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THE BIHAR PROHIBITION AND EXCISE ACT, 2016 |
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ACT 20 OF 2016 |
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AS AMENDED BY: Amendment of the Bihar Prohibition and Excise Act, 2016. Bihar Prohibition and Excise (Amendment and Validation) Act, 2020 |
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What is the name of the Act enacted as Bihar Act 20, 2016? |
It is the Bihar Prohibition and Excise Act, 2016. |
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What is the primary objective of the Bihar Prohibition and Excise Act, 2016? |
To enforce, implement and promote complete prohibition of liquor and intoxicants in the territory of the State of Bihar. |
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What else does the Bihar Prohibition and Excise Act, 2016 regulate apart from prohibition? |
Matters connected therewith or incidental thereto. |
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Why was the Bihar Prohibition and Excise Act, 2016 enacted according to the preamble? |
To provide for a uniform law relating to prohibition and regulation of liquor and intoxicants in the State of Bihar. |
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What fiscal aspect relating to liquor and intoxicants is provided under the Bihar Prohibition and Excise Act, 2016? |
The levy of duties on liquor and intoxicants. |
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What legal consequence is addressed by the Bihar Prohibition and Excise Act, 2016 for violation of its provisions? |
Punishment for violation of the law relating to prohibition and regulation of liquor and intoxicants. |
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Who enacted the Bihar Prohibition and Excise Act, 2016? |
The Legislature of the State of Bihar. |
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In which year of the Republic of India was the Bihar Prohibition and Excise Act, 2016 enacted? |
In the Sixty-Seventh year of the Republic of India. |
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Which Act is amended by the Bihar Prohibition and Excise (Amendment) Act, 2018? |
The Bihar Prohibition and Excise Act, 2016 (Bihar Act 20, 2016). |
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What is the short title of the amending legislation enacted in 2018? |
The Bihar Prohibition and Excise (Amendment) Act, 2018. |
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Which legislative body enacted the Bihar Prohibition and Excise (Amendment) Act, 2018? |
The Legislature of the State of Bihar. |
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In which year of the Republic of India was the Bihar Prohibition and Excise (Amendment) Act, 2018 enacted? |
In the Sixty Ninth year of the Republic of India. |
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What does the Bihar Prohibition and Excise (Amendment and Validation) Act, 2020 deal with? |
Amendment and validation of the Bihar Prohibition and Excise Act, 2016. |
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Which Act is amended by the Bihar Prohibition and Excise (Amendment and Validation) Act, 2020? |
The Bihar Prohibition and Excise Act, 2016. |
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What is the short title of the amending legislation enacted in 2020? |
The Bihar Prohibition and Excise (Amendment and Validation) Act, 2020. |
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Which legislative body enacted the Bihar Prohibition and Excise (Amendment and Validation) Act, 2020? |
The Legislature of the State of Bihar. |
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In which year of the Republic of India was the Bihar Prohibition and Excise (Amendment and Validation) Act, 2020 enacted? |
In the Seventy First year of the Republic of India. |
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CHAPTER-I |
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PRELIMINARY |
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What does Section 1 of the Bihar Prohibition and Excise Act, 2016 deal with? |
Section 1 deals with the short title, extent and commencement of the Act. |
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What is the short title of the Act under Section 1(1) of the Bihar Prohibition and Excise Act, 2016? |
The short title is the Bihar Prohibition and Excise Act, 2016. |
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To which territory does the Bihar Prohibition and Excise Act, 2016 extend under Section 1(2)? |
It extends to the whole of the State of Bihar. |
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When does the Bihar Prohibition and Excise Act, 2016 come into force under Section 1(3)? |
It comes into force on the day of its publication in the Official Gazette. |
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What is the short title of the amendment made to the Bihar Prohibition and Excise law in 2018? |
It is called the Bihar Prohibition and Excise (Amendment) Act, 2018. |
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When does the Bihar Prohibition and Excise (Amendment) Act, 2018 come into force? |
It comes into force at once. |
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To which cases do the provisions of the Bihar Prohibition and Excise (Amendment) Act, 2018 apply? |
They apply to all pending cases. |
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What is the short title of the amendment made to the Bihar Prohibition and Excise law in 2020? |
It is called the Bihar Prohibition and Excise (Amendment and Validation) Act, 2020. |
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From which date is the Bihar Prohibition and Excise (Amendment and Validation) Act, 2020 deemed to have come into force? |
It is deemed to have come into force from 02.10.2016. |
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What does Section 2 of the Bihar Prohibition and Excise Act, 2016 deal with? |
It deals with definitions used in the Act. |
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What does the term “Act” mean under Section 2(1) of the Bihar Prohibition and Excise Act, 2016? |
“Act” means the Bihar Prohibition and Excise Act, 2016. |
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What does “Alcohol” mean under Section 2(2) of the Bihar Prohibition and Excise Act, 2016? |
Ethyl alcohol which is a colourless volatile flammable organic liquid produced by natural or yeast fermentation of sugars and is the intoxicating constituent of wine, beer, spirits and other alcoholic beverages and is also used as an industrial solvent and fuel. |
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What does the term “alcoholic” mean under Section 2(3) of the Bihar Prohibition and Excise Act, 2016? |
A solution or mixture containing alcohol of any strength and purity. |
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What is meant by “alcoholic beverage or potable liquor” under Section 2(4) of the Bihar Prohibition and Excise Act, 2016? |
Any beverage containing alcohol conforming to BIS standards which may be intoxicating and is fit for human consumption. |
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What is “beer” under Section 2(5) of the Bihar Prohibition and Excise Act, 2016? |
Liquor prepared from malt or grain with or without addition of sugar and hops and includes beer, ale, stout, porter and similar substances. |
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What do “BIS standards” mean under Section 2(6) of the Bihar Prohibition and Excise Act, 2016? |
Standards prescribed by the Bureau of Indian Standards or by any other Central Government authority constituted under the relevant Act. |
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What does “Board” mean under Section 2(7) of the Bihar Prohibition and Excise Act, 2016? |
The Board of Revenue. |
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What is meant by “black jaggery” under Section 2(8) of the Bihar Prohibition and Excise Act, 2016? |
Coarse brown sugar made from palm or cane juice ordinarily unfit for human consumption but containing sufficient fermentable sugar for manufacture of ethyl alcohol. |
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What does “blending” mean under Section 2(9) of the Bihar Prohibition and Excise Act, 2016? |
Mixing of two or more spirits which may be of different strengths and different qualities. |
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What is a “bonded warehouse” under Section 2(10) of the Bihar Prohibition and Excise Act, 2016? |
A licensed private bonded warehouse or part of a public bonded warehouse established under the Act for storing liquor on which duty has not been paid. |
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What does “to bottle” mean under Section 2(11) of the Bihar Prohibition and Excise Act, 2016? |
Transfer of liquor from a cask or other vessel to a bottle or other receptacle for the purpose of sale whether rectification is employed or not and includes re-bottling. |
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What is a “bottling plant” under Section 2(12) of the Bihar Prohibition and Excise Act, 2016? |
Premises where bottling of liquor is done and includes every place therein where liquor is stored or from where it is issued. |
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What is a “brewery” under Section 2(13) of the Bihar Prohibition and Excise Act, 2016? |
Premises where beer is manufactured and includes every place therein where beer is stored or from where it is issued. |
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What does “compounding” mean under Section 2(14) of the Bihar Prohibition and Excise Act, 2016? |
Manufacture of alcoholic beverage by addition to spirit of flavoring or coloring matter or both. |
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Who is meant by “Collector” under Section 2(15) of the Bihar Prohibition and Excise Act, 2016? |
The Collector-cum-District Magistrate of a district and includes the Additional Collector-cum-Additional District Magistrate, Deputy Collector or any person appointed by the Government to exercise the powers and perform the functions of the Collector-cum-District Magistrate under the Act. |
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What is meant by “country or traditional liquor” under Section 2(16) of the Bihar Prohibition and Excise Act, 2016? |
Plain or spiced spirit made from mahua, rice, gur, molasses or grains. |
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What other form of liquor is included in “country or traditional liquor” under Section 2(16) of the Bihar Prohibition and Excise Act, 2016? |
Plain or spiced spirit made from silent spirit or extra neutral alcohol. |
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What fermented drink is specifically included within “country or traditional liquor” under Section 2(16) of the Bihar Prohibition and Excise Act, 2016? |
Tari. |
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Which traditional fermented liquors are included in “country or traditional liquor” under Section 2(16) of the Bihar Prohibition and Excise Act, 2016? |
All fermented liquors including pachwai made from mahua, rice, millet or other grains according to native processes. |
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What does “De-addiction Center” mean under Section 2(17) of the Bihar Prohibition and Excise Act, 2016? |
A center set up by the State Government to treat addicts of their addiction. |
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What is a “denaturant” under Section 2(18) of the Bihar Prohibition and Excise Act, 2016? |
Any substance prescribed by rules under the Act for admixture with spirit to render it unfit for human consumption as a beverage, medicine or in any other way. |
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What does “to denature” mean under Section 2(19) of the Bihar Prohibition and Excise Act, 2016? |
Mixing spirit with one or more denaturants in the prescribed manner under the rules. |
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What is meant by “denatured spirit” under Section 2(19) of the Bihar Prohibition and Excise Act, 2016? |
Spirit mixed with one or more denaturants as prescribed under the rules. |
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What is a “Distillery” under Section 2(20) of the Bihar Prohibition and Excise Act, 2016? |
Premises where spirit or ethanol is manufactured including every place therein where it is stored or from where it is issued. |
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What does “duty” mean under Section 2(21) of the Bihar Prohibition and Excise Act, 2016? |
Excisable duty or countervailing duty as mentioned in Entry 51 of List II of the Seventh Schedule of the Constitution. |
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What are “excisable articles or items” under Section 2(22)(i) of the Bihar Prohibition and Excise Act, 2016? |
Any liquor or intoxicant as defined under the Act. |
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What are “excisable articles or items” under Section 2(22)(ii) of the Bihar Prohibition and Excise Act, 2016? |
Any intoxicating drug. |
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What are “excisable articles or items” under Section 2(22)(iii) of the Bihar Prohibition and Excise Act, 2016? |
Any intermediate or final product that serves as raw material for alcohol. |
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What are “excisable articles or items” under Section 2(22)(iv) of the Bihar Prohibition and Excise Act, 2016? |
Any item or substance that can be used as a substitute for alcohol. |
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What are “excisable articles or items” under Section 2(22)(v) of the Bihar Prohibition and Excise Act, 2016? |
Any item or substance that can be used or consumed for the purposes of intoxication. |
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Who is the “Excise Commissioner” under Section 2(23) of the Bihar Prohibition and Excise Act, 2016? |
The officer appointed under Section 5 of the Act. |
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Who is an “Excise Officer” under Section 2(24) of the Bihar Prohibition and Excise Act, 2016? |
The Collector or any officer appointed under Section 6 of the Act. |
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What does “excise revenue” mean under Section 2(25) of the Bihar Prohibition and Excise Act, 2016? |
Revenue derived or derivable from any duty, fee, tax, payment (other than a fine imposed by a criminal court) or confiscation under the Act or any law relating to liquor or intoxicating drugs. |
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What does “ethanol” mean under Section 2(26) of the Bihar Prohibition and Excise Act, 2016? |
A clear, colorless and homogeneous liquid consisting essentially of ethyl alcohol admixed with not more than 0.5% by volume of water and conforming to BIS standards. |
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What does “export” mean under Section 2(27) of the Bihar Prohibition and Excise Act, 2016? |
To take out of the State of Bihar otherwise than across a customs frontier as defined by the Central Government. |
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What is meant by “export out of India” under Section 2(28) of the Bihar Prohibition and Excise Act, 2016? |
Taking out of the State of Bihar to any place outside India. |
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What does “extra neutral alcohol or silent spirit” mean under Section 2(29) of the Bihar Prohibition and Excise Act, 2016? |
Spirit as may be specified by the relevant Central Government authority. |
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What is meant by “Family” under Section 2(30) of the Bihar Prohibition and Excise Act, 2016? |
A man and his wife living together in a house along with their dependent children. |
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What does “fermented liquor” mean under Section 2(31) of the Bihar Prohibition and Excise Act, 2016? |
Liquor obtained by the process of fermentation including beer, ale, stout, porter, wine, pachwai, fermented tari and similar liquors. |
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What is “foreign liquor” under Section 2(32) of the Bihar Prohibition and Excise Act, 2016? |
Any liquor imported into India by land, air or sea. |
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What is meant by “final product” under Section 2(33) of the Bihar Prohibition and Excise Act, 2016? |
The end product of a process along with by-products generated by a bottling plant, distillery, molasses manufactory or other manufactory including liquor, intoxicant, intoxicating drugs, spirit, molasses, ethanol, extra neutral spirit and other alcoholic substances. |
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What does “hemp plant” mean under Section 2(34) of the Bihar Prohibition and Excise Act, 2016? |
Any plant of the genus cannabis. |
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What is meant by “hologram and holographic sticker” under Section 2(35) of the Bihar Prohibition and Excise Act, 2016? |
A label approved by the Excise Commissioner containing the batch number of each bottling operation along with the name of the manufacturer and the brand. |
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What are holographic stickers under Section 2(35) of the Bihar Prohibition and Excise Act, 2016? |
Stickers supplied on payment of cost by the manufacturer to authorized printers through the Excise Commissioner. |
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What does “illicit liquor” mean under Section 2(36) of the Bihar Prohibition and Excise Act, 2016? |
Liquor manufactured, stored, distributed or sold in contravention of the Act or rules or liquor on which appropriate duty or fee has not been paid. |
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What else is included within “illicit liquor” under Section 2(36) of the Bihar Prohibition and Excise Act, 2016? |
Foreign liquor on which appropriate duty or customs has not been paid. |
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What does “import” mean under Section 2(37) of the Bihar Prohibition and Excise Act, 2016? |
Bringing into the State of Bihar otherwise than across a customs frontier as defined by the Central Government. |
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What is meant by “import into India” under Section 2(38) of the Bihar Prohibition and Excise Act, 2016? |
Bringing into the State of Bihar from any place outside India. |
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What is “Indian made foreign liquor” under Section 2(39) of the Bihar Prohibition and Excise Act, 2016? |
Liquor manufactured in India by distillation or using distilled alcohol such as whiskey, brandy, rum, gin, vodka, liqueurs, beer and other low alcoholic beverages. |
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What is excluded from the definition of “Indian made foreign liquor” under Section 2(39) of the Bihar Prohibition and Excise Act, 2016? |
Foreign liquor and country liquor. |
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What does “intoxicant” include under Section 2(40)(i) of the Bihar Prohibition and Excise Act, 2016? |
Liquor. |
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What does “intoxicant” include under Section 2(40)(ii) of the Bihar Prohibition and Excise Act, 2016? |
Spirit including silent spirit or extra neutral alcohol. |
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What does “intoxicant” include under Section 2(40)(iii) of the Bihar Prohibition and Excise Act, 2016? |
Methyl alcohol. |
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What does “intoxicant” include under Section 2(40)(iv) of the Bihar Prohibition and Excise Act, 2016? |
Ethanol whether denatured or not. |
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What does “intoxicant” include under Section 2(40)(v) of the Bihar Prohibition and Excise Act, 2016? |
Any substance from which liquor may be distilled and declared by the State Government by notification in the Official Gazette to be an intoxicant. |
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What does “intoxicant” include under Section 2(40)(vi) of the Bihar Prohibition and Excise Act, 2016? |
Intoxicating drug. |
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What does “intoxicant” include under Section 2(40)(vii) of the Bihar Prohibition and Excise Act, 2016? |
Medicinal preparation as defined under the Medicinal and Toilet Preparations (Excise Duties) Act, 1955. |
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What does “intoxicant” include under Section 2(40)(viii) of the Bihar Prohibition and Excise Act, 2016? |
Any preparation or ingredient whether solid, semi-solid, liquid, semi-liquid or gaseous used or consumed for the purpose of intoxication and serving as alcohol or a substitute for alcohol. |
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What does “intoxicating drug” mean under Section 2(41) of the Bihar Prohibition and Excise Act, 2016? |
Intoxicating drug includes specified forms of cannabis and other substances declared by the State Government under the Act. |
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What substances are included in “intoxicating drug” under Section 2(41)(i) of the Bihar Prohibition and Excise Act, 2016? |
Leaves, small stalks and flowering or fruiting tops of the Indian hemp plant (Cannabis Sativa L) including forms known as bhang, siddhi or ganja. |
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What is “charas” under Section 2(41)(ii) of the Bihar Prohibition and Excise Act, 2016? |
Resin obtained from the hemp plant not subjected to any manipulation other than that necessary for packing and transport. |
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What mixtures are included in “intoxicating drug” under Section 2(41)(iii) of the Bihar Prohibition and Excise Act, 2016? |
Any mixture with or without neutral materials of the specified forms of intoxicating drug or any drink prepared from them. |
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What additional substances may be declared as “intoxicating drug” under Section 2(41)(iv) of the Bihar Prohibition and Excise Act, 2016? |
Any intoxicating or narcotic substance declared by the State Government by notification. |
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What substances are excluded from being declared as “intoxicating drug” under Section 2(41)(iv) of the Bihar Prohibition and Excise Act, 2016? |
Opium, coca leaf or manufactured drugs as defined in Section 2 of the Narcotic Drugs and Psychotropic Substances Act, 1985. |
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What does “license” mean under Section 2(42) of the Bihar Prohibition and Excise Act, 2016? |
A license granted under the Act and the rules made thereunder. |
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Who is the “licensing authority” under Section 2(43) of the Bihar Prohibition and Excise Act, 2016? |
An officer authorized to grant, suspend and cancel license, permit and pass under the Act. |
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What does “liquor” include under Section 2(44) of the Bihar Prohibition and Excise Act, 2016? |
