[1]THE
ORISSA EXCISE RULES, 1965 [24th
JULY 1965] In exercise of the powers
conferred by Section 89 of the Bihar and Orissa Excise Act, 1915 (Bihar and
Orissa Act 2 of 1915), and in supersession of all existing rules on the subject
including those contained in the Notification of the Government of Orissa in
Local Self-Government Department No. 1827 L.S.G.dated the 31st March, 1937, the
State Government do hereby make the following rules, the same having been
previously published as required under Sub-section (3) of the said Section of
the said Act. CHAPTER-I GENERAL These rules may be called the
Orissa Excise Rules, 1965. In these rules, unless the
context otherwise requires - (1)
"Act" means the Bihar and Orissa Excise Act, 1915 (Bihar
and Orissa Act 2 of 1915). (2)
"Additional District Magistrate" means any officer
appointed as such under Sub-section (2) of Section 10 of the Code of Criminal
Procedure, 1898 (Act 5 of 1898); (3)
"Board's rules" means rules made by Board under Section
90 of the Act; (4)
"Civil Surgeon" means the Civil Surgeon of a district or
any other Officer of equivalent or higher rank of the Department of Health
Services having control or exercising supervision over the institution in
respect of which he is required to exercise any powers or discharge any function
under these rules; (5)
"Commissioner" means the Excise Commissioner; (6)
"Director" means the Director of the Department of
Animal Husbandry and Veterinary Services, Orissa and includes a Deputy Director
of that department; (7)
"District" means a district as defined in the Orissa
Revenue Administration (Units) Act, 1963; (8)
"Government" means the State Government of Orissa; (9)
"Inspector" means an Inspector of Excise; (10)
"Medicinal preparation" shall have the same meaning as
assigned to it in the Medical and Toilet Preparations (Excise Duties) Act, 1955
(Act 16 of 1955); [2][***] [3][(11)]
"Section" means a Section of the Act; [4][(12)]
"Sub-Inspector" means a Sub-Inspector of Excise; [5][(13)]
"Superintendent" means a Superintendent of Excise; [6][(14)]
"Toilet Preparation" shall have the same meaning as assigned to it in
the Medicinal and Toilet Preparations (Excise Duties) Act, 1955 (Act 16 of
1955); [7][(15)]
Words and expressions used but not defined in these rules shall have the same
meaning as respectively assigned to them in the Act. CHAPTER-II IMPORT, EXPORT AND TRANSPORT OF INTOXICANTS PART-I PRELIMINARY (1)
Subject to the provisions of the Medicinal and Toilet Preparations
(Excise Duties) Act, 1955 and the rules made thereunder by the Central
Government, the import, export and transport of the intoxicant therein
specified shall be regulated by the rules in this Chapter and shall also be
subject to the restrictions imposed by Sections 9, 10 and 12 or under Section
90 and to any prohibition made under Section 11. Validity and Currency of Pass - (2)
A pass issued for import, export or transport of any intoxicant shall remain
valid for such period as may be specified in it by the person issuing it. Provided that the period can be
extended or reduced by the said person or his successor in office for reasons
to be recorded on the pass. PART-II FOREIGN
LIQUOR A-Import Import of India-made foreign
liquor (except perfumed spirit and spirit contained in drugs, medicines
and chemicals) in any quantity whatsoever, by any person for his private
consumption is prohibited. (1)
Import of India made foreign liquor by clubs or by persons holding
licences for sale, is allowed only under cover of passes from the Collector of
the importing district and only after the following conditions have been
satisfied. (i)
the importer has obeyed all rules in the district or place from
which the liquor is brought. (ii)
the Chief Revenue Authority of such district or place or the
Officer-in-charge of the distillery, brewery or warehouse from which it was
taken has made endorsements on the pass granted by the Collector of the
importing district or place, and also on a copy thereof sent to him by the
Collector of the importing district or place, or has himself issued an export
pass in such form as may be prescribed for use in the district or place of
issue; (iii)
the Collector of the importing district has received back from the
officer making the endorsement or issuing the export pass, referred to in
Clause (ii), the copy of the import pass issued by the former, either endorsed
by the latter or accompanied by the export pass issued by the latter; and (iv)
the liquor has been brought by the route and within the period
specified in the pass. [8](2)
"The passes referred to in Sub-rule (1) will be issued on the application
of the intending importer on pre-payment of duty; (1)
Passes for the import [9][***] of
foreign liquor other than denatured spirit or rectified spirit shall be issued
only to - (a)
clubs; (b)
