bihar Prohibition and Excise Rules, 2021?

By auction or by destruction as ordered by the Collector or authorized officer.

When may seized articles be destroyed under Rule 14(1) of the Bihar Prohibition and Excise Rules, 2021?

When they are liable to speedy or natural decay, of trifling value, capable of misuse, endangering public safety or occupying public space.

Under which provisions can destruction be ordered under Rule 14(1) of the Bihar Prohibition and Excise Rules, 2021?

Under Section 57 and Section 57A of the Bihar Prohibition and Excise Act, 2016.

What instruction is given regarding seized liquor under Rule 14(1) of the Bihar Prohibition and Excise Rules, 2021?

Seized liquor should not remain stored for a long time and must be destroyed within 15 days of seizure after obtaining the chemist’s report.

How must confiscated animals, vehicles, vessels, conveyances or premises be disposed of under Rule 14(2) of the Bihar Prohibition and Excise Rules, 2021?

By public auction to the highest bidder.

Within what time must the auction be conducted under Rule 14(2) of the Bihar Prohibition and Excise Rules, 2021?

Within one month from the date of attainment of finality of the confiscation order or within such extended period as deemed fit by the Collector or authorized officer.

What alternative use is allowed for confiscated property under Rule 14(2) of the Bihar Prohibition and Excise Rules, 2021?

It may be put to government use in the prescribed manner.

What procedure must be followed before auction under Rule 14(3) of the Bihar Prohibition and Excise Rules, 2021?

The Collector may first cause valuation of the property and invite bids through public advertisement in at least one local or vernacular newspaper.

What happens if no bids are received in the auction under Rule 14(3) of the Bihar Prohibition and Excise Rules, 2021?

The Collector may invite bids again and after three unsuccessful attempts may dispose of the item on an “as is where is” basis regardless of valuation.

What does the term “finality” mean under the Explanation to Rule 14 of the Bihar Prohibition and Excise Rules, 2021?

It means the date of the order of the Excise Commissioner passed under Section 92 of the Act.

What does the amendment relating to Rule 14 of the Bihar Prohibition and Excise Rules, 2021 provide for?

It provides for insertion of a proviso after the Explanation to Rule 14 regarding auction of confiscated items when the owner does not appear.

Under which condition may the Excise Commissioner direct auction under the amended proviso to Rule 14 of the Bihar Prohibition and Excise Rules, 2021?

When no owner or person appears before the Collector despite sufficient notice in confiscation proceedings.

What is the effect of an ex-parte confiscation order under the proviso to Rule 14 of the Bihar Prohibition and Excise Rules, 2021?

It allows the Excise Commissioner to direct auction of the confiscated article.

What time condition must be satisfied before auction under the proviso to Rule 14 of the Bihar Prohibition and Excise Rules, 2021?

Ninety days must have passed since the seizure of the article without any person approaching the authorities.

Who may order the public auction under the amended proviso to Rule 14 of the Bihar Prohibition and Excise Rules, 2021?

The Excise Commissioner upon receiving a report from the Collector.

Who will conduct the auction after such direction under the proviso to Rule 14 of the Bihar Prohibition and Excise Rules, 2021?

The Collector or the officer authorized by him.

What does Rule 9 of the Bihar Prohibition and Excise (Amendment) Rules, 2022 provide for?

Rule 9 provides for substitution of Rule 18 (Procedure for Arrest and Prosecution) of the Bihar Prohibition and Excise Rules, 2021.

What is the subject matter of substituted Rule 18 of the Bihar Prohibition and Excise Rules, 2021?

Arrest and enquiry procedures for consumption of liquor.

What must be done when a person is arrested for the first time under Section 37 of the Act according to Rule 18(1)?

The person must be immediately produced before the duly authorized Executive Magistrate by the police or excise officer.

What duty is imposed on the police or excise officer under Rule 18(2) of the Bihar Prohibition and Excise Rules, 2021?

The officer must conduct an enquiry and submit a report in Form VI.

What details must be verified during enquiry under Rule 18(2) of the Bihar Prohibition and Excise Rules, 2021?

Identity of the accused, ID proof, cooperation during arrest, whether medical examination or breath analysis was conducted, and whether the accused created public nuisance or violent behaviour.

What action may the Executive Magistrate take based on the report under Rule 18(3) of the Bihar Prohibition and Excise Rules, 2021?

The Magistrate may sentence the accused to pay a fine between Rs. 2,000 and Rs. 5,000 or simple imprisonment for 30 days if the fine is not paid.

Which form contains the order sheet format for the Executive Magistrate under Rule 18(3)?

Form VII.

When may the Executive Magistrate refuse release on fine under the proviso to Rule 18(3) of the Bihar Prohibition and Excise Rules, 2021?

When the police or excise officer requests non-release on fine with reasons and the Magistrate is satisfied.

What punishment is given for a second conviction under Section 37 according to Rule 18(4) of the Bihar Prohibition and Excise Rules, 2021?

Simple imprisonment for a period of one year.

What happens if the accused cannot immediately pay the fine under Rule 18(5) of the Bihar Prohibition and Excise Rules, 2021?

The Executive Magistrate may commit him to judicial custody until the fine is paid.

Is the penalty refundable under Rule 18(6) of the Bihar Prohibition and Excise Rules, 2021?