Country or traditional liquor, Indian Made Foreign Liquor and foreign liquor. |
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What preparations or ingredients are also included in “liquor” under Section 2(44) of the Bihar Prohibition and Excise Act, 2016? |
Any preparation or ingredient whether solid, semi-solid, liquid, semi-liquid or gaseous that may serve as alcohol or substitute for alcohol and is used or consumed for the purposes of getting intoxicated. |
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What does “manufactory” mean under Section 2(45) of the Bihar Prohibition and Excise Act, 2016? |
Any sugar mill, distillery, brewery, winery or establishment distilling, brewing, manufacturing, blending or bottling liquor or intoxicant. |
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What does “manufacture” include under Section 2(46)(i) of the Bihar Prohibition and Excise Act, 2016? |
Every natural or artificial process by which any intoxicant is produced or prepared including tapping of tari producing trees and drawing tari from trees. |
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What does “manufacture” include under Section 2(46)(ii) of the Bihar Prohibition and Excise Act, 2016? |
Redistillation. |
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What processes are included in “manufacture” under Section 2(46)(iii) of the Bihar Prohibition and Excise Act, 2016? |
Rectification, flavoring, blending or coloring of liquor and reduction of liquor for sale. |
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Who is a “manufacturer” under Section 2(47) of the Bihar Prohibition and Excise Act, 2016? |
Any person who manufactures liquor or intoxicants including a manufacturer of alcohol. |
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What does “methyl alcohol” mean under Section 2(48) of the Bihar Prohibition and Excise Act, 2016? |
A substance having the chemical formula CH3OH also known as methanol, carbinol or methyl hydrate and highly poisonous in nature. |
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What mixtures are included in “methyl alcohol” under Section 2(48) of the Bihar Prohibition and Excise Act, 2016? |
Any mixture containing not less than 0.05% by volume of methyl alcohol including wood naptha. |
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What is a “Molasses manufactory” under Section 2(49) of the Bihar Prohibition and Excise Act, 2016? |
Premises where molasses is manufactured including places where it is stored or issued and includes sugar mills. |
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What does “Notification” mean under Section 2(50) of the Bihar Prohibition and Excise Act, 2016? |
A notification issued under the Act or rules and published in the Official Gazette. |
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What is “pachwai” under Section 2(51) of the Bihar Prohibition and Excise Act, 2016? |
Fermented rice, millet or other grain whether mixed with liquid or not and any liquid obtained therefrom whether diluted or undiluted. |
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What is excluded from the definition of “pachwai” under Section 2(51) of the Bihar Prohibition and Excise Act, 2016? |
Beer. |
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What does “permit” mean under Section 2(52) of the Bihar Prohibition and Excise Act, 2016? |
An authorization granted under the Act or the rules made thereunder. |
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What does “place” include under Section 2(53) of the Bihar Prohibition and Excise Act, 2016? |
Building, house, shop, boat, booth, vessel, raft, vehicle, conveyance or tent enclosure. |
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What is meant by “Public Place” under Section 2(54) of the Bihar Prohibition and Excise Act, 2016? |
Any place to which the public has access whether as a matter of right or not including places visited by the public and any open space or transport whether public or private. |
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What does “police station” mean under Section 2(55) of the Bihar Prohibition and Excise Act, 2016? |
A police station as defined under clause (s) of Section 2 of the Code of Criminal Procedure, 1973. |
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What does “prescribed” mean under Section 2(56) of the Bihar Prohibition and Excise Act, 2016? |
Prescribed by rules made under the Act. |
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What does “Public Demand” mean under Section 2(57) of the Bihar Prohibition and Excise Act, 2016? |
Public demand as defined under the Bihar and Orissa Public Demands Recovery Act, 1914. |
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What is meant by “Premises” under Section 2(58) of the Bihar Prohibition and Excise Act, 2016? |
Land and constructions such as building, store, shop, hotel, restaurant, bar, booth or other structures including movable structures like vessel, raft and vehicle. |
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What does “rectification” mean under Section 2(59) of the Bihar Prohibition and Excise Act, 2016? |
Every process by which spirit is purified or colored or flavored by mixing any material with it. |
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What is “rectified spirit” under Section 2(60) of the Bihar Prohibition and Excise Act, 2016? |
Undenatured alcohol including absolute alcohol, extra neutral alcohol and alcohol derived from malt as specified by BIS standards. |
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What does “Rules” mean under Section 2(61) of the Bihar Prohibition and Excise Act, 2016? |
Rules made under the Act. |
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What are “relevant laws” under Section 2(62) of the Bihar Prohibition and Excise Act, 2016? |
The Indian Power Alcohol Act, 1948, the Motor Spirit Taxation Act, the Medicinal and Toilet Preparations (Excise Duties) Act, 1955, the Narcotic Drugs and Psychotropic Substances Act, 1985 and other Acts relevant to administration of the Act. |
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What does “special duty” mean under Section 2(63) of the Bihar Prohibition and Excise Act, 2016? |
A tax on the import of any excisable article on which countervailing duty as mentioned in Entry 51 of List II of the Seventh Schedule is leviable. |
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What does “special duty” mean under Section 2(63) of the Bihar Prohibition and Excise Act, 2016? |
A tax on the import of any excisable article on which countervailing duty mentioned in Entry 51 of List II of the Seventh Schedule to the Constitution of India is not imposable merely because such article is not manufactured or produced in the territory to which the Act extends. |
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What does “spirit” mean under Section 2(64) of the Bihar Prohibition and Excise Act, 2016? |
Any liquor containing alcohol obtained by distillation whether denatured or not. |
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What is meant by “spirituous preparation” under Section 2(65)(a) of the Bihar Prohibition and Excise Act, 2016? |
Any medicinal or toilet preparation containing alcohol. |
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What is meant by “spirituous preparation” under Section 2(65)(b) of the Bihar Prohibition and Excise Act, 2016? |
Any antiseptic preparation or solution containing alcohol. |
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What is meant by “spirituous preparation” under Section 2(65)(c) of the Bihar Prohibition and Excise Act, 2016? |
Any flavoring extract, essence or syrup containing alcohol. |
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What does “spurious liquor” mean under Section 2(66) of the Bihar Prohibition and Excise Act, 2016? |
Liquor adulterated with the object of causing intoxication and harmful to consumers. |
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What does “still” include under Section 2(67) of the Bihar Prohibition and Excise Act, 2016? |
Any apparatus or part thereof used for distillation or manufacture of spirit. |
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What is meant by “State Government” under Section 2(68) of the Bihar Prohibition and Excise Act, 2016? |
The State Government of Bihar. |
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What does “tari” mean under Section 2(69) of the Bihar Prohibition and Excise Act, 2016? |
Fermented or unfermented juice drawn from coconut, palmyra, date or other palm trees. |
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What is a “temporary structure” under Section 2(70) of the Bihar Prohibition and Excise Act, 2016? |
A structure not requiring foundation, easy to dismantle, easy to reconfigure and incapable of being completely sealed for purposes of the Act. |
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What does “transit” mean under Section 2(71) of the Bihar Prohibition and Excise Act, 2016? |
Movement from one State to another through the State of Bihar. |
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What does “transport” mean under Section 2(72) of the Bihar Prohibition and Excise Act, 2016? |
Removal from one place to another within the State of Bihar. |
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What is a “warehouse” under Section 2(73) of the Bihar Prohibition and Excise Act, 2016? |
A place where storage of liquor or intoxicant is permitted including the relevant part of a manufactory. |
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What does “wine” mean under Section 2(74) of the Bihar Prohibition and Excise Act, 2016? |
Fermented juice of grapes or other fruits with or without sugar or jaggery containing self-generated alcohol including fortified wine. |
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What is a “winery” under Section 2(75) of the Bihar Prohibition and Excise Act, 2016? |
Premises where wine is manufactured including every place therein where wine is stored or from where it is issued. |
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What does Section 3 of the Bihar Prohibition and Excise Act, 2016 deal with? |
Power of the State Government to declare certain items or substances as intoxicants. |
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Notwithstanding which provision can the State Government exercise power under Section 3 of the Bihar Prohibition and Excise Act, 2016? |
Notwithstanding anything mentioned under subsection (40) of Section 2 of the Act. |
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Who is empowered under Section 3 of the Bihar Prohibition and Excise Act, 2016 to declare certain items as intoxicants? |
The State Government. |
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By what method can the State Government declare items as intoxicants under Section 3 of the Bihar Prohibition and Excise Act, 2016? |
By notification. |
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What type of items may be declared as intoxicants under Section 3 of the Bihar Prohibition and Excise Act, 2016? |
Items, commodities or chemical ingredients that can be used as a substitute for alcohol. |
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For what purpose may items be declared as intoxicants under Section 3 of the Bihar Prohibition and Excise Act, 2016? |
For the purposes of the Act or any portion thereof. |
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Under what conditions may items be declared as intoxicants under Section 3 of the Bihar Prohibition and Excise Act, 2016? |
Subject to such restrictions or conditions as may be specified in the notification. |
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What does Section 4 of the Bihar Prohibition and Excise Act, 2016 deal with? |
Saving of certain Acts. |
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Which Act is saved from the operation of the Bihar Prohibition and Excise Act, 2016 under Section 4(a)? |
The Customs Act, 1962. |
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Which other Act is saved from the operation of the Bihar Prohibition and Excise Act, 2016 under Section 4(b)? |
The Cantonments Act, 2006. |
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What is the effect of Section 4 of the Bihar Prohibition and Excise Act, 2016 on the Customs Act, 1962 and the Cantonments Act, 2006? |
Nothing in the Bihar Prohibition and Excise Act, 2016 shall affect the provisions of these Acts. |
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CHAPTER-II |
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ESTABLISHMENT AND CONTROL |
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What does Section 5 of the Bihar Prohibition and Excise Act, 2016 deal with? |
Appointment of the Excise Commissioner. |
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Who has the power to appoint the Excise Commissioner under Section 5 of the Bihar Prohibition and Excise Act, 2016? |
The State Government. |
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By what method is the Excise Commissioner appointed under Section 5 of the Bihar Prohibition and Excise Act, 2016? |
By notification. |
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What is the responsibility of the Excise Commissioner under Section 5 of the Bihar Prohibition and Excise Act, 2016? |
The Excise Commissioner is responsible for the administration of the Act. |
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What does Section 6 of the Bihar Prohibition and Excise Act, 2016 deal with? |
Appointment of Excise Officers. |
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Who has the power to confer the powers of Excise Officer under Section 6 of the Bihar Prohibition and Excise Act, 2016? |
The State Government. |
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On whom may the State Government confer the powers of Excise Officer under Section 6 of the Bihar Prohibition and Excise Act, 2016? |
The Excise Commissioner. |
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Which Additional senior officers may be conferred the powers of Excise Officer under Section 6 of the Bihar Prohibition and Excise Act, 2016? |
Additional Commissioners and Joint Commissioners. |
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Which mid-level officers may be conferred the powers of Excise Officer under Section 6 of the Bihar Prohibition and Excise Act, 2016? |
Deputy Commissioners and Assistant Commissioners. |
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Which field-level officers may be conferred the powers of Excise Officer under Section 6 of the Bihar Prohibition and Excise Act, 2016? |
Excise Superintendents and Excise Deputy Superintendents. |
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Which inspecting authority may be conferred the powers of Excise Officer under Section 6 of the Bihar Prohibition and Excise Act, 2016? |
Inspectors. |
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Can the State Government confer the powers of Excise Officer on other officers and staff under Section 6 of the Bihar Prohibition and Excise Act, 2016? |
Yes, on such other officers and staff as it may deem fit. |
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For what purpose are the powers of Excise Officer conferred under Section 6 of the Bihar Prohibition and Excise Act, 2016? |
For performing the functions under the Act. |
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What does Section 7 of the Bihar Prohibition and Excise Act, 2016 deal with? |
Delegation and withdrawal of powers. |
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Who may delegate powers under Section 7(1) of the Bihar Prohibition and Excise Act, 2016? |
The State Government. |
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To whom may the State Government delegate its powers under Section 7(1) of the Bihar Prohibition and Excise Act, 2016? |
The Board, the Excise Commissioner or the Collector. |
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Under what conditions may the State Government delegate its powers under Section 7(1) of the Bihar Prohibition and Excise Act, 2016? |
Subject to such limitations and conditions as specified in the order of delegation. |
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Who has the authority to withdraw delegated powers under Section 7(2) of the Bihar Prohibition and Excise Act, 2016? |
The State Government. |
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How may the State Government withdraw delegated powers under Section 7(2) of the Bihar Prohibition and Excise Act, 2016? |
By an order. |
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From whom may the State Government withdraw delegated powers under Section 7(2) of the Bihar Prohibition and Excise Act, 2016? |
From any officer or person to whom such powers were delegated. |
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What powers may be withdrawn under Section 7(2) of the Bihar Prohibition and Excise Act, 2016? |
Any or all of the powers delegated. |
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What does Section 8 of the Bihar Prohibition and Excise Act, 2016 deal with? |
Role of the Collector. |
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Who is responsible for ensuring complete prohibition under Section 8(1) of the Bihar Prohibition and Excise Act, 2016? |
The Collector of the district. |
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What duty does the Collector have regarding administration of the Act under Section 8(1) of the Bihar Prohibition and Excise Act, 2016? |
The Collector must ensure administration of the Act within his jurisdiction. |
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What responsibility does the Collector have regarding prosecution of cases under Section 8(2) of the Bihar Prohibition and Excise Act, 2016? |
The Collector is responsible for all matters connected with effective prosecution of cases under the Act. |
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What powers does the Collector possess under Section 8(3) of the Bihar Prohibition and Excise Act, 2016? |
The Collector is competent to exercise the powers of an Excise Officer under the Act. |
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Who may confer the powers of the Collector on other officers under Section 8(4) of the Bihar Prohibition and Excise Act, 2016? |
The State Government. |
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By what method may the powers of the Collector be conferred on other officers under Section 8(4) of the Bihar Prohibition and Excise Act, 2016? |
By notification. |
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On which excise officers may the powers of the Collector be conferred under Section 8(4) of the Bihar Prohibition and Excise Act, 2016? |
Officers of the excise department not below the rank of Inspector. |
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On which revenue officers may the powers of the Collector be conferred under Section 8(4) of the Bihar Prohibition and Excise Act, 2016? |
Officers of the revenue department not below the rank of Deputy Collector. |
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Under what conditions may powers of the Collector be conferred under Section 8(4) of the Bihar Prohibition and Excise Act, 2016? |
With such designations, powers and duties as the State Government may determine. |
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What does Section 9 of the Bihar Prohibition and Excise Act, 2016 deal with? |
Role of the Superintendent of Police. |
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Who assists the Collector in ensuring complete prohibition under Section 9(a) of the Bihar Prohibition and Excise Act, 2016? |
The Superintendent of Police. |
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In ensuring complete prohibition, whom does the Superintendent of Police assist under Section 9(a) of the Bihar Prohibition and Excise Act, 2016? |
The Collector. |
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Under whose control and superintendence does the Superintendent of Police work under Section 9(b) of the Bihar Prohibition and Excise Act, 2016? |
The Superintendent of Police works under the direct control and superintendence of the Collector. |
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Whose lawful directions must the Superintendent of Police enforce under Section 9(c) of the Bihar Prohibition and Excise Act, 2016? |
The directions of the Collector or the Excise Commissioner. |
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What type of directions must the Superintendent of Police enforce under Section 9(c) of the Bihar Prohibition and Excise Act, 2016? |
Lawful directions issued under the Act. |
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To whom must the Superintendent of Police submit reports under Section 9(d) of the Bihar Prohibition and Excise Act, 2016? |
The Collector or the Excise Commissioner. |
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In what manner must the Superintendent of Police submit reports under Section 9(d) of the Bihar Prohibition and Excise Act, 2016? |
In such manner as the Collector or the Excise Commissioner may require. |
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What does Section 10 of the Bihar Prohibition and Excise Act, 2016 deal with? |
Powers and functions of the Excise Commissioner. |
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What is the duty of the Excise Commissioner regarding prohibition under Section 10(a) of the Bihar Prohibition and Excise Act, 2016? |
To enforce complete prohibition in the State in accordance with the provisions of the Act. |
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What role does the Excise Commissioner have in promoting prohibition under Section 10(b) of the Bihar Prohibition and Excise Act, 2016? |
To promote a culture of non-drinking and make prohibition a voluntary effort through social awareness. |
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What regulatory powers does the Excise Commissioner exercise under Section 10(c) of the Bihar Prohibition and Excise Act, 2016? |
To regulate, control and monitor the manufacture, possession, import, export and transport of intoxicants. |
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What responsibility does the Excise Commissioner have regarding illegal liquor activities under Section 10(d) of the Bihar Prohibition and Excise Act, 2016? |
To curb illegal trade in liquor and illicit distillation. |
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What financial responsibility does the Excise Commissioner have under Section 10(e) of the Bihar Prohibition and Excise Act, 2016? |
To protect excise revenue and ensure prompt recovery. |
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What reporting duty does the Excise Commissioner have under Section 10(f) of the Bihar Prohibition and Excise Act, 2016? |
To submit returns and information to the State Government on matters concerning excise as required under the Act or rules. |
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What additional authority may the Excise Commissioner exercise under Section 10(g) of the Bihar Prohibition and Excise Act, 2016? |
To perform functions and exercise powers entrusted or delegated to him from time to time. |
