Every person who manufactures or sells any excisable article under a licence granted under this Act, shall be bound-
(a) to supply himself with such measures, weights and instruments, as the Excise Commissioner may prescribe and to keep the same in good condition; and
(b) when such measures, weights and instruments have been prescribed, on the requisition of any Excise Officer duly empowered in that behalf, at any time to measure, weight or test any excisable article in his possession in such manner, as the said Excise Officer may require.
All excise revenue, including all amounts due to the 1[State Government] by any person on account of any contract relating to excise revenue, may without prejudice to any other mode of recovery, be recovered from the person primarily liable to pay the same or from his surety (if any), as arrears of land revenue or in the manner provided for the recovery of public demands by any law for the time being in force, in case of default made by a holder of a licence the Excise Commissioner 2[or an Excise Officer duly empowered in that behalf] may take the grant for which the licence has been given under management at the risk of the defaulter, or declare the grant forfeited and result it at the rest and the loss of the defaulter. When a grant is under management under this section, the Excise Commissioner or an Excise Officer duly empowered in that behalf may recover as excise revenue any moneys due to the defaulter by any lessee or assignee:
Provided that no licence for an exclusive privilege granted under Section 14 shall be forfeited or re-sold without the sanction of the authority granting the licence. 3[Provided further that notwithstanding anything to the contrary contained in any law for the time being in force the amount recoverable under this section shall be the first charge on the property of such person liable for payment of said amount].
(1. Substituted vide Rajasthan Act. No. 38 of 1957
2. Inserted vide Rajasthan Act. No. 28 of 1952
3. Added vide Rajasthan Act. No. 08 of 1998)
4[40-A. Special mode of the recovery. -
(1) Not withstanding anything contained in the Act any law, for the time being in force or contract to the contrary, the District Excise Officer may, at any time or from time to time, by notice in writing, a copy of which shall be sent to the defaulter at his address last known to the District Excise Officer, require,-
(a) any person from whom any amount is due or may become due to the defaulter who has failed to pay due amount on the demand by the District Excise Officer, or
(b) any person who holds or may subsequently hold any money for or on account of such defaulter, to pay, into the Government Treasury or the bank authorised to receive money on behalf of the 1[State Government], in the manner specified in the notice, either forthwith or upon the money becoming due from him or being held by him, within the time specified in the notice (not being before the money becomes due or is held), so much of the money as is sufficient to pay the amount due from the defaulter or the whole of the money when it is equal to or less than amount.
(2) The authority issuing a notice under (Sub-section (1) may, at any time or from time to time, amend or revoke any such notice or extend the time upto three months for making any payment in pursuance of this notice.
(3) Any person making any payment in compliance with a notice issued under Sub - section (1) shall be deemed to have made the payment under the authority of the defaulter, and the treasury receipt or the challan of the bank for such payment shall constitute a good any sufficient proof of discharge of the liability of such person to the extent of the amount specified in the receipt or the challan.
(4) Any person discharging any liability to the defaulter after service on him of the notice issued under Sub-section (1) shall be personally liable to the State Government to the extent of the liability discharged, or to the extent of the amount of demand, whichever is less.
(5) Where a person to whom a notice under Sub-section (1) is sent proves to the satisfaction of the District Excise Officer that the money demanded or any part thereof is not due to the defaulter or that he does not hold any money for or on account of the defaulter, then nothing contained in this section shall be deemed to be required such person to pay any such money or part thereof, as the case may be, to the District Excise Officer.
(6) The provisions of this section shall be without prejudice to any action that may be, taken for the recovery of the arrears.
(4. Inserted vide Rajasthan Act. No. 05 of 2001)
41. Power of State Government to make rules.
(1) The State Government may make rules for the purpose of carrying out the provisions of this Act or other law for the time being in force relating to excise revenue.