persons authorised to cater for troops; (c)
persons holding licence, for the sale of foreign liquor; and (d)
persons holding licences to denatured spirit; Provided that the pass for the
import of perfumed spirit and spirit contained in drugs, medicines and
chemicals from the licensed manufacturers or licensed bonded warehouses can be
granted to any person. (2)
Passes for the import of denatured spirit shall be issued only to
persons holding licences - (a)
for wholesale or retail sale of denatured spirit; or (b)
to possess denatured spirit in excess of the quantity fixed by the
Board as the limit of a retail sale. (3)
Passes for the import of rectified spirit shall be issued only to
- (a)
charitable hospital or dispensaries maintained by local
authorities; (b)
other charitable hospitals or dispensaries specified in this
behalf by order of the Government, on requisitions countersigned by the Civil
Surgeon; (c)
Veterinary Assistant Surgeon, on requisitions countersinged by the
Director; (d)
educational institutions, firms, laboratories or museums
authorised by an order of the Commissioner to passess rectified spirit made in
India and exempted from the provisions of the Act relating to duty, for any
scientific or industrial purposes other than the preparations of commodities
which, when made, will themselves contain alcohol; (e)
any other person approved by the Commissioner who may require
rectified spirit for the manufacture of medicinal or toilet preparations. Import of rectified spirit made
in India and exempted from the provisions of the Act relating to duty by the
State Government under Section 94, shall be made under a pass granted by the
Collector [10][or
for the manufacture of India made foreign liquor.] Foreign liquor imported as
aforesaid shall on arrival in Orissa be taken as soon as possible to the
distillery, excise warehouse or place specified in this behalf on the pass and
by the route specified therein. B. Export (1)
When any person desires to remove foreign liquor from any
distillery, brewery or spirit warehouse for export to any other State
under a bond for the payment of duty, he shall execute a bond in the prescribed
form, before the Collector of the district in which the distillery, brewery or
spirit warehouse is situated. (2)
Such bond may be either a general or a special bond. (3)
The Collector shall sign the bond on behalf of the Governor of
Orissa as a party to the instrument; (4)
The Collector shall then intimate the fact of the execution of the
bond to the officer-in-charge of the distillery, brewery or spirit warehouse,
who shall, after the particulars thereof have been entered in the prescribed
bond register, isuse the liquor as if duty had been paid. No liquor shall be so issued
until it has been measured and proved by the officer-in-charge of the
distillery, brewery or warehouse. (1)
A Pass, in triplicate, shall be prepared by the officer-in-charge
of the distillery, brewery or spirit warehouse when any liquor is issued under
Sub-rule (4) of Rule 9. (2)
One copy of the pass shall be delivered to the exporter, the
second shall be forwarded to the Collector of the district to which the liquor
is to be taken, and the third shall be retained for record. (1)
Each cask or other vessel containing liquor issued from
distillery, brewery or spirit warehouse, under Sub-rule (4) of Rule 9 shall
bear marks showing clearly the name of such distillery, brewery or warehouse
and the number of the cask or other vessel, and the nature, quantity and strength
of its contents. (2)
Each such cask or other vessel shall be sealed by the
officer-in-charge, and distinct impression of the seal shall be affixed on the
pass forwarded to the Collector of the district to which the liquor is to be
taken under Sub-rule (2) of Rule 11. Accounts of all exports shall be
kept, in the prescribed form, by the officer-in-charge of the distillery,
brewery or warehouse. Passes for the export of
denatured spirit to other state shall be issued only to - (a)
persons holding licences in this State for the manufacture or
wholesale sale of denatured spirit for being sent to a licensed premises or any
other destination approved for the purpose subject to "no objection"
certificate issued by the Collector of the district of destination; or (b)
persons who obtain the denatured spirit from a licensed distillery
or warehouse and produce permits from the Collector of the district of
destination. C. Transport Foreign liquor (excluding
denatured spirit) on which full duty has been paid under the Indian Tariff Act,
1934, or the Customs Act, 1962 or under Section 27 of the Bihar and Orissa
Excise Act, 1915, may be transported from the premises of the holders of
"sale to trade" licences to the premises of other licensed dealers,
only under a pass. India made, foreign liquors
(excluding denatured spirit and rectified spirit) on which the full amount of