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What does Section 11 of the Bihar Prohibition and Excise Act, 2016 deal with? |
Excise Intelligence Bureau. |
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What bureau is established under Section 11(1) of the Bihar Prohibition and Excise Act, 2016? |
The Excise Intelligence Bureau. |
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Who heads the Excise Intelligence Bureau under Section 11(1) of the Bihar Prohibition and Excise Act, 2016? |
The Excise Commissioner. |
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Who appoints the excise officers and staff of the Excise Intelligence Bureau under Section 11(1) of the Bihar Prohibition and Excise Act, 2016? |
The State Government. |
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Who may appoint additional officers and staff to the Excise Intelligence Bureau under Section 11(1) of the Bihar Prohibition and Excise Act, 2016? |
The Excise Commissioner with prior approval of the State Government. |
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What is the objective of the Excise Intelligence Bureau under Section 11(2)(a) of the Bihar Prohibition and Excise Act, 2016? |
To work towards the success of complete prohibition of liquor and intoxicants. |
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What intelligence-related function does the Excise Intelligence Bureau perform under Section 11(2)(b) of the Bihar Prohibition and Excise Act, 2016? |
To collect intelligence, keep surveillance and maintain details of excise offences. |
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What offender-related information does the Excise Intelligence Bureau collect under Section 11(2)(c) of the Bihar Prohibition and Excise Act, 2016? |
Information regarding habitual or notorious excise offenders. |
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What case-monitoring function does the Excise Intelligence Bureau perform under Section 11(2)(d) of the Bihar Prohibition and Excise Act, 2016? |
To monitor detection, investigation and trial of offences under the Act. |
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What does Section 12 of the Bihar Prohibition and Excise Act, 2016 deal with? |
Persons with special powers. |
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Who may empower persons with special powers under Section 12 of the Bihar Prohibition and Excise Act, 2016? |
The State Government. |
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By what method may the State Government empower persons under Section 12 of the Bihar Prohibition and Excise Act, 2016? |
By notification. |
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For what purpose may persons be empowered under Section 12 of the Bihar Prohibition and Excise Act, 2016? |
To further strengthen the regime of prohibition. |
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Who may be empowered under Section 12 of the Bihar Prohibition and Excise Act, 2016 to exercise powers under the Act? |
Any Government functionary not being an excise officer. |
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What powers may be conferred on such Government functionaries under Section 12 of the Bihar Prohibition and Excise Act, 2016? |
Powers to perform all or any of the functions of an excise officer under the Act. |
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What is the legal status of such empowered persons under Section 12 of the Bihar Prohibition and Excise Act, 2016? |
They shall be deemed to be excise officers while exercising such functions. |
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CHAPTER-III |
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PROHIBITION ETC. OF INTOXICANTS |
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What does Section 13 of the Bihar Prohibition and Excise Act, 2016 deal with? |
Prohibition of liquor or intoxicants. |
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What is the general prohibition imposed under Section 13 of the Bihar Prohibition and Excise Act, 2016? |
No person shall manufacture, bottle, distribute, transport, collect, store, possess, purchase, sell or consume any intoxicant or liquor. |
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Who has the power to permit certain activities relating to liquor or intoxicants under the first proviso to Section 13 of the Bihar Prohibition and Excise Act, 2016? |
The State Government. |
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By what method may the State Government allow such activities under the first proviso to Section 13 of the Bihar Prohibition and Excise Act, 2016? |
By notification. |
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What activities may be allowed for existing licensees under the first proviso to Section 13 of the Bihar Prohibition and Excise Act, 2016? |
Manufacturing, blending, compounding, bottling, storage, import and export of liquor or intoxicants. |
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Under what condition may existing licensees continue such activities under the first proviso to Section 13 of the Bihar Prohibition and Excise Act, 2016? |
Subject to the provisions of the Act. |
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What additional authorization may the State Government grant under the second proviso to Section 13 of the Bihar Prohibition and Excise Act, 2016? |
It may allow any state-owned company to undertake activities required under the Act. |
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By what method may the State Government allow a state-owned company to undertake activities under the second proviso to Section 13 of the Bihar Prohibition and Excise Act, 2016? |
By notification. |
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Who are “Existing Licensees” under the explanation to Section 13 of the Bihar Prohibition and Excise Act, 2016? |
Persons, firms or entities holding a valid license on the day the Act came into force. |
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What does Section 14 of the Bihar Prohibition and Excise Act, 2016 deal with? |
Movement of intoxicants. |
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What restriction is imposed under Section 14(1) of the Bihar Prohibition and Excise Act, 2016 regarding movement of liquor or intoxicants? |
No liquor, intoxicant or final product shall be imported, exported, transported or transited within, from outside or through the State without a valid permit. |
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What additional requirement applies to the movement of liquor or intoxicants under Section 14(1) of the Bihar Prohibition and Excise Act, 2016? |
Payment of applicable duty, if any. |
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What must the driver or person in charge of a vehicle carrying liquor or intoxicants through Bihar obtain under Section 14(2) of the Bihar Prohibition and Excise Act, 2016? |
Transit permission from the authority of the first check-post after entering the State. |
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From which authority must transit permission be obtained under Section 14(2) of the Bihar Prohibition and Excise Act, 2016? |
The authority of the first check-post falling en route after entry into the State. |
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Where must the transit permission be surrendered under Section 14(2) of the Bihar Prohibition and Excise Act, 2016? |
To the authority of the last check-post before leaving the State. |
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What presumption arises if the transit permission is not surrendered within the stipulated time under Section 14(2) of the Bihar Prohibition and Excise Act, 2016? |
It shall be deemed that the liquor or intoxicants were sold or disposed of within the State of Bihar. |
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Who is responsible for compliance with transit permission requirements under Section 14(2) of the Bihar Prohibition and Excise Act, 2016? |
The driver or any other person in charge of the vehicle. |
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What action may be taken for failure to comply with Section 14(2) under Section 14(3) of the Bihar Prohibition and Excise Act, 2016? |
The person may be levied penalty and may also be prosecuted under Section 30 of the Act. |
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Who may decide the penalty for non-compliance under Section 14(3) of the Bihar Prohibition and Excise Act, 2016? |
The State Government. |
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What additional authority does the State Government have under Section 14(4) of the Bihar Prohibition and Excise Act, 2016? |
To make detailed rules for the movement of intoxicants. |
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What does Section 15 of the Bihar Prohibition and Excise Act, 2016 deal with? |
Restrictions on vehicles carrying intoxicants. |
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Who may impose restrictions on vehicles transporting excisable articles or final products under Section 15 of the Bihar Prohibition and Excise Act, 2016? |
The State Government. |
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What type of restrictions may the State Government impose under Section 15 of the Bihar Prohibition and Excise Act, 2016? |
Reasonable restrictions on vehicles transporting excisable articles or final products. |
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What compliance may be required from vehicles transporting excisable articles under Section 15 of the Bihar Prohibition and Excise Act, 2016? |
Adherence to specified vehicle specifications. |
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What additional requirement may the State Government impose on transport vehicles under the proviso to Section 15 of the Bihar Prohibition and Excise Act, 2016? |
Installation of specified devices in the transport vehicles. |
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For what purpose may installation of devices be required under the proviso to Section 15 of the Bihar Prohibition and Excise Act, 2016? |
As a pre-condition for registration under the Motor Vehicles Act. |
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To whom may the State Government issue directions regarding such transport vehicles under the proviso to Section 15 of the Bihar Prohibition and Excise Act, 2016? |
The State Transport Authority. |
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What does Section 16 of the Bihar Prohibition and Excise Act, 2016 deal with? |
Power to regulate transport of intoxicants. |
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Who has the power to regulate the movement, import or export of liquor or intoxicants under Section 16 of the Bihar Prohibition and Excise Act, 2016? |
The State Government. |
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By what method may the State Government regulate the movement, import or export of intoxicants under Section 16 of the Bihar Prohibition and Excise Act, 2016? |
By notification. |
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What activities relating to liquor or intoxicants may be regulated under Section 16 of the Bihar Prohibition and Excise Act, 2016? |
Movement, import or export. |
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From where to where may liquor or intoxicants be regulated under Section 16 of the Bihar Prohibition and Excise Act, 2016? |
Into, from or through the State. |
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Can the State Government regulate movement of intoxicants in a specific area under Section 16 of the Bihar Prohibition and Excise Act, 2016? |
Yes, in any specified part or area of the State. |
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What is the overriding effect provided under Section 16 of the Bihar Prohibition and Excise Act, 2016? |
The power applies notwithstanding anything contained in this Act or any other law for the time being in force. |
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CHAPTER-IV |
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RENEWAL OF LICENSE AND PERMIT TO THE EXISTING LICENSEES |
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What does Section 17 of the Bihar Prohibition and Excise Act, 2016 deal with? |
Renewal of licenses for distilleries, breweries and other manufactories. |
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What restriction is imposed under Section 17(1) of the Bihar Prohibition and Excise Act, 2016 regarding licenses? |
No new licenses shall be issued to any manufactory, distillery, molasses manufactory, brewery or bottling plant. |
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Who may issue a license or permit under the proviso to Section 17(1) of the Bihar Prohibition and Excise Act, 2016? |
The Collector. |
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For what category of substances may the Collector issue license or permit under the proviso to Section 17(1) of the Bihar Prohibition and Excise Act, 2016? |
For intoxicants declared as such by the State Government under Section 3 of the Act. |
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Who may renew the license for existing licensees under Section 17(2) of the Bihar Prohibition and Excise Act, 2016? |
The Collector. |
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For whom may licenses be renewed or permits issued under Section 17(2) of the Bihar Prohibition and Excise Act, 2016? |
Existing licensees of manufactory, distillery, molasses manufactory, brewery or bottling plant. |
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Under what condition may licenses be renewed under Section 17(2) of the Bihar Prohibition and Excise Act, 2016? |
Subject to the provisions of the Act. |
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Who has the power to make rules governing the licensing regime under Section 17(3) of the Bihar Prohibition and Excise Act, 2016? |
The State Government. |
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What security requirement may be imposed under Section 17(4) of the Bihar Prohibition and Excise Act, 2016? |
The licensing authority may require the licensee to give security for observance of license conditions. |
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What agreement requirement may be imposed under Section 17(4) of the Bihar Prohibition and Excise Act, 2016? |
The licensee may be required to execute an agreement regarding the terms and conditions of the license. |
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Who are “Existing Licensees” under the explanation to Section 17 of the Bihar Prohibition and Excise Act, 2016? |
Persons or firms holding a valid license on the day the Act came into force. |
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What does Section 18 of the Bihar Prohibition and Excise Act, 2016 deal with? |
Non-transferability of licenses and permits. |
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What is the rule regarding transfer of licenses under Section 18 of the Bihar Prohibition and Excise Act, 2016? |
All licenses renewed under the Act shall be non-transferable. |
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What is the rule regarding transfer of permits under Section 18 of the Bihar Prohibition and Excise Act, 2016? |
All permits issued under the Act shall be non-transferable. |
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What does Section 19 of the Bihar Prohibition and Excise Act, 2016 deal with? |
Powers of the Board. |
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Which authority is referred to as the Board under Section 19 of the Bihar Prohibition and Excise Act, 2016? |
The Board of Revenue. |
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What power does the Board of Revenue have under Section 19 of the Bihar Prohibition and Excise Act, 2016? |
To exercise such authority as may be delegated to it by the State Government. |
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Who delegates authority to the Board of Revenue under Section 19 of the Bihar Prohibition and Excise Act, 2016? |
The State Government. |
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What does Section 20 of the Bihar Prohibition and Excise Act, 2016 deal with? |
Qualifications for grant of license. |
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Who must satisfy the qualifications under Section 20 of the Bihar Prohibition and Excise Act, 2016? |
An applicant seeking renewal of a license or issuance of a permit. |
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What citizenship requirement is prescribed under Section 20(a) of the Bihar Prohibition and Excise Act, 2016? |
The applicant must be a citizen of India or a company registered in India. |
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What financial and compliance condition must an applicant satisfy under Section 20(b) of the Bihar Prohibition and Excise Act, 2016? |
The applicant must not be a defaulter, blacklisted or debarred from holding an excise license and must not be in arrears of any government dues. |
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What character requirement is prescribed for an applicant under Section 20(c) of the Bihar Prohibition and Excise Act, 2016? |
The applicant must be solvent and of good moral character. |
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What criminal record restriction applies to an applicant under Section 20(c) of the Bihar Prohibition and Excise Act, 2016? |
The applicant must not have been convicted of any offence under this Act or any other Act. |
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What employment restriction is imposed on license applicants under Section 20(d) of the Bihar Prohibition and Excise Act, 2016? |
The applicant must not hire or employ persons below twenty-one years of age. |
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What additional employment restriction is imposed under Section 20(d) of the Bihar Prohibition and Excise Act, 2016? |
The applicant must not employ persons having a criminal background. |
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What does Section 21 of the Bihar Prohibition and Excise Act, 2016 deal with? |
Holograms. |
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Who may require establishments to place holograms on their products under Section 21(1) of the Bihar Prohibition and Excise Act, 2016? |
The State Government. |
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Which establishments may be required to place holograms under Section 21(1) of the Bihar Prohibition and Excise Act, 2016? |
Molasses manufactories, distilleries, license-holders, distributors, sellers, importers, exporters, bottling plants and other establishments operating under the Act. |
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According to whose specifications must holograms be placed on products under Section 21(1) of the Bihar Prohibition and Excise Act, 2016? |
The Excise Commissioner. |
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What rule-making power is provided under Section 21(2) of the Bihar Prohibition and Excise Act, 2016? |
The State Government may make detailed rules regarding holograms. |
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What does Section 22 of the Bihar Prohibition and Excise Act, 2016 deal with? |
Power to suspend or cancel license and permit. |
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Who may suspend or cancel a license or permit under Section 22(1) of the Bihar Prohibition and Excise Act, 2016? |
The authority renewing the license or granting the permit. |
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Under what condition may the authority suspend or cancel a license or permit under Section 22(1) of the Bihar Prohibition and Excise Act, 2016? |
Subject to restrictions prescribed by the State Government. |
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What procedural safeguard must be given before suspending or cancelling a license or permit under Section 22(1) of the Bihar Prohibition and Excise Act, 2016? |
A reasonable opportunity of being heard must be given to the holder. |
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On what ground may a license or permit be suspended or cancelled under Section 22(1)(a) of the Bihar Prohibition and Excise Act, 2016? |
If it is transferred or sublet without permission of the licensing authority. |
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On what ground may a license or permit be suspended or cancelled under Section 22(1)(b) of the Bihar Prohibition and Excise Act, 2016? |
If any excise revenue payable by the holder is not duly paid. |
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On what ground may a license or permit be suspended or cancelled under Section 22(1)(c) of the Bihar Prohibition and Excise Act, 2016? |
If there is breach of any terms and conditions of the license or permit by the holder, servant, agent or person acting on his behalf. |
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On what ground may a license or permit be suspended or cancelled under Section 22(1)(d) of the Bihar Prohibition and Excise Act, 2016? |
If the holder, agent or employee is convicted of an offence under this Act or any relevant law relating to excise revenue or any cognizable and non-bailable offence. |
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On what ground may a license or permit be suspended or cancelled under Section 22(1)(e) of the Bihar Prohibition and Excise Act, 2016? |
If the purpose for which the license or permit was granted ceases to exist. |
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On what ground may a license or permit be suspended or cancelled under Section 22(1)(f) of the Bihar Prohibition and Excise Act, 2016? |
If the license or permit was obtained through misrepresentation or fraud. |
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On what ground may a license or permit be suspended or cancelled under Section 22(1)(g) of the Bihar Prohibition and Excise Act, 2016? |
If the licensing authority is prima facie satisfied that the license is fit to be cancelled for any other reason. |
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Is the licensee entitled to compensation or refund if action is taken under Section 22(1) of the Bihar Prohibition and Excise Act, 2016? |
No, the licensee is not entitled to any compensation or refund of fee or deposit. |
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What does Section 23 of the Bihar Prohibition and Excise Act, 2016 deal with? |
Bar to the right of renewal and to compensation. |
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Does a person holding a license or permit have a right to renewal under Section 23 of the Bihar Prohibition and Excise Act, 2016? |
No, renewal cannot be claimed as a matter of right. |
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Who is affected by the bar on the right of renewal under Section 23 of the Bihar Prohibition and Excise Act, 2016? |
Any person who was earlier granted a license or permit. |
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Can a person claim damages if renewal of license or permit is refused under Section 23 of the Bihar Prohibition and Excise Act, 2016? |
No, no claim for damages or otherwise shall lie. |