No, the penalty is non-refundable regardless of the outcome of the trial before the Special Court.

What may be done if liquor or intoxicant is recovered from the accused under Rule 18(7) of the Bihar Prohibition and Excise Rules, 2021?

The Executive Magistrate may order destruction of the liquor or intoxicant under Sections 57 and 57A of the Act.

What happens to vehicles or premises from where liquor is recovered under Rule 18(7) of the Bihar Prohibition and Excise Rules, 2021?

They may be subjected to penalty or confiscation through separate proceedings under the Act and Rules.

What does Rule 10 of the Bihar Prohibition and Excise (Amendment) Rules, 2022 provide for?

Rule 10 provides for insertion of a new Rule 18A after Rule 18 in the Bihar Prohibition and Excise Rules, 2021.

What is the subject matter of Rule 18A inserted in the Bihar Prohibition and Excise Rules, 2021?

Transfer and disposal of cases under Section 37 of the Act.

Which authority shall dispose of offences under Section 37 according to Rule 18A(1) of the Bihar Prohibition and Excise Rules, 2021?

Executive Magistrates who have been conferred the powers of Judicial Magistrate Second Class by the Patna High Court.

Before which court will Section 37 cases no longer be filed under Rule 18A(1)?

Before the Special Courts.

What duty is imposed on the District Magistrate under Rule 18A(2) of the Bihar Prohibition and Excise Rules, 2021?

To recommend names of Executive Magistrates along with their jurisdiction to the State Government for conferment of powers.

What role does the State Government play under Rule 18A(2) of the Bihar Prohibition and Excise Rules, 2021?

The State Government sends the proposal to the Patna High Court for conferment of powers on Executive Magistrates.

What action must be taken after the Patna High Court confers powers under Rule 18A(3) of the Bihar Prohibition and Excise Rules, 2021?

The District Magistrate shall take over Section 37 cases pending before Special Courts.

How shall pending cases under Section 37 be identified under Rule 18A(3) of the Bihar Prohibition and Excise Rules, 2021?

The District Magistrate shall prepare a list of such cases in consultation with the District and Sessions Judge.

Within what time must the cases be taken over under Rule 18A(3) of the Bihar Prohibition and Excise Rules, 2021?

Within 30 days from the date of conferment of powers by the Patna High Court.

What must the District Magistrate do with the transferred cases under Rule 18A(4) of the Bihar Prohibition and Excise Rules, 2021?

Distribute them among the Executive Magistrates who have been duly empowered by the Patna High Court.

How shall the Executive Magistrates dispose of the transferred cases under Rule 18A(5) of the Bihar Prohibition and Excise Rules, 2021?

According to the provisions of the Act.

What happens if the accused has already undergone 30 days of imprisonment under Rule 18A(5)?

The Executive Magistrate may close the proceedings after issuing summons to the accused.

What happens if the accused has not completed 30 days of imprisonment under Rule 18A(5)?

The Executive Magistrate may issue summons and close the proceedings after payment of the required penalty.

Who will handle Section 37 cases until powers are conferred on Executive Magistrates under Rule 18A(6)?

The Special Courts.

Which cases will continue to be handled by Special Courts under Rule 18A(6)?

Cases filed on or after 1 April 2022 until Executive Magistrates receive powers.

How will cases filed before 1 April 2022 be disposed of under Rule 18A(6)?

Special Courts shall dispose of them as per Rule 18 read with Rule 18A(5) until Executive Magistrates take over.

What does Rule 11 of the Bihar Prohibition and Excise (Amendment) Rules, 2022 provide for?

Rule 11 provides for insertion of a new Rule 18B after Rule 18A in the Bihar Prohibition and Excise Rules, 2021.

What is the subject matter of Rule 18B inserted in the Bihar Prohibition and Excise Rules, 2021?

Arrest, investigation and related procedures for offences other than those under Section 37.

Which laws apply to cases other than Section 37 under Rule 18B of the Bihar Prohibition and Excise Rules, 2021?

The Code of Criminal Procedure, 1973, the Indian Evidence Act, 1872 and the Bihar Police Manual.

To which procedural matters do these laws apply under Rule 18B of the Bihar Prohibition and Excise Rules, 2021?

Arrest, investigation, submission of charge sheet, supervision and related proceedings.

Under what condition do these laws apply under Rule 18B of the Bihar Prohibition and Excise Rules, 2021?

They apply unless otherwise expressly provided in the Act or the Rules.

What does Rule 12 of the Bihar Prohibition and Excise (Amendment) Rules, 2022 provide for?

Rule 12 provides for substitution of Rule 19 of the Bihar Prohibition and Excise Rules, 2021.

What is the subject matter of substituted Rule 19 of the Bihar Prohibition and Excise Rules, 2021?

Bail in case of an offence committed under Section 54(2) of the Act.

Which provision governs bail under Rule 19 of the Bihar Prohibition and Excise Rules, 2021?

Section 436 of the Code of Criminal Procedure, 1973.

For which offence does Rule 19 allow bail under the Bihar Prohibition and Excise Rules, 2021?

For a first-time offence under Section 54(2) of the Bihar Prohibition and Excise Act, 2016.

What is required to establish identity for release on bail under Rule 19 of the Bihar Prohibition and Excise Rules, 2021?

A valid photo identity card along with the bail bond.