duty under Section 27 has not been paid may be issued from a distillery or a
bonded warehouse to a person holding a licence for sale of foreign liquor on
prepayment of duty in the district to which the liquor is intended to be
transported and on the production of a pass granted by the Collector of that
district. Rectified spirit on which the
full amount of duty under Section 27 has not been paid may be issued from a
distillery or a bonded warehouse - (a)
to a chemist and druggist holding a licence to sell such spirit by
retail for bona fide medicinal or surgical purposes; or (b)
to a chemist or druggist holding a permit to obtain such spirit
for the manufacture of medicines or chemicals; or (c)
to a person holding a licencee for compounding and blending
foreign liquor; on payment of duty in the
district to which the spirit is intended to be transported and only on the
production of a pass granted by the Collector of that district. Rectified spirit may also be
issued free for duty under a pass granted by the Collector of the district to
which such spirit is intended to be transported by the following : (a)
Government institutions and departments; (b)
charitable hospitals and dispensaries maintained by the local
authorities, or when authorised by an order of the State Government to possess
rectified spirit made in India and exempted under Section 94 from the
provisions of the Act, relating to duty; (c)
educational institutions, firms, laboratories or museums
authorised by an order of the Commissioner to possess rectified spirit, made in
India and exempted under Section 94 from the provisions of the Act relating to
duty, for any scientific or industrial purposes other than the preparation of
commodities which, when made, will themselves contain alcohol. Denatured spirit may be
transported from a distillery or from wholesale shop to another or to a retail
shop or to the premises of a person holding a licence for possession of such
spirit for business purposes only under a pass granted by the Collector of the
district to which the spirit is intended to be taken and subject to the other
conditions enjoined in Rule 14. PART-III COUNTRY
SPIRIT A. Import (1)
Country spirit may be imported only with the permission of the
Commissioner and under a bond for the payment of duty and by : (a)
a person to whom an exclusive privilege for the supply or sale of such
spirit has been granted under Section 22; or (b)
a licensed wholesale dealer in country spirit. (2)
Rules 5, 6 and 8 shall, so far as may be, apply to such imports. B. Export (1)
Country spirit may be exported only under a bond for the payment
of duty and with the permission of the Commissioner which will not be given
without the concurrence of the authorities of the place to which the spirit is
to be taken. (2)
Rules 9 to 13 shall, so far as may be, apply to such exports. C. Transport Rule 9 to 13 shall, so far as may
be, apply to the transport of country spirit between distilleries and spirit
warehouses. PART-IV GANJA
AND BHANG A. Import Ganja may be imported on
Government Account or by licensed wholesale vendors of ganja from such places
as ordered by the Commissioner and under the following conditions: (1)
In case of licensed wholesale vendors the importer shall execute a
bond, which may either be a general bond in respect of imports to be made from
time to time or a special bond in respect of any specific consignment, in the
prescribed form in favour of the Collector of the importing district binding
himself, his heirs, successors, and assigns within a specified time to pay to
the Collector of the importing district: (a)
the duty imposed under Section 27; and (b)
if on arrival of ganja at its destination, any deficiency in
quantity (as compared with the quantity received at the source of supply) is
found, a duty not exceeding double the duty at the rate imposed by the State
Government under Section 27; Provided that the whole, or any
portion of such duty may be remitted should the Commissioner hold such
deficiency to be caused on account of dryage due to natural causes; and (c)
on failure to lodge ganja in a licensed warehouse in the importing
district within a reasonable time from the date of its receipt at the source of
supply, a sum equal to the duty on the entire quantity of ganja not so lodged. (2)
for each consignment of ganja to be imported shall obtain a pass
from the Collector of the importing district in the prescribed form authorising
import of ganja from the source of supply fixed by the Commissioner into a
departmentally managed warehouse or a licensed warehouse in the district which
is either a Government warehouse for which the importer pays such rent as may be
fixed by the Collector or a private warehouse in respect of which the importer
holds a licence granted by the Collector with the approval of the Commissioner. (3)