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When does the bar on compensation apply under Section 23 of the Bihar Prohibition and Excise Act, 2016? |
When renewal of the license or permit is refused after expiry of the period for which it was granted. |
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What does Section 24 of the Bihar Prohibition and Excise Act, 2016 deal with? |
Power of the State Government to withdraw or not to renew a license. |
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Who has the power to withdraw or refuse renewal of licenses under Section 24(1) of the Bihar Prohibition and Excise Act, 2016? |
The State Government. |
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When may the State Government withdraw or refuse renewal of a license under Section 24(1) of the Bihar Prohibition and Excise Act, 2016? |
At any time. |
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Which establishments may be affected by withdrawal or non-renewal under Section 24(1) of the Bihar Prohibition and Excise Act, 2016? |
Manufactory, distillery, molasses manufactory, brewery, bottling plant etc. |
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Where may the State Government exercise the power of withdrawal or non-renewal under Section 24(1) of the Bihar Prohibition and Excise Act, 2016? |
In the entire State of Bihar or any part thereof. |
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Is compensation payable for withdrawal or non-renewal of license under Section 24(2) of the Bihar Prohibition and Excise Act, 2016? |
No compensation shall be paid. |
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What payment may be refunded after withdrawal or non-renewal under Section 24(2) of the Bihar Prohibition and Excise Act, 2016? |
Advance license fee or deposit after deducting any amount recoverable by the Government. |
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What does Section 25 of the Bihar Prohibition and Excise Act, 2016 deal with? |
Power of the Collector to take over the management. |
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Who is empowered to take over the management of an establishment under Section 25 of the Bihar Prohibition and Excise Act, 2016? |
The Collector. |
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Against whom may the powers under Section 25 of the Bihar Prohibition and Excise Act, 2016 be exercised? |
The holder of a license renewed under the Act. |
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On what ground may the Collector act under Section 25 of the Bihar Prohibition and Excise Act, 2016? |
If the license holder contravenes provisions of the Act or rules made thereunder. |
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On what ground relating to conditions of license may the Collector act under Section 25 of the Bihar Prohibition and Excise Act, 2016? |
If the license holder defaults in complying with any condition imposed upon him. |
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On what ground relating to directions of the Collector may action be taken under Section 25 of the Bihar Prohibition and Excise Act, 2016? |
If the license holder refuses to abide by reasonable directions issued by the Collector. |
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Can the Collector act under Section 25 of the Bihar Prohibition and Excise Act, 2016 upon expiry or withdrawal of license? |
Yes, upon expiry or withdrawal of the license. |
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Is cancellation of license necessary before action under Section 25 of the Bihar Prohibition and Excise Act, 2016? |
No, the Collector may act with or without cancellation of the license. |
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What action may the Collector take under Section 25(a) of the Bihar Prohibition and Excise Act, 2016? |
Take over the management of the establishment at the risk and loss of the owner. |
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What alternative action may the Collector take under Section 25(b) of the Bihar Prohibition and Excise Act, 2016? |
Transfer the establishment for the unexpired period of the license or privilege to another person at the risk and loss of the owner. |
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CHAPTER-V |
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EXCISE REVENUE |
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What does Section 26 of the Bihar Prohibition and Excise Act, 2016 deal with? |
Nature and components of excise revenue. |
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Under what heads shall excise revenue be levied and recovered under Section 26 of the Bihar Prohibition and Excise Act, 2016? |
Duty, license fee, label registration fee, import/export/transportation/movement fee, privilege fee, fines, penalties, sundry receipts and other duties, cess, fee or surcharge. |
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What is the first component of excise revenue under Section 26(a) of the Bihar Prohibition and Excise Act, 2016? |
Duty. |
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What is the second component of excise revenue under Section 26(b) of the Bihar Prohibition and Excise Act, 2016? |
License fee. |
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What fees relating to labeling and movement form part of excise revenue under Section 26(c) of the Bihar Prohibition and Excise Act, 2016? |
Label registration fee and import, export, transportation or movement fee. |
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What receipts relating to privileges and penalties form part of excise revenue under Section 26(d) of the Bihar Prohibition and Excise Act, 2016? |
Accruals through privilege fee, fines, penalties and other sundry receipts. |
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What additional fiscal powers are provided to the State Government under Section 26(e) of the Bihar Prohibition and Excise Act, 2016? |
The State Government may impose any other duty, cess, fee or surcharge by notification. |
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What does Section 27 of the Bihar Prohibition and Excise Act, 2016 deal with? |
Fees, terms, conditions, form and duration of licenses, permits and passes. |
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What general requirement applies to every license renewed or permit or pass granted under Section 27(1) of the Bihar Prohibition and Excise Act, 2016? |
It shall be renewed or granted on payment of prescribed fees and subject to restrictions and conditions. |
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What fee requirement applies to licenses, permits and passes under Section 27(1)(a)(i) of the Bihar Prohibition and Excise Act, 2016? |
Payment of such fees as may be prescribed. |
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What conditions apply to licenses, permits and passes under Section 27(1)(a)(ii) of the Bihar Prohibition and Excise Act, 2016? |
They shall be subject to prescribed restrictions and conditions. |
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In what form must licenses, permits and passes be issued under Section 27(1)(b) of the Bihar Prohibition and Excise Act, 2016? |
In such form and containing such particulars as prescribed by rules. |
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For what duration are licenses, permits and passes valid under Section 27(2) of the Bihar Prohibition and Excise Act, 2016? |
For such period as may be prescribed by rules made by the State Government. |
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What does Section 28 of the Bihar Prohibition and Excise Act, 2016 deal with? |
Payment of excise revenue irrespective of pendency of writ petition, suit or other proceedings. |
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Is excise revenue payable when a writ petition, suit or appeal is pending under Section 28 of the Bihar Prohibition and Excise Act, 2016? |
Yes, excise revenue remains payable notwithstanding such pendency. |
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Before which authorities may proceedings be pending under Section 28 of the Bihar Prohibition and Excise Act, 2016? |
Any court, Tribunal, the Excise Commissioner or the State Government. |
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What type of proceedings are mentioned under Section 28 of the Bihar Prohibition and Excise Act, 2016? |
Writ petition, suit, appeal or revision. |
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What sums are required to be paid under Section 28 of the Bihar Prohibition and Excise Act, 2016? |
Any sum due to the State Government under the Act as a result of a demand or order made by a competent authority. |
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Who may issue the demand or order for payment under Section 28 of the Bihar Prohibition and Excise Act, 2016? |
Any officer or authority empowered under the Act. |
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When can payment of excise revenue be withheld under Section 28 of the Bihar Prohibition and Excise Act, 2016? |
Only when the demand or order has been stayed by the competent authority or a court. |
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What does Section 29 of the Bihar Prohibition and Excise Act, 2016 deal with? |
Power to impose duty on import, export, transport and manufacture. |
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Who has the power to impose excise duty or countervailing duty under Section 29(1) of the Bihar Prohibition and Excise Act, 2016? |
The State Government. |
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At what rate may duties or fees be imposed under Section 29(1) of the Bihar Prohibition and Excise Act, 2016? |
At such rate or rates as the State Government may direct. |
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Where may duties be imposed under Section 29(1) of the Bihar Prohibition and Excise Act, 2016? |
Either generally or for any specified local area. |
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On which imported articles may duty be imposed under Section 29(1)(a) of the Bihar Prohibition and Excise Act, 2016? |
Any excisable article imported. |
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On which exported articles may duty be imposed under Section 29(1)(b) of the Bihar Prohibition and Excise Act, 2016? |
Any excisable article exported. |
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On which transported articles may duty be imposed under Section 29(1)(c) of the Bihar Prohibition and Excise Act, 2016? |
Any excisable article transported. |
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On which manufactured articles may duty be imposed under Section 29(1)(d) of the Bihar Prohibition and Excise Act, 2016? |
Any excisable article manufactured under a license issued or renewed under the Act. |
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On which distillery or brewery products may duty be imposed under Section 29(1)(e) of the Bihar Prohibition and Excise Act, 2016? |
Any excisable article manufactured in a distillery or brewery licensed, established, authorized or continued under the Act. |
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How may duty rates vary under the explanation to Section 29(1) of the Bihar Prohibition and Excise Act, 2016? |
According to the place to which the article is removed for consumption or according to the strength and quality of the article. |
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What additional duty may be imposed under Section 29(2) of the Bihar Prohibition and Excise Act, 2016? |
Duty on any intoxicant. |
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At what rate may duty on intoxicants be imposed under Section 29(2) of the Bihar Prohibition and Excise Act, 2016? |
At such rate or rates as the State Government may direct. |
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Where may duty on intoxicants be imposed under Section 29(2) of the Bihar Prohibition and Excise Act, 2016? |
Either generally or for any specified local area. |
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CHAPTER-VI |
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OFFENCES AND PENALTIES |
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What does Section 30 of the Bihar Prohibition and Excise Act, 2016 deal with? |
Penalty for unlawful manufacture, import, export, transport, possession, sale, purchase, distribution etc. of intoxicants or liquor. |
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When is a person liable under Section 30 of the Bihar Prohibition and Excise Act, 2016? |
When a person acts in contravention of the Act, rules, regulations, orders, notifications or without a valid license, permit or pass or in breach of license conditions. |
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What activities relating to intoxicants or liquor are punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016? |
Manufacturing, possessing, buying, selling, distributing, collecting, storing, bottling, importing, exporting, transporting, removing or cultivating intoxicant, liquor or hemp. |
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What activities relating to establishments are punishable under Section 30(b) of the Bihar Prohibition and Excise Act, 2016? |
Constructing, establishing or working in any manufactory, distillery, brewery or warehouse. |
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What possession or use of equipment is punishable under Section 30(c) of the Bihar Prohibition and Excise Act, 2016? |
Manufacturing, using, keeping or possessing any material, utensil, implement, apparatus or premises for manufacturing intoxicant or liquor. |
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What acts relating to packing materials or machines are punishable under Section 30(d) of the Bihar Prohibition and Excise Act, 2016? |
Manufacturing any material, film, wrapper, apparatus or machine for packing liquor or intoxicant with or without the State Government logo or logo of any State. |
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What act relating to removal of liquor or intoxicants is punishable under Section 30(e) of the Bihar Prohibition and Excise Act, 2016? |
Removing liquor or intoxicant from any licensed distillery, brewery, warehouse or other place of storage. |
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What acts relating to substitute intoxicating preparations are punishable under Section 30(f) of the Bihar Prohibition and Excise Act, 2016? |
Manufacturing, possessing, selling, distributing, bottling, importing, exporting, transporting or removing any preparation that can serve as alcohol or substitute for alcohol used for intoxication. |
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What is the maximum punishment under Section 30 of the Bihar Prohibition and Excise Act, 2016? |
Imprisonment up to life and fine up to ten lakh rupees. |
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What is the minimum punishment for the first offence under Section 30 proviso (a) of the Bihar Prohibition and Excise Act, 2016? |
Imprisonment of not less than five years and fine of not less than one lakh rupees. |
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What is the minimum punishment for second and subsequent offences under Section 30 proviso (b) of the Bihar Prohibition and Excise Act, 2016? |
Rigorous imprisonment of not less than ten years and fine of not less than five lakh rupees. |
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What does Section 31 of the Bihar Prohibition and Excise Act, 1915 provide for? |
Section 31 provides for offences committed by companies and the liability of the company and persons responsible for the conduct of its business. |
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Who is deemed to be guilty when an offence is committed by a company under Section 31(1)? |
The company as well as every person in charge of and responsible to the company for the conduct of its business at the time of commission of the offence shall be deemed to be guilty. |
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Who shall be liable where a company has different establishments, branches or units under the proviso to Section 31(1). |
The concerned Chief Executive and the person in charge of such establishment, branch or unit nominated by the company as responsible for the conduct of business shall be liable. |
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When can a person in charge of the company avoid liability under the second proviso to Section 31(1) of the Bihar Excise Act, 1915? |
When he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. |
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Who shall be liable when an offence is committed with consent, connivance or neglect under Section 31(2) of the Bihar Excise Act, 1915? |
Any director, manager, secretary or other officer of the company whose consent, connivance or neglect led to the offence shall be liable. |
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To which companies does Section 31 not apply under sub-section (3)? |
It does not apply to companies where the majority shareholding is held by the Central Government or any State Government or such companies as the Board may exempt. |
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What is the meaning of “company” under the Explanation to Section 31 of the Bihar Act? |
“Company” means any body corporate and includes a firm or other association of individuals. |
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What is the meaning of “director” in relation to a firm under the Explanation to Section 31? |
“Director”, in relation to a firm, means a partner in the firm. |
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What does Section 32 of the Bihar Prohibition and Excise Act, 2016 deal with? |
Presumption as to commission of offence in certain cases. |
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Who must account for possession of liquor or related materials in prosecution under Section 32(1) of the Bihar Prohibition and Excise Act, 2016? |
The accused person. |
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What items must the accused account for under Section 32(1) of the Bihar Prohibition and Excise Act, 2016? |
Liquor, intoxicant, material, utensil, implement or apparatus involved in manufacture or storage of liquor. |
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What presumption arises if the accused fails to give a satisfactory explanation under Section 32(2) of the Bihar Prohibition and Excise Act, 2016? |
It shall be presumed that the accused person is guilty of the offence unless proved otherwise. |
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Which property or means of transport used in the offence are covered under Section 32(3) of the Bihar Prohibition and Excise Act, 2016? |
Equipment, machinery, animal, vessel, cart, vehicle, conveyance or premises used in commission of the offence. |
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What must the owner or occupier do when such property is involved in an offence under Section 32(3) of the Bihar Prohibition and Excise Act, 2016? |
Provide a satisfactory explanation regarding its use. |
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What presumption arises if the owner or occupier fails to give a satisfactory explanation under Section 32(3) of the Bihar Prohibition and Excise Act, 2016? |
It shall be presumed that the accused person committed the offence unless proved otherwise. |
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What additional legal consequence may apply to property used in the offence under Section 32(3) of the Bihar Prohibition and Excise Act, 2016? |
The property may be liable to confiscation or sealing. |
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What does Section 33 of the Bihar Prohibition and Excise Act, 2016 deal with? |
Penalty for rendering denatured spirit fit for human consumption. |
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What act relating to denatured spirit is punishable under Section 33 of the Bihar Prohibition and Excise Act, 2016? |
Altering or attempting to alter denatured spirit to make it fit for human consumption. |
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For what purposes is alteration of denatured spirit punishable under Section 33 of the Bihar Prohibition and Excise Act, 2016? |
Making it fit for human consumption as a beverage, medicine or in any other way. |
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Is possession of altered denatured spirit punishable under Section 33 of the Bihar Prohibition and Excise Act, 2016? |
Yes, knowingly possessing altered denatured spirit is punishable. |
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What is the minimum punishment under Section 33 of the Bihar Prohibition and Excise Act, 2016? |
Imprisonment for not less than ten years and fine of not less than one lakh rupees. |
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What is the maximum punishment under Section 33 of the Bihar Prohibition and Excise Act, 2016? |
Imprisonment for life and fine up to ten lakh rupees. |
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What does Section 34 of the Bihar Prohibition and Excise Act, 2016 deal with? |
Penalty for mixing noxious substance with liquor. |
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What act relating to liquor is punishable under Section 34(a) of the Bihar Prohibition and Excise Act, 2016? |
Mixing or permitting to be mixed any noxious drug or poisonous ingredient with liquor sold, manufactured or possessed. |
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What type of preparation is punishable under Section 34(b) of the Bihar Prohibition and Excise Act, 2016? |
Any preparation that may serve as alcohol or substitute for alcohol and is used or consumed for intoxication likely to cause disability, grievous hurt or death. |
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What forms of preparation are covered under Section 34(b) of the Bihar Prohibition and Excise Act, 2016? |
Solid, semi-solid, liquid, semi-liquid or gaseous preparations whether made locally or otherwise. |
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What is the punishment if death is caused under Section 34(i) of the Bihar Prohibition and Excise Act, 2016? |
Death or imprisonment for life and fine not less than five lakh rupees and up to ten lakh rupees. |
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What is the punishment if disability or grievous hurt is caused under Section 34(ii) of the Bihar Prohibition and Excise Act, 2016? |
Rigorous imprisonment not less than ten years and up to life imprisonment with fine not less than two lakh rupees and up to ten lakh rupees. |
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What is the punishment if other consequential injury is caused under Section 34(iii) of the Bihar Prohibition and Excise Act, 2016? |
Imprisonment not less than eight years and up to life imprisonment with fine not less than one lakh rupees and up to ten lakh rupees. |
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What is the punishment if no injury is caused under Section 34(iv) of the Bihar Prohibition and Excise Act, 2016? |