(2) In particular and without prejudice to the generality of the foregoing provisions, the State Government may make rules-
(a) regulating the delegation of any powers by the Excise Commissioner;
(b) prescribing the powers and duties of officers of the Excise Department; (c) regulating the manner in which appeals shall be made to the Excise Commissioner; (d) regulating the import, export, transport or possession of any excisable article 1[or molasses or lanced poppy heads];
(e) regulating the period and localities for which and the person to whom Licences for the vend by wholesale or by retail of any excisable article may be granted;
(f) prescribing the procedure to be followed and the matters to be ascertained before any licence for such vend is granted for any locality;
(g) for the prohibition of the sale of any excisable article to any person or class of persons; (h) for the grant of expenses to witnesses and compensation for loss of time to persons released under Section 44 on the ground that they have been improperly arrested and to persons charged before a Magistrate with offence punishable under this Act but acquitted; (i) regulating the power of Excise Officer to summon witnesses from a distance under the provisions of Section 44;
(j) for declaring the Excise Officers to whom, and the manner in which information and aid should be given under Section 50;
(k) for the prohibition of the employment by the licence-holder of any person or class of persons to assist in his business in any capacity whatsoever;
(l) for the prevention of drunkenness, gambling or disorderly conduct in or near any licensed premises, and the meeting or remaining of persons of bad character in such premises;
1[(m) for the grant and distribution of rewards to informers and Government servants];
2[(n) prohibiting the printing, publishing or otherwise displaying or distributing any advertisement or other matter commending or soliciting the use of, or offering any intoxicant or calculated to encourage or incite any, individual or class of individuals or the public generally to commit an offence under this Act, or to commit a breach or evade the provisions of any rule or order made thereunder, or the conditions of any licence, permit or pass obtained thereunder.
(o) prohibiting within the State the circulation, distribution or sale of any newspaper, book, leaf let, book-let or other publication printed and published outside the State which contains any advertisement matter of the nature described in Clause (n); and
(p) declaring any newspaper, book, leaf-let, book-let or other publication wherever printed or published containing any advertisement or matter commending or the use of or offering any intoxicant, to be forfeited to the State Government].
(3) The power conferred by this section for making rules is subject to the condition that the rules shall be made after previous publication:
Provided that any such rule may be made without previous publication if the 1[State Government] considers that it should be brought into force at once.
(Inserted vide Rajasthan Act. No. 08 of 1985 then substituted vide Rajasthan Act. No. 01 of 1986 )
(1. Inserted vide Rajasthan Act. No. 22 of 1958
2. Added vide Rajasthan Act. No. 03 of 1966)
The Excise Commissioner may subject to the previous sanction of the 1[State Government] make rules-
(a) regulating the manufacture, supply, storage or sale of any excisable article including-
(i) the erection, alteration, repair, inspection, supervision, management and control of any place for the manufacture, supply, storage or sale of such article or drug and the fittings, implements and apparatus to be maintained therein;
(ii) the cultivation of the hemp plant (Cannabis Sativa);
(iii) the collection of portions of the hemp plants (Cannabis Sativa) from which many intoxicating drugs can be manufactured and the manufacture of any intoxicating drug therefrom;
3[(iv) the bottling of liquor for the purpose of sale];
(b) regulating the deposit of any excisable article in a warehouse and the removal thereof from any such warehouse or from any distillery, pot-still or brewery;
(c) prescribing the scale of fees or the manner of fixing the fees payable in respect of any licence, permit or pass or of the storing of any excisable article:
Fees may be prescribed under this sub-clause at different rates for different classes of licence, permits, passes or storage and for different areas.
(d) regulating the time, place and manner of payment of any duty or fee;
(e) prescribing the restrictions under and the conditions on which any licence, permit or pass may be granted including provisions for the following matters-
(i) the prohibition of the admixture with any excisable article of any substance deemed to be noxious or objectionable;
(ii) the regulation or prohibition of the reduction of liquor by a licensed manufacturer or licensed vendor from a higher to a lower strength;
(iii) the fixing of the strength, price or quantity in excess of or below which any excisable article shall not be sold or supplied or possessed and of the quantity in excess of which denatured spirit shall not be possessed, and the prescription of a standard of quality or any excisable article:
(iv) the prohibition of sale except for cash;
(v) the fixing of the days and hours during which any licensed premises mayor may not be kept open, and the closure of such premises on special occasions;
(vi) the specification of the nature of the premises in which any excisable article may be sold and the notices to be exposed at such premises;
(vii) the form of accounts, to be maintained and the returns to be submitted by licence holders; and
(viii) the regulation of the transfer of Licences;
(f) (i) declaring 1[substance and the process] by which spirit manufactured in India shall be denatured;
(ii) for causing such spirit to be denatured through the agency or under the supervision of Excise Officers;
(iii) for ascertaining whether such spirit has been denatured;
(g) providing for the destruction or other disposal of any excisable article deemed to be unfit for use;
(h) regulating the disposal of confiscated articles.2[;]
2[(i) Prescribing the norms of production of excisable articles from any king of raw material]
(3. Inserted vide Rajasthan Act. No. 28 of 1961)