The pass shall be in force for the period mentioned in the pass,
but the term may be extended by the Collector of the importing district. (4)
The Collector issuing the import pass shall forward two copies
thereof to the Superintendent of the exporting district noting on them the fact
of the execution of the bond by the importer. (5)
The importer or his authorised agent shall present such pass to
the Superintendent of the exporting district and obtain on it the written
permission of that officer to purchase ganja. (6)
He shall further comply with the rules that may be in force in the
State of export regulating the taking of ganja out of that State and also such
instructions in conformity therewith as he may receive from the Superintendent
of the exporting district. (7)
The Ganja shall be brought by the route mentioned in the pass and
shall, on arrival in Orissa be taken direct and with all reasonable despatch to
the licensed warehouse mentioned in the pass. (8)
It shall then be presented with the pass to the Superintendent or
such other officer as may be authorised by the Superintendent to examine, weigh
and store the ganja on arrival. (9)
If brought by rail, the consignment shall be duly insured. (10)
The consignment shall be weighed at the railway station before a
clear receipt is given for the consignment. If brought by any means of
transport other than by rail, it shall be weighed at the point of destination
and the luggage ticket or the money receipt issued by the transporting concern
indicating the exact weight of the consignment and the freight paid therefor
shall be obtained. In all cases, such receipts or tickets shall be produced
with the pass for verification in the warehouse. (11)
In cases of deficiency noticed in weight from the quantity
despatched, the shortage should be noted on the railway receipt. B. Transport Mutatis mutandis Rule 23 shall
apply to the transport of ganja from the Central Gola to a warehouse and from
one warehouse to another. C. Export (1)
Ganja may be exported to any other State provided that - (i)
The exporter has paid the duty, if any, imposed under Section 27
or has executed a bond which may be either a general or a special bond as
mentioned under Rule 23, in favour of the Collector either of the district to
which the ganja is to be taken or of the exporting district, binding himself,
his heirs, successors, or assigns with a specified time either to lodge the
ganja in a licensed ware house in the district to which the ganja is to be
taken or to pay to the Collector of the district to which the ganja is to be
taken a sum equal to the amount of duty chargeable on the said ganja in the
district to which the ganja is to be taken under the law in force in that
district and the said bond may also provide for the payment of duty at the rate
as mentioned and referred to in Clause (b) of Sub-rule (1) of Rule 23 of these
rules on any deficiency noticed between the quantity of the ganja lodged in the
said licensed warehouse and the quantity despatched for being so lodged from
the district of export; (ii)
It is covered by a pass granted by the Collector of the district
to which the ganja is to be taken and is exported by the person to whom such
pass has been granted or by an authorised agent of such person; (iii)
The Officer issuing the said pass has forwarded two copies thereof
to the Collector of the district from which the ganja is to be exported; (iv)
The Collector of the district from which the ganja is to be
exported has endorsed on such pass an order authorising the exports; (v)
The ganja is exported direct from the Central Gola or a
departmentally managed warehouse or a licensed warehouse; and (vi)
The officer-in-charge of such warehouse has noted on the pass
referred to in clause (ii) the following particulars: (a)
the number of each package. (b)
the gross weight of each package. (c)
the net weight of ganja in each package, and (d)
the name of the person to whom delivery is to be given. (2)
After the entries have been made as required by Clause (vi), the
officer shall make similar entries on the two copies of the pass referred to in
Clause (iii) of which he will file one copy in his office and return the other
by post the same day to the officer who issued the import pass. (3)
Ganja shall not be issued to the exporter except within the period
for which the pass referred to in Clause (ii) is current, and after issue it
shall be forwarded by him with all reasonable despatch to the destination and
by the route specified in the pass. Bhang may be imported and
transported under conditions similar to those laid down in Rules 23 and 24
respectively. Bhang may be exported under
conditions similar to those laid down in Rule 25. A traveler may bring with him
ganja or bhang personally into Orissa by land from any other State up to the