Imprisonment not less than eight years and up to ten years with fine not less than one lakh rupees and up to five lakh rupees. |
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What is the meaning of “grievous hurt” for the purposes of Section 34 of the Bihar Prohibition and Excise Act, 2016? |
The same meaning as defined under Section 320 of the Indian Penal Code, 1860. |
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What is the meaning of “possession” under Explanation 2 to Section 34 of the Bihar Prohibition and Excise Act, 2016?? |
Possession includes possession by any family or member of that family and includes knowledge of illegal possession by any member of the family whether it is in his or her own possession or with another member of the family. |
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What does Section 35 of the Bihar Prohibition and Excise Act, 2016 1915 provide for? |
Section 35 provides for penalty for committing fraud relating to liquor. |
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Deletion of section- 35 of Bihar Prohibition and Excise Act, 2016.— The section- 35 (Penalty for committing fraud) of the Bihar Prohibition and Excise Act, 2016, shall be deleted by 2018 amendment. |
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What does Section 36 of the Bihar Prohibition and Excise Act, 2016 deal with? |
Penalty for dealing in spurious liquor. |
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What acts relating to spurious liquor are punishable under Section 36 of the Bihar Prohibition and Excise Act, 2016? |
Manufacturing, possessing, selling, storing, distributing, bottling, importing, exporting or transporting spurious liquor. |
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What is the minimum punishment under Section 36 of the Bihar Prohibition and Excise Act, 2016? |
Imprisonment for not less than ten years and fine of not less than one lakh rupees. |
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What is the maximum punishment under Section 36 of the Bihar Prohibition and Excise Act, 2016? |
Imprisonment for life and fine up to ten lakh rupees. |
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What does Section 37 of the Bihar Prohibition and Excise Act, 2016 deal with? |
Penalty for consumption of liquor. |
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What act of consumption is punishable under Section 37(a) of the Bihar Prohibition and Excise Act, 2016? |
Consuming liquor or intoxicant in any place in contravention of the Act, rules, notification or order. |
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What condition relating to intoxication is punishable under Section 37(b) of the Bihar Prohibition and Excise Act, 2016? |
Being found drunk or in a state of drunkenness at any place. |
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What conduct relating to nuisance is punishable under Section 37(c) of the Bihar Prohibition and Excise Act, 2016? |
Drinking and creating nuisance or violence at any place including one's own house or premises. |
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What conduct relating to facilitation of drunkenness is punishable under Section 37(d) of the Bihar Prohibition and Excise Act, 2016? |
Permitting or facilitating drunkenness or allowing assembly of drunken elements in one's own house or premises. |
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What is the punishment for the first offence under Section 37(a) and (b) of the Bihar Prohibition and Excise Act, 2016? |
Fine not less than fifty thousand rupees or in lieu thereof imprisonment for three months. |
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What is the punishment for subsequent offences under Section 37(a) and (b) of the Bihar Prohibition and Excise Act, 2016? |
Imprisonment not less than one year and up to five years with fine up to one lakh rupees. |
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What is the punishment for offences under Section 37(c) and (d) of the Bihar Prohibition and Excise Act, 2016? |
Imprisonment not less than five years and up to ten years with fine not less than one lakh rupees and up to five lakh rupees. |
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Deletion of section- 38 of Bihar Prohibition and Excise Act, 2016.— Section- 38 (Penalty for possession or knowledge of possession of intoxicant) of the Bihar Prohibition and Excise Act, 2016, shall be deleted. |
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What does Section 39 of the Bihar Prohibition and Excise Act, 2016 provide for? |
Section 39 provides for penalty for consumption of liquor in a chemist’s shop or dispensary. |
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What act by a chemist, druggist, apothecary or keeper of a dispensary is punishable under Section 39(1) of the Bihar Prohibition and Excise Act, 2016? |
Allowing any medicine or medicinal preparation declared as an intoxicant or any liquor or intoxicant not bonafidely medicated for medicinal purposes to be consumed on his business premises. |
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What is the punishment for a chemist, druggist, apothecary or keeper of a dispensary under Section 39(1) of the Bihar Prohibition and Excise Act, 2016? |
Imprisonment for a term not less than eight years which may extend to ten years and with fine not less than one lakh rupees which may extend to ten lakh rupees. |
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What act by a person is punishable under Section 39(2) of the Bihar Prohibition and Excise Act, 2016? |
Consuming such liquor or intoxicant on the premises of a chemist’s shop or dispensary. |
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What is the punishment for a person consuming liquor in a chemist’s shop under Section 39(2) of the Bihar Prohibition and Excise Act, 2016? |
Imprisonment for a term not less than five years which may extend to seven years and with fine not less than one lakh rupees which may extend to ten lakh rupees. |
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What does Section 40 of the Bihar Prohibition and Excise Act, 2016? |
Section 40 provides for penalty for unlawful advertisement relating to liquor or intoxicant. |
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What act relating to advertisement is punishable under Section 40 of the Bihar Prohibition and Excise Act, 2016? |
Printing, publishing or giving an advertisement directly or indirectly in any media including films, television or any social platform soliciting the use of liquor or intoxicant. |
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What is the punishment prescribed under Section 40 of the Bihar Prohibition and Excise Act, 2016? |
Imprisonment for a term not less than three years which may extend to five years or with fine which may extend to ten lakh rupees or with both. |
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What does Section 41 of the Bihar Prohibition and Excise Act, 2016? |
Section 41 provides for penalty for import, export, manufacture, transport, sale or possession of liquor or intoxicant by one person on account of another. |
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What presumption arises when intoxicant or liquor is imported, exported, manufactured, transported, sold or possessed by a person on account of another under Section 41(1) of the Bihar Prohibition and Excise Act, 2016? |
The intoxicant or liquor shall be deemed to have been imported, exported, transported, sold, manufactured or possessed by the other person on whose account it was done if he knew or had reason to believe it. |
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What is the punishment for such other person under Section 41(1) of the Bihar Prohibition and Excise Act, 2016? |
Imprisonment for a term not less than eight years which may extend to ten years and with fine which may extend up to ten lakh rupees. |
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Does Section 41(2) of the Bihar Prohibition and Excise Act, 2016 absolve the person actually manufacturing, selling or possessing intoxicant or liquor from liability? |
No, the person who manufactures, sells or possesses intoxicant or liquor on account of another person remains liable for punishment under the Act. |
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What does Section 42 of the Bihar Prohibition and Excise Act, 2016? |
Section 42 provides for the power of the Collector to order payment of compensation in cases where death or injury is caused due to consumption of liquor sold in any place. |
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When can the Collector order payment of compensation under Section 42(1) of the Bihar Prohibition and Excise Act, 2016? |
When the Collector is satisfied that death or injury has been caused to any person due to consumption of liquor sold in any place. |
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Against whom can the Collector order payment of compensation under Section 42(1) of the Bihar Prohibition and Excise Act, 2016? |
Against the manufacturer and/or seller of the liquor whether or not he is convicted of an offence. |
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What compensation may be ordered in case of death under Section 42(1) of the Bihar Prohibition and Excise Act, 2016? |
Compensation not less than four lakh rupees to the legal heirs of each deceased person. |
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What compensation may be ordered in case of grievous hurt under Section 42(1) of the Bihar Prohibition and Excise Act, 2016? |
Compensation not less than two lakh rupees to the person who has suffered grievous hurt. |
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What compensation may be ordered in case of other consequential injury under Section 42(1) of the Bihar Prohibition and Excise Act, 2016? |
Compensation of twenty thousand rupees to the injured person. |
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How may the Collector recover compensation under Section 42(2) of the Bihar Prohibition and Excise Act, 2016? |
The compensation may be recovered as Public Demand under the Public Demands Recovery Act, 1914. |
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What is the remedy available against the order of the Collector under Section 42(3) of the Bihar Prohibition and Excise Act, 2016? |
An appeal may be filed to the High Court within thirty days from the date of the order. |
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What condition must be fulfilled before filing an appeal under Section 42 of the Bihar Prohibition and Excise Act, 2016? |
The appellant must deposit 50% of the compensation amount ordered under sub-section (1). |
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When can the High Court entertain an appeal after the expiry of thirty days under Bihar Prohibition and Excise Act, 2016? |
When it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within time. |
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What does Section 43 of the Bihar Prohibition and Excise Act, 2016 provide for? |
Section 43 provides for penalty for misconduct of licensees or permit holders and persons acting on their behalf. |
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Who can be punished under Section 43 of the Bihar Prohibition and Excise Act, 2016? |
A holder of a license or permit granted under the Act or a person employed by such holder and acting on his behalf. |
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What act is punishable under clause (a) of Section 43 of the Bihar Prohibition and Excise Act, 2016? |
Failing to produce the license or permit on demand by any excise officer or other duly empowered officer. |
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What act is punishable under clause (b) of Section 43 of the Bihar Prohibition and Excise Act, 2016? |
Willfully doing or omitting to do anything in contravention of the conditions of the license or permit not otherwise provided in the Act. |
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What act is punishable under clause (c) of Section 43 of the Bihar Prohibition and Excise Act, 2016? |
Failing to cooperate during inspection of the premises by any excise officer. |
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What act is punishable under clause (d) of Section 43 of the Bihar Prohibition and Excise Act, 2016? |
Failing to submit required returns. |
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What is the punishment for offence under clause (a) of Section 43 of the Bihar Prohibition and Excise Act, 2016? |
Fine not less than one lakh rupees which may extend to ten lakh rupees. |
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What is the punishment for offence under clause (b) of Section 43 of the Bihar Prohibition and Excise Act, 2016? |
Imprisonment not less than five years which may extend to seven years and fine not less than one lakh rupees which may extend to ten lakh rupees. |
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What is the punishment for offences under clauses (c) and (d) of Section 43 of the Bihar Prohibition and Excise Act, 2016? |
Fine not less than one lakh rupees which may extend to ten lakh rupees and ten thousand rupees per day for subsequent delay. |
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What does Section 44 of the Bihar Prohibition and Excise Act, 2016 provide for? |
Section 44 provides for penalty for employing minors or women in illegal liquor trade. |
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What act relating to employment of minors or women is punishable under Section 44(1) of the Bihar Prohibition and Excise Act, 2016? |
Employing any minor below eighteen years or women for hiding, selling, possessing, transporting or distributing any liquor or intoxicant. |
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What is the punishment for employing minors or women in illegal liquor trade under Section 44(1) of the Bihar Prohibition and Excise Act, 2016? |
Imprisonment for a term not less than ten years which may extend to life imprisonment and fine not less than one lakh rupees which may extend to ten lakh rupees or with both. |
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What act relating to inducement of minors or women is punishable under Section 44(2) of the Bihar Prohibition and Excise Act, 2016? |
Threatening, cajoling, luring, encouraging or attempting to do so to make women or minors below eighteen possess, store, distribute, sell, purchase, transport or consume liquor or intoxicant. |
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What is the punishment for threatening, cajoling or luring minors or women into liquor-related activities under Section 44(2) of the Bihar Prohibition and Excise Act, 2016? |
Imprisonment for a term not less than eight years which may extend to ten years and fine not less than one lakh rupees which may extend to ten lakh rupees or with both. |
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What does Section 45 of the Bihar Prohibition and Excise Act, 2016? provide for? |
Section 45 provides for penalty for assault, threat or obstruction against excise officers, police officers or other officers in discharge of their official duties. |
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What act relating to assault or obstruction is punishable under Section 45 of the Bihar Prohibition and Excise Act, 2016? |
Assaulting, threatening to assault, obstructing or attempting to obstruct any excise officer, police officer or other officer while performing official duties. |
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What is the punishment prescribed under Section 45 of the Bihar Prohibition and Excise Act, 2016?? |
Imprisonment for a term not less than eight years which may extend to ten years and fine not less than one lakh rupees which may extend to ten lakh rupees. |
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What does Section 46 of the Bihar Prohibition and Excise Act, 2016 provide for? |
Section 46 provides for penalty for non-payment of duty or fee payable under the Act. |
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What act relating to duty or fee is punishable under Section 46 of the Bihar Prohibition and Excise Act, 2016? |
Failing to pay any duty or fee which a person is liable to pay under the Act. |
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What is the punishment prescribed under Section 46 of the Bihar Prohibition and Excise Act, 2016? |
Imprisonment for a term not less than three years which may extend to five years and fine not less than one lakh rupees which may extend to ten lakh rupees. |
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What does Section 47 of the Bihar Prohibition and Excise Act, 2016? provide for? |
Section 47 provides for penalty for allowing premises or other property to be used for the commission of an offence under the Act. |
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Who can be punished under Section 47 of the Bihar Prohibition and Excise Act, 2016?? |
Any person, whether a licensee or not, having control or use of any house, room, enclosure, space, animal or conveyance. |
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What act relating to use of premises is punishable under Section 47 of the Bihar Prohibition and Excise Act, 2016?? |
Knowingly permitting any house, room, enclosure, space, animal or conveyance to be used by another person for committing an offence under the Act. |
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What is the punishment prescribed under Section 47 of the Bihar Prohibition and Excise Act, 2016?? |
The person shall be punishable in the same manner as if he himself had committed the offence. |
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What does Section 48 of the Bihar Prohibition and Excise Act, 2016 provide for? |
Section 48 provides for penalty for attempt to commit an offence under the Act. |
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What act relating to attempt is punishable under Section 48 of the Bihar Prohibition and Excise Act, 2016? |
Attempting to commit any offence punishable under the Act. |
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What is the punishment prescribed under Section 48 of the Bihar Prohibition and Excise Act, 2016? |
The offender shall be liable to half of the maximum punishment provided for that offence under the Act. |
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What does Section 49 of the Bihar Prohibition and Excise Act, 2016? |
Section 49 provides for penalty for contempt of court in proceedings under the Act. |
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What is the nature of proceedings before the Collector under Section 49 of the Bihar Prohibition and Excise Act, 2016? |
Proceedings before the Collector or any officer exercising the powers of the Collector are deemed to be judicial proceedings. |
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Within the meaning of which provision are such proceedings deemed judicial under Section 49 of the Bihar Prohibition and Excise Act, 2016? |
They are deemed to be judicial proceedings within the meaning of Section 228 of the Indian Penal Code, 1860. |
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What is the consequence of committing contempt during such proceedings under Section 49 of the Bihar Prohibition and Excise Act, 2016? |
Any person guilty of contempt shall be punished accordingly under Section 228 of the Indian Penal Code, 1860. |
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What does Section 50 of the Bihar Prohibition and Excise Act, 2016? |
Section 50 provides for penalty on excise officers, police officers or other persons for making vexatious search, seizure, detention or arrest without reasonable grounds. |
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What act relating to unlawful entry or search is punishable under clause (a) of Section 50 of the Bihar Prohibition and Excise Act, 2016? |
Entering or searching or causing to be entered or searched any closed place under the color of exercising powers under the Act without reasonable ground for suspicion. |
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What act relating to unlawful seizure of property is punishable under clause (b) of Section 50 of the Bihar Prohibition and Excise Act, 2016? |
Seizing the movable property of any person on the pretext of seizing or searching for any article liable to confiscation under the Act without reasonable grounds. |
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What act relating to unlawful search, detention or arrest is punishable under clause (c) of Section 50 of the Bihar Prohibition and Excise Act, 2016? |
Searching, detaining or arresting any person vexatiously and without reasonable ground for suspicion. |
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What act relating to exceeding lawful authority is punishable under clause (d) of Section 50 of the Bihar Prohibition and Excise Act, 2016? |
Exceeding lawful powers in any other way while acting under the Act. |
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What is the punishment prescribed under Section 50 of the Bihar Prohibition and Excise Act, 2016? |
Imprisonment for a term which may extend to three years or fine which may extend to one lakh rupees or with both. |
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What does Section 51 of the Bihar Prohibition and Excise Act, 2016? |
Section 51 provides for penalty on excise officers or police officers refusing to perform their duty. |
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What act relating to refusal of duty is punishable under Section 51 of the Bihar Prohibition and Excise Act, 2016? |
Refusing to perform or withdrawing from the duties of office without lawful excuse. |
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Under what conditions can an excise officer or police officer withdraw from duty under Section 51 of the Bihar Prohibition and Excise Act, 2016? |
When expressly allowed in writing by the Excise Commissioner or Collector or after giving two months’ written notice to his superior officer. |
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What act relating to conduct of an officer is punishable under Section 51 of the Bihar Prohibition and Excise Act, 2016? |
Being guilty of cowardice while performing official duties. |
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What is the punishment prescribed under Section 51 of the Bihar Prohibition and Excise Act, 2016? |
Imprisonment which may extend to three months or fine which may extend to ten thousand rupees or with both. |
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What does Section 52 of the Bihar Prohibition and Excise Act, 2016 provide for? |
Section 52 provides for penalty for offences not otherwise provided for under the Act. |
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What act is punishable under Section 52 of the Bihar Prohibition and Excise Act, 2016? |
Doing any act in contravention of the provisions of the Act or any rule or order made thereunder for which no specific punishment is otherwise provided. |
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What is the punishment prescribed under Section 52 of the Bihar Prohibition and Excise Act, 2016? |
