(2) No distillery, brewery or pot-still be constructed or worked except under the authority and subject to the terms and conditions of a licence granted in that behalf by the Excise commissioner.
(Inserted vide Rajasthan Act. No. 28 of 1952 )
Subject to such restrictions or conditions as the 2[State Government] may impose, the Excise Commissioner may-
(a) establish a distillery or pot-still in which spirit may be manufactured under a Licence granted under this Act;
(b) discontinue any distillery or pot-still so established;
(c) Licence the construction and working of a distillery or pot-still or brewery on such conditions as the 1[State Government] may impose;
(d) establish or Licence a warehouse wherein any excisable article may be deposited and kept without payment of duty; and
(e) discontinue any warehouse so established.
No excisable article shall be removed from any distillery, brewery pot-still, warehouse or other place of storage established or licensed under this Act unless the duty (if any) payable therefore under this Act has been paid or a bond has been executed for the payment thereof.
(1) No person not being licenced to manufacture, cultivate, collect or sell any excisable article, shall have in his possession any quantity of such article in excess of such quantity as the 2[State Government] has, under Section 5, declared to be the limit of sale by retail, except under a permit granted by the Excise Commissioner 1[or by an Excise Officer duly empowered in that behalf].
(2) Sub-section (1) shall not extend to
(a) any foreign liquor (other than denatured spirit) in the possession of any common carrier or warehouse man as such, or
(b) 3[Omitted]
(Omitted vide Rajasthan Act. No. 22 of 1958 )
(3) A licenced vendor shall not have in his possession at any place other than that authorised by his Licence, any quality of any excisable article in excess of such quantity as the 1[State Government] has under Section 5 declared to be the limit of sale by retail, except under a permit granted by the Excise Commissioner 5[or by an Excise Officer duly empowered in that behalf].
(4) Notwithstanding anything contained in the foregoing sub-sections, the 4[State Government] may by notification in the 4[Official Gazette] prohibit or restrict the possession by any person or class of persons, or subject to such exceptions as may be specified in the notification, by all persons 1[in those parts of the State of Rajasthan to which this Act extends] or any specified area or areas thereof, of any excisable articles either absolutely or subject to such conditions, as it may prescribe.
(Substituted vide Rajasthan Act. No. 38 of 1957)
(Substituted vide Rajasthan Act. No. 38 of 1957)
20. Sale of excisable articles without Licence prohibited.
No excisable article shall be sold without a Licence from the Excise Commissioner 5[or any Excise Officer duly empowered in that behalf];
Provided that-
(1) a person licensed under this Act to cultivate or collect the hemp plant (Cannabis Sativa) may sell without a Licence those portions of the plant from which any intoxicating drugs can be manufactured to any person licensed under this Act to deal in the same or to any office whom the Excise Commissioner may prescribe;
(2) a licence for sale in more than one district of those parts of the State of Rajasthan to which this Act extends shall be granted with the previous approval of the 1[State Government]; and
(3) nothing in this section applies to the sale of any foreign liquor legally procured by any person for his private use and sold by him or by auction on his behalf or on behalf of his representatives in interest upon his quitting a station or after his decease.
(Inserted vide Rajasthan Act. No. 28 of 1952 )
21. Sale of excisable article. -
No liquor shall be bottled for sale, and no, excisable article shall be sold, otherwise than in accordance with the terms and conditions a Licence granted in that behalf.
22. Prohibition of sale, etc. to certain persons or in certain manner or circumstances.
(1) No licenced vendor and no person in the employ of 6[such vendor or acting] on his behalf hall sell or deliver any liquor or intoxicating drug -
(a) to any person apparently under the age of 18 years, or
(b) to any person of unsound mind, or
(c) to any soldier on duty and in uniform except with the permission of the proper officer of the unit to which the soldier belongs.
Explanation.
The provisions of this sub-section apply whether the liquoror intoxicating drugs is sold or delivered to a person for consumption by himself or by any other person and whether the sale or delivery is for consumption on the premises of the vendor or otherwise.
(2) No such vendor or person as aforesaid shall sell or deliver any liquor or intoxicating drug in exchange whether wholly or in part, for jewellery, clothes, arms or household utensils.
(Substituted vide Rajasthan Act. No. 28 of 1961)
23. Prohibition of employment of children under the age of 18 years, or women and of certain other persons.-
(Inserted vide Rajasthan Act. No. 28 of 1952)
Subject to the provisions of Section 31, the Excise Commissioner may order the grant to any person of a Licence for the exclusive privilege-
(1) of manufacturing or of supplying by wholesale, or of both, or
(2) of selling by wholesale or by retail; or
(3) of manufacturing or of supplying by wholesale or of both and of selling by retail, any Country Liquor, 3[Foreign Liquo]r or intoxicating drug within any local area of 2[those parts of the State of Rajasthan to which this Act extends.
(Inserted vide Rajasthan Act. No. 08 of 1982)
[25. [***]
Subject to the conditions of his Licence, the grantee of any exclusive privilege may let or assign the whole or any portion of his privilege; but no lessee or assignee of such privilege or portion of a privilege shall exercise any rights as such unless and until a Licence has been granted to him by the Excise Commissioner on application made by the grantee.
27. Recovery by grantee of exclusive privilege of sums due to him.
Any grantee lessee or assignee as aforesaid may recover from any person holding under him any money due to him in his capacity of a grantee, lessee or assignee, as if it were an arrear of rent recoverable under the law for the time being in force with regard to land - holder and tenant: Provided that nothing contained in this section shall affect the right of any such grantee, lessee or assignee to recover by civil suit any such amount due to him from any such person as aforesaid.