minimum limit of the quantity within which possession by him is allowed without
a pass in Orissa. PART-V HEMP
DRUGS, EXTRACTS AND TINCTURES OF HEMP AND MEDICINAL PREPARATIONS
CONTAINING HEMP DRUGS Medicinal preparations containing
hemp drugs (other than recognized medicinal preparations) prepared in
accordance with prescriptions recognized in standard Ayurvedic and Tibbi
medical works by persons bona fide engaged in the practice of the Ayurvedic and
Tibbi system of medicines, provided no process of distillation is used in the
manufacture of such preparations, may be imported, only by a chemist or
druggist for bona fide medicinal purposes, under cover of permits issued by the
Commissioner in such form as the Board may prescribe : Provided that if the import is
from outside India it may be by means other than the post. Transmission of hemp drugs,
extract and tincture of hemp (cannabis indicia) or medicinal preparations
containing hemp drug by post into, within or out of Orissa is prohibited except
on the following conditions - (i)
in making such transmission, only the parcel post shall be used
and the parcels shall be insured; (ii)
the transmission shall be covered by a permit which shall, in the
case of transmission to a district in Orissa, be issued by the Collector or
Superintendent of the district to which the consignment is to be sent, and in
all other cases by the proper authorities in the State to which the parcel is
addressed; (iii)
the parcel shall be accompanied by a declaration stating the names
of the consignee and the consignor, the contents of the parcel in detail, the
number and date of the licence or permit, if any, held by the consignee and
such other particulars as may be required from time to time by the
Commissioner; (iv)
persons licensed to possess and sell hemp drugs and preparations
thereof and chemists and druggists permitted under rule to import medicinal
preparations containing hemp drugs shall show distinctly in their account books
the quantity of drugs received by them from time to time and post the names of
the consignor; and (v)
provisions of the Medicinal and Toilet Preparations (Excise
Duties) Act, 1955 (Act 16 of 1955) and the rules made thereunder shall be
complied with prior to the transmission. CHAPTER-III SALE OF INTOXICANTS PART-I DURATION
AND NUMBER OF LICENCES, PRINCIPLES FOR GRANT OF LICENCE AND LOCATION OF SHOP Licences for the wholesale or
retail vend of intoxicants may be granted for one year from the 1st April to
the 31st March following subject to the following provisions: (1)
Licences for the retail vend of pachwai may be granted for any
number of years up to three beginning on the 1st April in cases where the
Commissioner considers this advisable. (2)
If any licence is granted at any time after the 1st April it shall
be granted only up to the 31st March next following. (3)
Season licences for the sale of either fresh or fermented tari may
be granted for periods fixed by the Collector. (4)
Temporary licences may be granted to provide for the supply of
intoxicants on temporary and special occasions, like fairs, regimental camps or
exercise etc., and shall be limited to the period during which such temporary
or special occasions last. (5)
Wholesale licences for the supply and sale of intoxicants may be
granted for any number of years not exceeding five as the Board may decide in
each case. [11][(6) If,
for any reason, it becomes so necessary, licences for the wholesale or retail
vend of intoxicants may be granted for any shorter period.] Number of licences which may be
granted for any local area shall be regulated by the needs of the people of
that area, and no licence for the sale of any intoxicant in any local area
shall be granted unless it is required either to meet an ascertained demand for
such article or to counteract supply through illicit sources; Special provision for foreign
liquor licences - Provided that increase or decrease in the
number of licences for sale of foreign liquor shall be subject to the prior
approval of Government to be obtained by the Collector through the
Commissioner. The general principles that shall
be borne in mind and shall so far as possible applied in fixing the number of
licences to be granted for the retail sale of liquor for consumption on the
premises of the vendor are: (1)
liquor shops shall not be so sparsely distributed as to give to
each a. practical monopoly over a considerable area; and (2)
two or more shop should not be equally convenient to a
considerable number of persons. [12][(1) No
new shop shall be licensed for the consumption of liquor on the vendors'
premises; (a)
in a market place; or (b)
at the entrance to a market place, or (c)
in close proximity to a bathing ghat; or (d)
within at least three hundred meters from a highway; (e)
within at least five hundred meters from a place of worship,