Imprisonment for a term not less than six months which may extend to seven years or fine not less than one lakh rupees which may extend to ten lakh rupees or both. |
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Deletion of section- 53 of Bihar Prohibition and Excise Act, 2016.—Section- 53 (Enhanced punishment after previous conviction) of the Bihar Prohibition and Excise Act, 2016, shall be deleted by 2018 amendment. |
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What does Section 54 of the Bihar Prohibition and Excise Act, 2016 deal with? |
Failure of occupier to disclose information of unlicensed manufacture, cultivation or consumption of liquor or intoxicant. |
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Who must report illegal manufacture or activities under Section 54(1) of the Bihar Prohibition and Excise Act, 2016? |
The occupier of the land or building or his agents. |
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What illegal activities must be reported under Section 54(1) of the Bihar Prohibition and Excise Act, 2016? |
Manufacture, sale, storage, bottling, possession, consumption of liquor or intoxicant or cultivation of excisable plants in contravention of the Act. |
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To whom must such information be given under Section 54(1) of the Bihar Prohibition and Excise Act, 2016? |
The nearest excise official, police official or the Collector. |
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When must the occupier report such illegal activities under Section 54(1) of the Bihar Prohibition and Excise Act, 2016? |
As soon as the fact comes to his knowledge. |
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What is the punishment for failure to disclose such information under Section 54(2) of the Bihar Prohibition and Excise Act, 2016? |
Imprisonment up to two years. |
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What does Section 55 of the Bihar Prohibition and Excise Act, 2016 provide for? |
Section 55 provides that offences committed in contravention of the provisions of the Act are non-compoundable. |
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What is the nature of offences under the Bihar Prohibition and Excise Act, 2016 according to Section 55? |
Offences committed under the Act are non-compoundable. |
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What does Section 56 of the Bihar Prohibition and Excise Act, 2016 deal with? |
Things liable for confiscation. |
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When does confiscation arise under Section 56 of the Bihar Prohibition and Excise Act, 2016? |
When an offence punishable under the Act has been committed. |
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What intoxicants are liable to confiscation under Section 56(a) of the Bihar Prohibition and Excise Act, 2016? |
Intoxicant or liquor unlawfully imported, transported, manufactured, sold, stored or possessed. |
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What manufacturing or storage materials are liable to confiscation under Section 56(a) of the Bihar Prohibition and Excise Act, 2016? |
Material, utensil, implement, apparatus, package or covering used for storing, manufacturing or labelling liquor or intoxicant. |
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What containers or contents are liable to confiscation under Section 56(a) of the Bihar Prohibition and Excise Act, 2016? |
Receptacles, packages, coverings and their contents used for liquor or intoxicant. |
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Which means of transport are liable to confiscation under Section 56(b) of the Bihar Prohibition and Excise Act, 2016? |
Any animal, vehicle, vessel or other conveyance used for carrying intoxicant or liquor. |
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What immovable property is liable to confiscation under Section 56(c) of the Bihar Prohibition and Excise Act, 2016? |
Any premises or part thereof used for storing or manufacturing liquor or intoxicant or committing an offence. |
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How is confiscation carried out under Section 56 of the Bihar Prohibition and Excise Act, 2016? |
In the manner prescribed under the provisions of the Act. |
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What powers does the State Government have under Section 56(d) of the Bihar Prohibition and Excise Act, 2016? |
To issue directions, guidelines, regulations and instructions regarding search, seizure and confiscation. |
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What does Section 57 of the Bihar Prohibition and Excise Act, 2016 provide for? |
Section 57 provides for the power of the Collector and other authorities to order sale or destruction of articles before confiscation. |
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Who has the power to order sale of articles before confiscation under Section 57 of the Bihar Prohibition and Excise Act, 2016? |
The Excise Commissioner, Collector, Court or any officer authorized by the State Government. |
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When can such authorities order sale of articles before confiscation under Section 57 of the Bihar Prohibition and Excise Act, 2016?? |
When the article is liable to speedy and natural decay or when the sale is considered to be in public interest or beneficial to the owner. |
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What is to be done with the proceeds of sale under Section 57 of the Bihar Prohibition and Excise Act, 2016? |
The proceeds of the sale shall be deposited with the Government. |
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When can the Collector or authorized officer order destruction of articles under the proviso to Section 57 of the Bihar Prohibition and Excise Act, 2016? |
When the article is liable to speedy and natural decay, is of trifling value or is capable of misuse and destruction is considered expedient in the circumstances. |
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What does Section 58 of the Bihar Prohibition and Excise Act, 2016? |
Section 58 provides for confiscation of property by the District Collector. |
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What is the duty of the officer seizing property under Section 58(1) of the Bihar Prohibition and Excise Act, 2016? |
The officer must without unreasonable delay submit a report of the seizure or detention to the District Collector having jurisdiction over the area. |
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When can the District Collector order confiscation under Section 58(2) of the Bihar Prohibition and Excise Act, 2016? |
When the Collector is satisfied that an offence under the Act has been committed, whether or not prosecution has been instituted or a case is pending before any court. |
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What opportunity must be given before passing a confiscation order under Section 58(3) of the Bihar Prohibition and Excise Act, 2016? |
The Collector must give the person concerned a reasonable opportunity of being heard. |
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What power does the District Collector have regarding destruction of property under Bihar Prohibition and Excise Act, 2016? |
The Collector may order destruction of confiscated property which cannot be preserved or is not fit for human consumption. |
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In whose presence must confiscated articles be destroyed under Section 58(4) of the Bihar Prohibition and Excise Act, 2016? |
In the presence of an Executive Magistrate or the officer ordering confiscation or an Excise Officer not below the rank of Sub-Inspector. |
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What power does the District Collector have regarding sale of confiscated property under Section 58(5) of the Bihar Prohibition and Excise Act, 2016? |
The Collector may order the property to be sold by public auction or disposed of departmentally and deposit the proceeds with the State Government. |
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What reporting duty is imposed on the District Collector under Section 58(6) of the Bihar Prohibition and Excise Act, 2016? |
The Collector must submit a full report of all particulars of confiscation to the Commissioner of Excise within one month. |
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What does Section 59 of the Bihar Prohibition and Excise Act, 2016? provide for? |
Section 59 provides that confiscation and destruction orders do not interfere with other punishments under the Act. |
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What is the effect of an order of confiscation under Section 59 of the Bihar Prohibition and Excise Act, 2016? |
The order of confiscation under Section 58 does not prevent the imposition of any other punishment to which the person is liable under the Act. |
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What does Section 60 of the Bihar Prohibition and Excise Act, 2016 provide for? |
Section 60 provides for bar of jurisdiction of courts in matters relating to confiscation of seized property under the Act. |
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What property is covered under the bar of jurisdiction under Section 60 of the Bihar Prohibition and Excise Act, 2016? |
Any liquor, material, still, utensil, implement, apparatus, receptacle, package, animal, cart, vessel or other conveyance seized or detained for committing an offence under the Act. |
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What is the effect of seizure or detention under Section 60 of the Bihar Prohibition and Excise Act, 2016? |
No court shall have jurisdiction to make any order regarding such seized or detained property notwithstanding anything contained in any other law. |
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What does Section 61 of the Bihar Prohibition and Excise Act, 2016 provide for? |
Section 61 provides that confiscated articles shall vest with the State Government after the confiscation order becomes final. |
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What happens to property after a confiscation order becomes final under Section 61 of the Bihar Prohibition and Excise Act, 2016? |
The confiscated property or the relevant portion of it shall vest with the State Government. |
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In what condition does the confiscated property vest with the State Government under Section 61 of the Bihar Prohibition and Excise Act, 2016? |
The property vests with the State Government free from any encumbrance. |
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What does Section 62 of the Bihar Prohibition and Excise Act, 2016 deal with? |
Premises liable to be sealed. |
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Which officers may seal premises under Section 62 of the Bihar Prohibition and Excise Act, 2016? |
An excise officer or a police officer not below the rank of Sub-Inspector. |
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Under what circumstance may premises be sealed under Section 62 of the Bihar Prohibition and Excise Act, 2016? |
When liquor or intoxicant is found or the premises is used for committing an offence under the Act. |
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What action must the officer take after sealing the premises under Section 62 of the Bihar Prohibition and Excise Act, 2016? |
Send a report to the Collector for confiscation. |
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What special rule applies to temporary structures under the proviso to Section 62 of the Bihar Prohibition and Excise Act, 2016? |
If the structure cannot be effectively sealed, it may be demolished. |
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Whose order is required for demolition of temporary structures under Section 62 of the Bihar Prohibition and Excise Act, 2016? |
Order of the Collector. |
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What does Section 63 of the Bihar Prohibition and Excise Act, 2016 provide for? |
Section 63 provides for the power of the Collector to close places where liquor, intoxicant or hemp is sold in certain cases in the interest of public peace. |
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When can the Collector order closure of a place under Section 63(1) of the Bihar Prohibition and Excise Act, 2016? |
When the Collector is of the opinion that closure of the place where liquor or intoxicant is sold is necessary in the interest of public peace. |
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To whom is the closure order issued under Section 63(1) of the Bihar Prohibition and Excise Act, 2016? |
The order is issued in writing to the person holding a license for the sale or manufacture of such intoxicant. |
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What power does an Executive Magistrate have under Section 63(2) of the Bihar Prohibition and Excise Act, 2016? |
If a riot or unlawful assembly is imminent or occurs, the Executive Magistrate present may order the place to be closed for such period as he thinks fit. |
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What must be done in the absence of an Executive Magistrate under Section 63(2) of the Bihar Prohibition and Excise Act, 2016? |
The license holder must himself close the place. |
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What is the remedy against an order passed under Section 63 of the Bihar Prohibition and Excise Act, 2016? |
An order passed by an Executive Magistrate is appealable before the Collector and an order passed by the Collector is appealable before the Excise Commissioner. |
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Deletion of section- 64 of Bihar Prohibition and Excise Act, 2016.— Section-64 (Collective fine) of the Bihar Prohibition and Excise Act, 2016, shall be deleted. |
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What does Section 65 of the Bihar Prohibition and Excise Act, 2016? provide for? |
Section 65 provides for the power of the State Government to withdraw facilities, privileges or benefits from persons charge-sheeted under offences of the Act. |
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What power is given to the State Government under Section 65 of the Bihar Prohibition and Excise Act, 2016? |
The State Government may impose restrictions or prohibit or withdraw facilities, privileges, contracts, licenses or benefits granted under any other Act, schemes or projects. |
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How are such restrictions or withdrawals imposed under Section 65 of the Bihar Prohibition and Excise Act, 2016? |
By issuing a notification published in the Official Gazette. |
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On whom can such restrictions or withdrawals be imposed under Section 65 of the Bihar Prohibition and Excise Act, 2016? |
On persons who have been charge-sheeted for offences under the Act. |
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CHAPTER-VII |
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EXTERNMENT AND INTERNMENT |
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Deletion of section- 66 of Bihar Prohibition and Excise Act, 2016.— Section-66 (Externment etc. of notorious or habitual offenders) of the Bihar Prohibition and Excise Act, 2016, shall be deleted. |
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What does Section 67 of the Bihar Prohibition and Excise Act, 2016 deal with? |
Extension of period of order. |
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Who has the power to extend the period of an order under Section 67 of the Bihar Prohibition and Excise Act, 2016? |
The Collector. |
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Which order’s period may be extended under Section 67 of the Bihar Prohibition and Excise Act, 2016? |
An order made under Section 66 of the Act. |
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What condition must be satisfied for extension under Section 67 of the Bihar Prohibition and Excise Act, 2016? |
The Collector must record reasons in writing and be satisfied that it is in the interest of the general public or any member of the public. |
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What is the maximum period of extension allowed under Section 67 of the Bihar Prohibition and Excise Act, 2016? |
The total extended period shall not exceed two years in the aggregate. |
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What does Section 68 of the Bihar Prohibition and Excise Act, 2016 deal with? |
Permission to return temporarily. |
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Who may grant temporary permission to return under Section 68 of the Bihar Prohibition and Excise Act, 2016? |
The Collector. |
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To whom may such permission be granted under Section 68 of the Bihar Prohibition and Excise Act, 2016? |
A person against whom an order has been made under Section 66. |
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What does the temporary permission allow under Section 68 of the Bihar Prohibition and Excise Act, 2016? |
To enter or return for a temporary period to the area from which he was directed to remove himself. |
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Can the Collector impose conditions under Section 68 of the Bihar Prohibition and Excise Act, 2016? |
Yes, the permission may be subject to conditions specified by the Collector. |
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Can the Collector cancel the temporary permission under Section 68 of the Bihar Prohibition and Excise Act, 2016? |
Yes, the Collector may rescind such permission at any time. |
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What does Section 69 of the Bihar Prohibition and Excise Act, 2016 deal with? |
Nature of evidence. |
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Who evaluates evidence under Section 69 of the Bihar Prohibition and Excise Act, 2016? |
The Collector. |
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For what purpose may the Collector consider evidence under Section 69 of the Bihar Prohibition and Excise Act, 2016? |
To determine whether conditions exist for making an order under Section 65. |
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What type of evidence may the Collector consider under Section 69 of the Bihar Prohibition and Excise Act, 2016? |
Any evidence which he considers to have probative value. |
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Does the Indian Evidence Act, 1872 apply under Section 69 of the Bihar Prohibition and Excise Act, 2016? |
No, the provisions of the Indian Evidence Act, 1872 shall not apply. |
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What does Section 70 of the Bihar Prohibition and Excise Act, 2016 deal with? |
Immediate arrest. |
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Who may arrest a person under Section 70 of the Bihar Prohibition and Excise Act, 2016? |
Any excise officer or police officer. |
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Is a warrant required for arrest under Section 70 of the Bihar Prohibition and Excise Act, 2016? |
No, the arrest may be made without warrant. |
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When may a person be arrested under Section 70 of the Bihar Prohibition and Excise Act, 2016? |
When he has contravened or is likely to contravene an order passed under Section 66. |
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What must be done after arrest under Section 70 of the Bihar Prohibition and Excise Act, 2016? |
The arrested person shall be immediately forwarded to the Court. |
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What does Section 71 of the Bihar Prohibition and Excise Act, 2016 deal with? |
Penalty for non-compliance of order under Section 66. |
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What offence is punishable under Section 71 of the Bihar Prohibition and Excise Act, 2016? |
Contravention of an order of the Collector made under Section 66. |
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What is the minimum imprisonment under Section 71 of the Bihar Prohibition and Excise Act, 2016? |
Imprisonment not less than five years. |
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What is the maximum imprisonment under Section 71 of the Bihar Prohibition and Excise Act, 2016? |
Imprisonment up to seven years. |
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What is the minimum fine under Section 71 of the Bihar Prohibition and Excise Act, 2016? |
Fine not less than ₹1,00,000. |
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What is the maximum fine under Section 71 of the Bihar Prohibition and Excise Act, 2016? |
Fine up to ₹10,00,000. |
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What does Section 72 of the Bihar Prohibition and Excise Act, 2016 deal with? |
Powers in relation to absconding person. |
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When may the Collector act under Section 72(1) of the Bihar Prohibition and Excise Act, 2016? |
When a person against whom an order under Section 66 is made has absconded or is concealing himself. |
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What action may the Collector take against an absconding person under Section 72(1) of the Bihar Prohibition and Excise Act, 2016? |
Issue an order directing the person to appear before a specified officer at a specified place within a specified period. |
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How must such order be published under Section 72(1) of the Bihar Prohibition and Excise Act, 2016? |
By notification in the Official Gazette and publication in a local newspaper. |
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What happens if the person fails to comply with the order under Section 72(1) of the Bihar Prohibition and Excise Act, 2016? |
The Collector may confiscate his movable and immovable properties. |
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Under which provision is confiscation done for non-compliance under Section 72(2) of the Bihar Prohibition and Excise Act, 2016? |
Under Section 58 of the Act. |
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CHAPTER-VIII |
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DETECTION, INVESTIGATION AND TRIAL OF OFFENCES |
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What does Section 73 of the Bihar Prohibition and Excise Act, 2016 provide for? |
Section 73 provides for the power to enter, inspect, search and seize under the Act. |
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Which authorities are empowered under Section 73 of the Bihar Prohibition and Excise Act, 2016 to enter, inspect, search and seize? |
The Excise Commissioner, Collector, any block level officer and above authorized by the Collector, any Excise Officer, any police officer not below the rank of Assistant Sub-Inspector, and any other officer, agency or force authorized by the State Government. |
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Can the authorities exercise powers under Section 73 of the Bihar Prohibition and Excise Act, 2016 without a warrant? |
Yes, they may exercise these powers without a warrant subject to restrictions prescribed by the State Government. |
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What powers are granted to the authorities under Section 73 of the Bihar Prohibition and Excise Act, 2016? |
They may enter, inspect and search any place at any time, day or night. |
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What items may be seized under Section 73 of the Bihar Prohibition and Excise Act, 2016?? |
Any document, sample, equipment, conveyance, animal, commodity, intoxicant, material, raw material or any other item of concern. |
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What does Section 74 of the Bihar Prohibition and Excise Act, 2016 provide for? |
Section 74 provides for the power to arrest or detain without warrant under the Act. |
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Who has the power to arrest or detain without warrant under Section 74 of the Bihar Prohibition and Excise Act, 2016? |
Any of the officers mentioned in Section 73 of the Act. |
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When can arrest or detention without warrant be made under Section 74(1) of the Bihar Prohibition and Excise Act, 2016? |
When a person or vehicle, animal or other means of conveyance is found committing or attempting to commit an offence punishable under the Act. |
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At what time can arrest or detention be made under Section 74(1) of the Bihar Prohibition and Excise Act, 2016? |
At any time of day or night. |
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What is the duty after making an arrest under Section 74(2) of the Bihar Prohibition and Excise Act, 2016? |
All arrests made must be reported to the Collector forthwith. |
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What does Section 75 of the Bihar Prohibition and Excise Act, 2016 Provide for? |
Section 75 provides for the power to conduct breath analysis tests and medical tests. |
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Who has the power to require breath analysis or medical tests under Section 75(1) of the Bihar Prohibition and Excise Act, 2016? |
Any of the officers mentioned in Section 73 of the Act. |
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What can the officers require a person to undergo under Section 75(1) of the Bihar Prohibition and Excise Act, 2016? |
Breath analysis tests and/or medical tests as deemed fit by the officer. |
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What is the duty of a person asked to undergo such tests under Section 75(2) of the Bihar Prohibition and Excise Act, 2016? |
The person must submit himself to such breath analysis or medical tests. |
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What presumption arises if a person refuses to undergo tests under Section 75(2) of the Bihar Prohibition and Excise Act, 2016? |
It shall be presumed that he has committed an offence under Section 37 of the Act and he shall be prosecuted accordingly. |
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What is the evidentiary value of the test reports under Section 75(3) of the Bihar Prohibition and Excise Act, 2016? |
The reports of such tests are admissible as evidence under the Indian Evidence Act, 1872. |
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What does Section 76 of the Bihar Prohibition and Excise Act, 2016 provide for? |
Section 76 provides that offences under the Act are cognizable and non-bailable. |
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What is the nature of offences under the Bihar Prohibition and Excise Act, 2016? according to Section 76(1)? |
All offences under the Act are cognizable and non-bailable and the provisions of the Code of Criminal Procedure, 1973 shall apply. |
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What amendment was made to Section 76 of the Bihar Prohibition and Excise Act, 2016? |
A proviso was inserted after sub-section (1) of Section 76. |
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What does the proviso inserted in Section 76 of the Bihar Prohibition and Excise Act, 2016 state? |
That certain offences shall be bailable. |
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Which offence under Section 37 is made bailable by the proviso inserted in Section 76 of the Bihar Prohibition and Excise Act, 2016? |
The first offence under Section 37(1). |
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Which other offence is declared bailable by the proviso inserted in Section 76 of the Bihar Prohibition and Excise Act, 2016? |
Offence under Section 54 of the Act. |
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Where is the proviso regarding bailable offences placed in the Bihar Prohibition and Excise Act, 2016? |
After sub-section (1) of Section 76. |
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Which provisions of the Code of Criminal Procedure, 1973 do not apply under Section 76(2) of the Bihar Prohibition and Excise Act, 2016? |
Section 360 of the Code of Criminal Procedure, 1973 and Section 438 of the Code of Criminal Procedure, 1973 do not apply. |
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Which Act relating to probation does not apply under Section 76(2) of the Bihar Prohibition and Excise Act, 2016? |
The Probation of Offenders Act, 1958 does not apply. |
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What is the effect of Section 76(2) of the Bihar Prohibition and Excise Act, 2016 on persons accused under the Act? |
Persons accused of offences under the Act cannot claim benefit of probation or anticipatory bail. |
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What does Section 77 of the Bihar Prohibition and Excise Act, 2016 provide for? |
Section 77 provides for the power to obtain information relating to unlawful handling of liquor or intoxicant. |
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Who has the power to obtain information under Section 77 of the Bihar Prohibition and Excise Act, 2016? |
The Excise Commissioner, Collector, any excise officer or any police officer not below the rank of Assistant Sub-Inspector. |
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From whom can information be required under Section 77 of the Bihar Prohibition and Excise Act, 2016? |
Any person or establishment reasonably connected with unlawful handling of liquor or intoxicant. |
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How can such information be required under Section 77 of the Bihar Prohibition and Excise Act, 2016? |
By issuing an order requiring the person or establishment to furnish specified information. |
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What does Section 78 of the Bihar Prohibition and Excise Act, 2016 provide for? |
Section 78 provides for the power to investigate offences under the Act. |
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Who has the power to investigate offences under Section 78(1) of the Bihar Prohibition and Excise Act, 2016? |
Any excise officer may investigate any offence punishable under the Act. |
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Who has the power to investigate offences under Section 78(2) of the Bihar Prohibition and Excise Act, 2016? |
Any police officer not below the rank of Assistant Sub-Inspector may investigate any offence punishable under the Act. |
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What does Section 79 of the Bihar Prohibition and Excise Act, 2016 provide for? |
Section 79 provides for the powers of excise officers under the Act. |
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What powers are exercised by excise officers under Section 79(1) of the Bihar Prohibition and Excise Act, 2016? |
Excise officers mentioned in Section 73 exercise the powers of the officer-in-charge of a police station within their jurisdiction for the purposes of the Act. |
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What is the status of the area under the jurisdiction of an excise officer under Section 79(2) of the Bihar Prohibition and Excise Act, 2016?? |
The area to which an excise officer is empowered shall be deemed to be a police station. |
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What does Section 80 of the Bihar Prohibition and Excise Act, 2016 provide for? |
Section 80 provides for production of persons arrested under the Act before the Court. |
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What is the duty regarding production of an arrested person under Section 80 of the Bihar Prohibition and Excise Act, 2016? |
Any person arrested under the Act must be produced before the Court within twenty four hours. |
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What does Section 81 of the Bihar Prohibition and Excise Act, 2016 provide for? |
Section 81 provides for the duty of police to accept seized articles and arrested persons under the Act. |
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What duty is imposed on the officer-in-charge of a police station under Section 81 of the Bihar Prohibition and Excise Act, 2016? |
He must take charge of and keep in safe custody all articles seized or persons arrested under the Act which are delivered to him. |
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Until whose order must the seized articles or arrested persons be kept in custody under Section 81 of the Bihar Prohibition and Excise Act, 2016? |
Until the order of the Court or the Collector. |
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What right does the excise officer have regarding seized articles under Section 81 of the Bihar Prohibition and Excise Act, 2016? |
The excise officer may affix his seal to the seized articles and take samples from them. |
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What does Section 82 of the Bihar Prohibition and Excise Act, 2016 provide for? |
Section 82 provides for submission of reports of arrests, seizures and searches under the Act. |
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What duty is imposed on a police officer under Section 82 of the Bihar Prohibition and Excise Act, 2016 after making an arrest, search or seizure? |
The police officer must submit a report to the Collector and to the excise officers empowered under Section 73. |
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Within what time must the report be submitted under Section 82 of the Bihar Prohibition and Excise Act, 2016? |
The report must be submitted within twenty four hours. |
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What does Section 83 of the Bihar Prohibition and Excise Act, 2016 provide for? |
Section 83 provides that offences under the Act shall be tried by the Court of Sessions. |
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Which court has jurisdiction to try offences under the Bihar Prohibition and Excise Act, 2016? according to Section 83? |
All offences punishable under the Act shall be tried by the Court of Sessions. |
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What does Section 84 of the Bihar Prohibition and Excise Act, 2016 provide for? |
Section 84 provides for establishment of Special Courts for trial of offences under the Act. |
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Who has the power to appoint or designate Special Courts under Section 84(1) of the Bihar Prohibition and Excise Act, 2016? |
The State Government in consultation with the Chief Justice of the High Court. |
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For what purpose are Special Courts established under Section 84(1) of the Bihar Prohibition and Excise Act, 2016? |
For the trial of all or any offences under the Act in the public interest. |
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Who presides over a Special Court under Section 84(2) of the Bihar Prohibition and Excise Act, 2016? |
A Special Judge who is or has been a Sessions Judge, Additional Sessions Judge or Assistant Sessions Judge under the Code of Criminal Procedure, 1973. |
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What priority is given to trials before the Special Court under Section 84(3) of the Bihar Prohibition and Excise Act, 2016? |
Trials under the Act by the Special Court shall have precedence over trials of other cases against the accused in any other Court. |
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What happens to pending cases under the Bihar Excise Act, 1915 according to Section 84(4) of the Bihar Prohibition and Excise Act, 2016? |
All such pending trials and proceedings shall stand transferred to the Special Courts. |
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What does Section 85 of the Bihar Prohibition and Excise Act, 2016 provide for? |
Section 85 provides for the procedure and powers of the Special Judge for trial of offences under the Act. |
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Can a Special Judge take cognizance of offences without committal under Section 85(1) of the Bihar Prohibition and Excise Act, 2016? |
Yes, a Special Judge may take cognizance of offences without the accused being committed to him for trial. |
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What procedure is followed by the Special Judge under Section 85(1) of the Bihar Prohibition and Excise Act, 2016? |
The procedure prescribed by the Code of Criminal Procedure, 1973 for the trial of warrant cases by Magistrates. |
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Which provisions generally apply to proceedings before a Special Judge under Section 85(2) of Bihar Prohibition and Excise Act, 2016? |
The provisions of the Code of Criminal Procedure, 1973 insofar as they are not inconsistent with the Act. |
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How is the Special Court treated under the Code of Criminal Procedure according to Section 85(2) of the Bihar Prohibition and Excise Act, 2016? |
The Court of the Special Judge is deemed to be a Court of Session and the prosecutor is deemed to be a Public Prosecutor. |
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Which provisions of the Code of Criminal Procedure specifically apply under Section 85(3) of the Bihar Prohibition and Excise Act, 2016? |
Sections 326 and 475 of the Code of Criminal Procedure, 1973. |
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What sentencing power does the Special Judge have under Section 85(4) of the Bihar Prohibition and Excise Act, 2016? |
The Special Judge may pass any sentence authorized by law for the offence of which the person is convicted. |
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What additional powers are exercised by the Special Judge under Section 85(5) of the Bihar Prohibition and Excise Act, 2016? |
The powers and functions exercisable by a District Judge under the Criminal Law Amendment Ordinance, 1944. |
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How should trials be conducted by the Special Judge under Section 85(6) of the Bihar Prohibition and Excise Act, 2016? |
As far as practicable, the trial should be conducted on a day-to-day basis. |
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What does Section 86 of the Bihar Prohibition and Excise Act, 2016 provide for? |
Section 86 provides for the power of the Special Court to transfer cases to regular courts. |
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When can a Special Court transfer a case under Section 86 of the Bihar Prohibition and Excise Act, 2016? |
When after taking cognizance of an offence it is of the opinion that the offence is not triable by it. |
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To whom may the Special Court transfer the case under Section 86 of the Bihar Prohibition and Excise Act, 2016?? |
To any court having jurisdiction under the Code of Criminal Procedure, 1973. |
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How shall the court receiving the transferred case proceed under Section 86 of the Bihar Prohibition and Excise Act, 2016?? |
The court may proceed with the trial as if it had taken cognizance of the offence itself. |
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What does Section 87 of the Bihar Prohibition and Excise Act, 2016 provide for? |
Section 87 provides for the power of the Special Court to implead manufacturer, distributor, dealer, owner or occupier involved in an offence during trial. |
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When can the Special Court exercise power under Section 87 of the Bihar Prohibition and Excise Act, 2016?? |
When during the trial the Court is satisfied from the evidence that the manufacturer, distributor, dealer, owner or occupier is also concerned with the offence. |
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Against whom can proceedings be initiated under Section 87 of the Bihar Prohibition and Excise Act, 2016?? |
Against the manufacturer, distributor, dealer of intoxicant or the owner or occupier of the premises involved in the offence. |
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Which provision of the Code of Criminal Procedure is overridden under Section 87 of the Bihar Prohibition and Excise Act, 2016?? |
Sub-section (3) of Section 319 of the Code of Criminal Procedure, 1973. |
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What power does the Special Court have after impleading such persons under Section 87 of the Bihar Prohibition and Excise Act, 2016?? |
The Court may proceed against them under any section of the chapter for the offence. |
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What does Section 88 of the Bihar Prohibition and Excise Act, 2016 provide for? |
Section 88 provides for appointment of Special and Additional Public Prosecutors for Special Courts. |
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Who appoints Special or Additional Public Prosecutors under Section 88 of the Bihar Prohibition and Excise Act, 2016? |
The State Government. |
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For which courts are Special or Additional Public Prosecutors appointed under Section 88 of the Bihar Prohibition and Excise Act, 2016? |
For the Special Courts established under Section 84 of the Act. |
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Under which provision is the procedure for appointment followed under Section 88 of the Bihar Prohibition and Excise Act, 2016? |
Section 24 of the Code of Criminal Procedure, 1973. |
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Can more than one Additional Public Prosecutor be appointed under Section 88 of the Bihar Prohibition and Excise Act, 2016? |
Yes, the State Government may appoint more than one Additional Public Prosecutor. |
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What does Section 89 of Bihar Prohibition and Excise Act, 2016 provide for? |
Section 89 provides for appeal against orders of the Special Court. |
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Who can file an appeal under Section 89 of the Bihar Prohibition and Excise Act, 2016? |
Any person aggrieved by an order of the Special Court. |
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Where can an appeal be filed under Section 89 of the Bihar Prohibition and Excise Act, 2016? |
In the High Court. |
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Within what time must an appeal be filed under Section 89 of the Bihar Prohibition and Excise Act, 2016? |
Within forty five days from the date of the order. |
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What does Section 90 of the Bihar Prohibition and Excise Act, 2016 provide for? |
Section 90 provides for application of certain provisions of the Code of Criminal Procedure, 1973 to proceedings under the Act. |
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Which provisions of the Code of Criminal Procedure, 1973 apply under Section 90 of the Bihar Prohibition and Excise Act, 2016? |
Provisions relating to arrests, detention, searches, summons, warrants of arrest, search warrants and production of persons arrested or articles seized. |
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To what actions do these provisions apply under Section 90 of the Bihar Prohibition and Excise Act, 2016? |
They apply to arrests, detentions, searches, summons and warrants issued, and production of persons arrested or articles seized under the Act. |
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What modification is made in Section 243(1) of the Code of Criminal Procedure under Section 90(2)(a) of the Bihar Prohibition and Excise Act, 2016? |
The accused must first submit in writing a list of witnesses and documents he proposes to rely upon before being called upon to enter his defence. |
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What modification is made in Section 309(2) of the Code of Criminal Procedure under Section 90(2)(b) of the Bihar Prohibition and Excise Act, 2016? |
Proceedings shall not be adjourned or postponed merely because an application under Section 397 of the Code of Criminal Procedure has been filed. |
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What additional provision is inserted after Section 317(2) of the Code of Criminal Procedure under Section 90(2)(c) of the Bihar Prohibition and Excise Act, 2016? |
The Judge may proceed with the enquiry or trial in the absence of the accused or his pleader and record evidence, subject to the right of the accused to recall the witness for cross-examination. |
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What modification is made in Section 397(1) of the Code of Criminal Procedure under Section 90(2)(d) of the Bihar Prohibition and Excise Act, 2016? |
The court shall not ordinarily call for the record of proceedings without giving the other party an opportunity to show cause or if the record can be examined from certified copies. |
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What does Section 91 of the Bihar Prohibition and Excise Act, 2016 provide for? |
Section 91 provides for the procedure for launching prosecution under the Act. |
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Who shall register a case when a violation of the Act is detected under Section 91(1) of the Bihar Prohibition and Excise Act, 2016? |
The excise officer or police officer not below the rank of Assistant Sub-Inspector. |
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What is the next step after registration of the case under Section 91(2) of the Bihar Prohibition and Excise Act, 2016? |
The concerned excise officer or police officer shall proceed to investigate the case. |
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Within what time must the investigation report be filed under Section 91(3) of the Bihar Prohibition and Excise Act, 2016? |
Within sixty days from the date of registration of the case. |
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What is the status of the report filed under Section 91(4) of the Bihar Prohibition and Excise Act, 2016? |
The report is deemed to be a police report for the purposes of Sections 173(2) and 190 of the Code of Criminal Procedure, 1973. |
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What duty is imposed on the Collector under Section 91(5) of the Bihar Prohibition and Excise Act, 2016? |
The Collector must ensure timely filing of the report and monitor effective prosecution of cases before the courts. |
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What duty is imposed on the Superintendent of Police under Section 91(6) of the Bihar Prohibition and Excise Act, 2016?