recognized educational institution, established habitat, labour colony, mills
and factories, petrol pumps, railway stations/yard, bus stands, agricultural
farms or other place(sic) of public resort; or (f)
within at least one kilometer from industrial, irrigation and
other development project areas; or (g)
in the congested portion of a village; [13][Provided
that the restriction on the maximum distance as mentioned under Clauses (d) (e)
and (f) may be relaxed by the State Government in special circumstances.] (2) So far as possible, an established liquor shop
licensed for the consumption of liquor on the premises shall not be allowed to
remain on a site which would not under sub-rule (1) be permissible for the
location of a new shop. (3) In areas inhabited by Scheduled Tribes,
country spirit shop shall not be licensed to be placed immediately on the side
of a main road or in any other prominent position that is likely to place
temptation in their way. In granting licence for new
liquor shops and as far as practicable, in granting licences for established
liquor shops, the Collector shall have regard to the following principles: (a)
a liquor shop shall not be inaccessible to consumers but it should
not be in such a situation as to obtrude itself on the attention of the public
or to render persons passing by subject to annoyance from persons drinkin; (b)
in towns the position of a liquor shop should be so far that
public persons entering it should not escape observation, and it should be such
as to render supervision easy but it should not so prominent as to compel
attention. (c)
a liquor shop should never occupy a position to which the near
neighbours object on grounds which, upon inquiry, appear to be sufficient and
free from malice or ulterior motives. No new licences for the retail
sale of liquor at any place within two miles of the border of another district
shall be granted unless the Collector of both districts concur or, if they fail
to concur unless, the Commissioner so directs. [14][No
outstill licence shall be granted for any place within eight Kilometres of any
distillery area situated in the State: Provided that the restriction in
the minimum distance between an outstill liquor shop and any distillery area
may be relaxed by the State Government in special circumstances.] Licence for the sale of foreign
liquor for consumption on the vendor's premises may be granted only in places
where there is a proved demand on the part of a class of drinkers accustomed to
foreign liquor, and subject to the restrictions laid down in Rule 32. PART-II ASCERTAINMENT
OF LOCAL OPINION PRIOR TO THE GRANT OF LICENCES FOR THE RETAIL SALE OF SPIRIT
OR TARI FOR CONSUMPTION ON VENDOR'S PREMISES (1)
On or before the 20th October the Collector shall prepare a list
showing what licences it is proposed to grant for the retail sale of spirit or
tari (today) for consumption on the vendor's premises for the next period of
settlement. (2)
The said list shall specify, as accurately as may be possible, the
locality of the premises to be licensed, and shall distinguish proposed new
licences from existing licences, which it is proposed to renew. Before the 1st November the
Collector shall: (a)
affix the notice required by Clause (a), and proclaim the notice
required by Clause (b) of Section 31; (b)
send an extract to the Chairman of each municipality as required
by Clause (d) of Section 31; (c)
send to the Commanding Officer of each cantonment an extract
reproducing so much of the said list as relates to shops within the limits of
the cantonment; (d)
give such opportunity as he thinks to be required for the
expression of opinion: (i)
by railway authorities, on proposal for the grant of licences for
shops near railway stations; (ii)
by forest officers, on proposals for the grant of licences for
shops for supplying spirit or tari (today) to Scheduled Tribes inhabiting
forests; and (iii)
by large employers of labour in tea gardens, mills, factories,
transport corporations and coal mines, on proposals for the grant of licences
for shops for supplying spirit or tari (today) to their labourers. The Chairman of each municipality
shall cause a copy of the extract sent to him under clause (b) of Rule 40 to be
conspicuously affixed at the central office of the municipality for a period of
not less than seven days expiring before the 14th November and shall send to
each member of each ward committee (if any) not later than the 5th November, a
copy of so much of the extract as relates to shops situated in his ward. (1)
All objections and opinions with respect to proposals contained in
the list referred to in Rule 40 shall be sent so as to reach the Collector by
the 15th November and the Commanding Officer of each cantonment shall inform
the Collector by the said date whether he consents to the proposals contained
in the extracts sent to him under Clause (c) of Rule 40. (2)