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The Superintendent of Police must monitor the status of cases filed by police officers and submit periodic reports to the Excise Commissioner and the Collector. |
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CHAPTER-IX |
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APPEALS AND REVISION |
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What does Section 92 of the Bihar Prohibition and Excise Act, 2016 deal with? |
Appeals. |
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To whom can orders of Excise Officers (other than the Excise Commissioner or Collector) be appealed under Section 92(1) of the Bihar Prohibition and Excise Act, 2016? |
The Collector. |
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What is the time limit for filing appeal to the Collector under Section 92(1) of the Bihar Prohibition and Excise Act, 2016? |
Within sixty days from the date of the order. |
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To whom can orders of the Collector be appealed under Section 92(2) of the Bihar Prohibition and Excise Act, 2016? |
The Excise Commissioner. |
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To whom can orders of the Excise Commissioner be appealed under Section 92(2) of the Bihar Prohibition and Excise Act, 2016? |
The State Government. |
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What is the time limit for filing appeals under Section 92(2) of the Bihar Prohibition and Excise Act, 2016? |
Within ninety days from the date of the order. |
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Is a second appeal allowed against the order of the Excise Commissioner under Section 92 of the Bihar Prohibition and Excise Act, 2016? |
No, second appeal is barred. |
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Who may frame rules regarding appeals under Section 92(3) of the Bihar Prohibition and Excise Act, 2016? |
The State Government. |
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What does Section 93 of the Bihar Prohibition and Excise Act, 2016 deal with? |
Revision. |
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Who has the power of revision under Section 93 of the Bihar Prohibition and Excise Act, 2016? |
The State Government. |
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How may the State Government initiate revision under Section 93 of the Bihar Prohibition and Excise Act, 2016? |
On its own motion or on an application made to it. |
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Whose proceedings may be examined in revision under Section 93 of the Bihar Prohibition and Excise Act, 2016? |
Proceedings before any Excise Officer. |
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What types of documents may be examined under Section 93 of the Bihar Prohibition and Excise Act, 2016? |
Documents relating to renewal or refusal of license or grant of permit, pass etc. |
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For what purpose may the State Government call for records under Section 93 of the Bihar Prohibition and Excise Act, 2016? |
To satisfy itself about the correctness, legality and regularity of the order or proceeding. |
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What interim direction may the State Government give when calling for records under Section 93 of the Bihar Prohibition and Excise Act, 2016? |
That the order shall not be given effect during the examination of records. |
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What powers does the State Government have after examining records under Section 93 of the Bihar Prohibition and Excise Act, 2016? |
It may annul, reverse, modify, confirm the order or pass any other order as it deems fit. |
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CHAPTER-X |
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EXEMPTIONS |
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What does Section 94 of the Bihar Prohibition and Excise Act, 2016 deal with? |
Power of the State Government to exempt intoxicants from the provisions of the Act. |
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Who has the power to grant exemption under Section 94 of the Bihar Prohibition and Excise Act, 2016? |
The State Government. |
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How may the State Government grant exemption under Section 94 of the Bihar Prohibition and Excise Act, 2016? |
By notification. |
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What may be exempted under Section 94 of the Bihar Prohibition and Excise Act, 2016? |
Any intoxicant or any manufactory of an intoxicant. |
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Can the exemption under Section 94 of the Bihar Prohibition and Excise Act, 2016 be partial or complete? |
Yes, it may be wholly or partially exempted. |
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Can the exemption under Section 94 of the Bihar Prohibition and Excise Act, 2016 be subject to conditions? |
Yes, it may be subject to conditions prescribed by the State Government. |
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Where may such exemption apply under Section 94 of the Bihar Prohibition and Excise Act, 2016? |
Throughout the State or in any specified area of the State. |
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For what duration may exemption be granted under Section 94 of the Bihar Prohibition and Excise Act, 2016? |
For any specified period or occasion. |
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To whom may exemption apply under Section 94 of the Bihar Prohibition and Excise Act, 2016? |
To any specified class of persons. |
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For what purpose may exemption be granted under Section 94 of the Bihar Prohibition and Excise Act, 2016? |
For such purposes as the State Government may specify. |
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CHAPTER-XI |
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MISCELLANEOUS |
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What does Section 95 of the Bihar Prohibition and Excise Act, 2016 deal with? |
Power of the State Government to make rules. |
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Who has the power to make rules under Section 95(1) of the Bihar Prohibition and Excise Act, 2016? |
The State Government. |
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How are rules made under Section 95(1) of the Bihar Prohibition and Excise Act, 2016? |
By notification in the Official Gazette. |
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What condition must rules satisfy under Section 95(1) of the Bihar Prohibition and Excise Act, 2016? |
They must not be inconsistent with the provisions of the Act. |
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For what purpose are rules made under Section 95(1) of the Bihar Prohibition and Excise Act, 2016? |
To carry out the purposes of the Act. |
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What may rules prescribe regarding excise officers under Section 95(2)(a) of the Bihar Prohibition and Excise Act, 2016? |
Powers and duties of excise officers. |
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What may rules prescribe regarding appeals and revisions under Section 95(2)(b) of the Bihar Prohibition and Excise Act, 2016? |
The manner of dealing with appeals and revisions. |
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What may rules prescribe regarding prosecution under Section 95(2)(c) of the Bihar Prohibition and Excise Act, 2016? |
The process of filing prosecution reports by excise officers. |
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What may rules prescribe regarding prosecutors under Section 95(2)(d) of the Bihar Prohibition and Excise Act, 2016? |
Procedure for appointment of Special Public Prosecutors or Additional Public Prosecutors. |
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What may rules prescribe regarding monitoring prosecution under Section 95(2)(e) of the Bihar Prohibition and Excise Act, 2016? |
Manner of monitoring prosecution of cases by the Collector. |
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What may rules regulate regarding spirit and ethanol under Section 95(2)(f) of the Bihar Prohibition and Excise Act, 2016? |
Manufacturing, storage, disposal and denaturation process. |
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What may rules regulate regarding duty or fee under Section 95(2)(g) of the Bihar Prohibition and Excise Act, 2016? |
Time, place, rate and manner of payment and security for payment. |
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What may rules prescribe regarding licenses, permits or passes under Section 95(2)(h) of the Bihar Prohibition and Excise Act, 2016? |
Authority, form, manner and conditions of grant. |
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What may rules provide regarding unfit liquor under Section 95(2)(i) of the Bihar Prohibition and Excise Act, 2016? |
Destruction or disposal of liquor deemed unfit for use. |
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What may rules regulate regarding confiscated articles under Section 95(2)(j) of the Bihar Prohibition and Excise Act, 2016? |
Disposal of confiscated articles. |
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What may rules provide regarding rewards under Section 95(2)(k) of the Bihar Prohibition and Excise Act, 2016? |
Grant of rewards to excise officers and informers. |
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What may rules regulate regarding witnesses under Section 95(2)(l) of the Bihar Prohibition and Excise Act, 2016? |
Grant of expenses to witnesses. |
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What may rules regulate regarding summons under Section 95(2)(m) of the Bihar Prohibition and Excise Act, 2016? |
Power of excise officers to summon witnesses. |
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What activities may rules curb under Section 95(2)(n) of the Bihar Prohibition and Excise Act, 2016? |
Activities of bootleggers involved in illegal manufacture, storage, transport, import, export or sale of liquor. |
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What may rules prescribe regarding sealing and confiscation under Section 95(2)(o) of the Bihar Prohibition and Excise Act, 2016? |
Procedure for sealing premises, confiscation and community fine. |
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What may rules prescribe regarding delegation of powers under Section 95(2)(p) of the Bihar Prohibition and Excise Act, 2016? |
Delegation of powers and duties between the Board, Excise Commissioner and Collector. |
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What miscellaneous matters may rules cover under Section 95(2)(q) of the Bihar Prohibition and Excise Act, 2016? |
Any matter considered essential by the Government. |
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What additional matters may be prescribed under Section 95(2)(r) of the Bihar Prohibition and Excise Act, 2016? |
Any matter required or permitted to be prescribed under the Act. |
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What does Section 95(3) of the Bihar Prohibition and Excise Act, 2016 deal with? |
Laying of rules before the State Legislature. |
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What must be done with rules made under the Bihar Prohibition and Excise Act, 2016 under Section 95(3)? |
They must be laid before the State Legislature. |
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When must the rules be laid before the Legislature under Section 95(3) of the Bihar Prohibition and Excise Act, 2016? |
As soon as possible after they are made while the Legislature is in session. |
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For how long must rules be laid before the Legislature under Section 95(3) of the Bihar Prohibition and Excise Act, 2016? |
For a total period of thirty days. |
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Can the thirty-day period be spread across multiple sessions under Section 95(3) of the Bihar Prohibition and Excise Act, 2016? |
Yes, it may be in one session or two or more successive sessions. |
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What power does the Legislature have regarding rules under Section 95(3) of the Bihar Prohibition and Excise Act, 2016? |
It may modify the rule or decide that the rule should not be made. |
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What happens if the Legislature modifies the rule under Section 95(3) of the Bihar Prohibition and Excise Act, 2016? |
The rule shall thereafter have effect only in the modified form. |
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What happens if the Legislature decides that the rule should not be made under Section 95(3) of the Bihar Prohibition and Excise Act, 2016? |
The rule shall cease to have effect. |
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Does modification or annulment affect past actions taken under the rule under Section 95(3) of the Bihar Prohibition and Excise Act, 2016? |
No, validity of actions already done or omitted remains unaffected. |
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What does Section 96 of the Bihar Prohibition and Excise Act, 2016 deal with? |
Officers to be public servants and protection of actions taken in good faith. |
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Who are deemed public servants under Section 96(1) of the Bihar Prohibition and Excise Act, 2016? |
All officers and persons empowered to exercise powers or perform functions under the Act. |
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Under which IPC provision are such officers treated as public servants under Section 96(1) of the Bihar Prohibition and Excise Act, 2016? |
Section 21 of the Indian Penal Code, 1860. |
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Can a civil suit for damages be filed against the State Government or excise officer under Section 96(2) of the Bihar Prohibition and Excise Act, 2016? |
No, if the act was done in good faith under the Act or other excise laws. |
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What type of acts are protected under Section 96(2) of the Bihar Prohibition and Excise Act, 2016? |
Acts done or ordered to be done in good faith under the Act or related excise laws. |
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Can a civil court try suits against the State Government regarding actions under the Act under Section 96(3) of the Bihar Prohibition and Excise Act, 2016? |
No, civil courts have no jurisdiction over such suits. |
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What is required before a Magistrate can take cognizance of charges against an excise officer under Section 96(3) of the Bihar Prohibition and Excise Act, 2016? |
Previous sanction of the State Government. |
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What does Section 97 of the Bihar Prohibition and Excise Act, 2016 deal with? |
Continuation of existing orders, notifications, rules and regulations. |
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Which previous Acts are referred to under Section 97(1) of the Bihar Prohibition and Excise Act, 2016? |
Bihar Excise Act, 1915; Bihar Excise (Amendment) Act, 1973; Bihar Excise (Amending & Validating) Act, 1981; Bihar and Orissa Excise (Amendment) Act, 1985; Bihar Excise (Amending and Validating) Act, 1995; Bihar Excise (Amendment) Act, 2016; Bihar Prohibition Act, 1938. |
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Which authorities’ orders are covered under Section 97(1) of the Bihar Prohibition and Excise Act, 2016? |
Orders made by the State Government, Excise Commissioner, Collector, Board or any Excise Officer. |
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What types of instruments continue under Section 97(1) of the Bihar Prohibition and Excise Act, 2016? |
Orders, notifications, rules and regulations relating to excise matters. |
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Under what condition do previous orders continue under Section 97(1) of the Bihar Prohibition and Excise Act, 2016? |
If they are not inconsistent with the provisions of this Act. |
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How are such previous orders treated under Section 97(1) of the Bihar Prohibition and Excise Act, 2016? |
They are deemed to continue in force and to have been made under this Act. |
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What does Section 98 of the Bihar Prohibition and Excise Act, 2016 deal with? |
Repeal and savings. |
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Which Acts are repealed under Section 98(1) of the Bihar Prohibition and Excise Act, 2016? |
Bihar Excise Act, 1915 and its amendments including 1973, 1981, 1985, 1995, 2016 and the Bihar Prohibition Act, 1938. |
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What happens to actions taken under repealed Acts under Section 98(2) of the Bihar Prohibition and Excise Act, 2016? |
They are deemed to have been done under the corresponding provisions of this Act. |
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How are references to repealed provisions treated under Section 98(3) of the Bihar Prohibition and Excise Act, 2016? |
They are construed as references to corresponding provisions of this Act. |
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What happens to pending proceedings under Section 98(4) of the Bihar Prohibition and Excise Act, 2016? |
They continue as proceedings under this Act. |
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Which types of pending proceedings are covered under Section 98(4) of the Bihar Prohibition and Excise Act, 2016? |
All proceedings including investigations pending before any officer, authority or court. |
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What does Section 99 of the Bihar Prohibition and Excise Act, 2016 deal with? |
Validation of previous excise laws and amendments. |
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What is the overriding clause used in Section 99 of the Bihar Prohibition and Excise Act, 2016? |
Notwithstanding anything contained in any judgment, decree or order of any court, tribunal or authority. |
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Which principal Acts are validated under Section 99(a) of the Bihar Prohibition and Excise Act, 2016? |
Bihar Excise Act, 1915 and Bihar Prohibition Act, 1938. |
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Which amendment Acts are validated under Section 99(a) of the Bihar Prohibition and Excise Act, 2016? |
Bihar Excise (Amendment) Act, 1973; Bihar Excise (Amending & Validating) Act, 1981; Bihar and Orissa Excise (Amendment) Act, 1985; Bihar Excise (Amending and Validating) Act, 1995; Bihar Excise (Amendment) Act, 2016. |
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What legal effect is given to these Acts under Section 99(a) of the Bihar Prohibition and Excise Act, 2016? |
They are deemed always to have been in force for all purposes. |
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What is the purpose of the validation under Section 99(a) of the Bihar Prohibition and Excise Act, 2016? |
To treat earlier excise laws and amendments as valid and effective at all material times. |
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What does Section 99(b) of the Bihar Prohibition and Excise Act, 2016 deal with? |
Bar on suits or proceedings for enforcement of earlier court orders under repealed excise laws. |
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What restriction is imposed under Section 99(b) of the Bihar Prohibition and Excise Act, 2016? |
No suit or proceeding shall be maintained or continued for enforcing certain decrees or orders. |
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Where are such suits or proceedings barred under Section 99(b) of the Bihar Prohibition and Excise Act, 2016? |
In any court, tribunal or authority. |
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Which earlier laws are referred to in Section 99(b) of the Bihar Prohibition and Excise Act, 2016? |
Bihar Excise Act, 1915 and its amending Acts and the Bihar Prohibition Act, 1938. |
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What is the time reference mentioned under Section 99(b) of the Bihar Prohibition and Excise Act, 2016? |
As those laws stood before the commencement of the Bihar Prohibition and Excise Act, 2016. |
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What does Section 100 of the Bihar Prohibition and Excise Act, 2016 deal with? |
Power to remove difficulty. |
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Who has the power to remove difficulties under Section 100(1) of the Bihar Prohibition and Excise Act, 2016? |
The State Government. |
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How may the State Government exercise this power under Section 100(1) of the Bihar Prohibition and Excise Act, 2016? |
By issuing a notification in the Official Gazette. |
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For what purpose may the State Government issue such notification under Section 100(1) of the Bihar Prohibition and Excise Act, 2016? |
To remove difficulties in giving effect to the provisions of the Act. |
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What must be done with the notification issued under Section 100(2) of the Bihar Prohibition and Excise Act, 2016? |
It must be laid before the State Legislature. |
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When must the notification be laid before the Legislature under Section 100(2) of the Bihar Prohibition and Excise Act, 2016? |
As soon as possible after it is issued. |