Any objection or opinion received after the said date may not be
taken into consideration. (1)
In all municipalities and in all towns other than municipalities
with a population, of 20,000 or more, a local committee, constituted in such
manner as the Board with the approval of the Government may decide, shall
unless the Government, in any case otherwise direct, be formed, by the 15th
November to consider and advise the Collector upon the proposals contained in
the list referred to in Rule 39 regarding the number of licences and location
of shops. (2)
The Collector shall record the opinion of the committee upon the
proposed number of licences and location of shops upon the objections which he
has received by the said date, and if that opinion in not accepted by him, he
shall record his reasons for disagreement. On or before the 30th November
the Collector shall submit to the Commissioner the list referred to in Rule 39
as revised by him under Section 34 and the objections and opinions which he has
received by the 15th November and a report of the proceeding of the Committee
referred to in Rule 43 and his own opinion. The State Government may change
the dates as prescribed in Rules 39 at 44 if they consider it necessary in any
year in any area.][15] PART-III RESTRICTION
REGARDING GRANT OF LICENCE AND SALE Licences for the retail sale of
any intoxicant shall not ordinarily be granted - (1)
to a person, who has been convicted by a Criminal Court of a
non-boilable offence; or (2)
to a former licensee who - (a)
is in arrears to Government; or (b)
whose conduct has been found to be unsatisfactory; or (c)
who has been found guilty within the previous five years of any
serious breach of the conditions of his licence; or (3)
to a person who is known to be insolvent or who fails to provide
adequate proof in support of his solvency. [16][(1) No
licence shall be granted to an outstill licensee for the retail sale of
distillery spirit or tari in a shop within five miles of his outstill. (2) No licence for retail vend of foreign liquor
shall be granted to a person holding licence for wholesale vend for foreign
liquor. (3) Licence for sale of foreign liquor for
consumption 'off' the vendor's premises shall not be granted to a person
holding licence for sale of foreign liquor for consumption 'on' the vendor's
premises and vice versa. (4) Licence for sale of foreign liquor for
consumption 'off' the vendor's premises shall not be granted to a person
holding licence for the retail vend of foreign liquor in a hotel to be consumed
on the premises and vice versa. (5) No licence for retail sale of foreign liquor
shall be granted to a person holding licence for sale of country liquor.] No licence shall be granted to a
distillery shop licensee for the retail sale of outstill spirit or tari in a
shop within five miles of his distillery shop. (1)
No intoxicant shall be sold - (a)
to any Railway servant or the driver of a motor vehicle at the
time he is on duty, to any Excise or Police Officer below the rank of a
Sub-Inspector or any village Choukidar being in uniform, any vagrant under
Police escort, or any insane person by any licensed vendor or by the agent or
servant of any licensed vendor; or (b)
to any soldier, whether in uniform or not, or any member of a
soldier's family, or any camp-follower, by any licensed vendor or the agent or
servant of any licensed vendor, unless such licensed vendor has been approved
by the General Officer commanding the Division or the Officer commanding a
cantonment or camp. (2)
In this rule : (i)
"Soldier" does not include a commissioned officer, a
volunteer, or a soldier in civil employ; and (ii)
"Camp-follower" means a person (other than a soldier or
a private servant) whom the person selling an intoxicant knows or has been to
believe to have a right to be in cantonments; (iii)
The expression "soldier", "member of a soldier's
family" "camp-follower" do not include an Indian soldier or a
member of an Indian soldier's family, or an Indian camp-follower, when such
soldier or camp-follower is absent from his regiment. CHAPTER-IV RESTRICTIONS ON CERTAIN POWERS OF EXCISE OFFICERS No Excise Officer below the rank
of Inspector shall exercise any of the powers conferred by Section 69 (entry,
inspection, testing, and seizure, etc.) in respect of any licensed place of
manufacture or storage which is under the charge of an Excise Officer, unless
he is specially authorised in writing by the Collector to do so. (1)
Officers below the rank of Sub-Inspector in the Excise or Police
Department or of Preventive Officer in the Customs Department or of Revenue
Inspectors in the Land Revenue Department may exercise the powers conferred by
Section 70 (arrest without seizure and search) in open places only. (2)
the expression 'open places' in this rule means 'open' in the ordinary
sense as opposed to 'closed', but does not include a dwelling house. Any Officer who, outside his
local jurisdiction, arrests any person or seizes any article under Section 70
shall without delay make over such person or article to an Excise Officer
having local jurisdiction or to the officer in charge of the nearest police
station. CHAPTER-V INFORMATION AND AID TO EXCISE OFFICERS The information which officers
referred to in Section 75 are required to give of breaches of provisions of the
Act shall be given to the Collector or the Subdivisional Officer or to the nearest
Excise Officer having jurisdiction to investigate the offence. No Excise officer below the rank
of Sub-Inspector shall request any officer referred to in Sub-section (1) of
Section 75 to aid him in carrying out the provisions of the Act or of any rule
or order made, issued or given under this Act. (1)
When any Excise Officer not below the rank of Sub-Inspector
requires the aid of any officer referred to in Sub-section (1) of Section 75,
in making any arrest or search under the Act, he shall send - (a)
if the aid of the police is required, to the officer-in-charge of
the police-station within the limits of, which the arrest or search is to be
made; or (b)
if the aid of any other officer referred to in the said
Sub-section is required, to the nearest superior officer of the department or
body which he serves. a requisition (which shall be in
writing, if the exigencies of the occasion permit) stating the nature of the
aid required and the reasons for which it is required. (2)
If any officer to whom a requisition is sent under Sub-rule (1)
feels unable to render the aid required, he shall forthwith inform the officer,
who sent the requisition of his reasons, for withholding it, and shall, if
necessary, refer to his immediate superior for instructions. A village Choukidar or Dafadar
shall not be required to aid any Excise officer in carrying out any provisions
of the Act, or of any rule, notification or order made, issued or given under
the Act, except in the matter of making an arrest, search or seizure or a
distraint of movable property within the village, union or circle for which he
is appointed. CHAPTER -VI GRANT OF EXPENSES TO WITNESSES Expenses of witnesses appearing
under summons or produced before any Court in excise cases may be granted by
the Court in accordance with the following rules namely - (a)
In the case of Government servants, rules in force for the grant
of traveling allowance to such servants. (b)
In the case of other persons, the rules made by the High Court for
the grant of expenses to witnesses in criminal cases. (c)
Expenses of witnesses appearing under summons or produced before
the Collector or the Superintendent in excise cases dealt with departmentally
may be paid from their contingent allowances. CHAPTER-VII GRANT OF COMPENSATION Compensation for loss of time may
be granted to persons referred to in Clause (n) of Section 89 by the Collector
or by the Magistrate before whom they are charged. Such grant shall be made under
the same conditions as grant of expenses under the rules referred to in Clause
(b) of Rule 56 and shall be subject to the maximum limit prescribed by those
rules for the grant of expenses. CHAPTER-VIII APPEALS An appeal shall lie to the
Collector from an order of any officer subordinate to him and discharging
functions under the Act or under any rule or order made under the Act : Provided that this power of the
Collector may be exercised by the Additional District Magistrate : An appeal shall lie to the
Collector from an order of any officer subordinate to him and discharging
functions under the Act or under any rule or order under the Act; Provided that there shall be no
appeal against an order increasing or decreasing in the number of licences
under the proviso to Rule 32 of these Rules for the sale of foreign liquor. (1)
Every memorandum of appeal relating to conciliation, suspension or
withdrawal of a licence, for the retail sale of any intoxicant shall be
submitted within fifteen days from the date of the order appealed against to
the Commissioner through the Collector or the Additional District Magistrate,
as the case may be, against whose order the appeal is made. (2)
The memorandum of appeal shall invariably be forwarded to the
Commissioner within ten days of its presentation with the original order and
with observation, if any, which the Collector or the Additional District
Magistrate, as the case may be, may wish to make on it. (3)
The period of fifteen days referred to in Sub-rule (1) shall be
counted from the date of the original order and not from the date of any order
made on any subsequent petition for revision of review of the said, order. (1)
An appeal shall lie to the Board from any order made, whether on
appeal or otherwise, by the Commissioner; Provided that when an order made
by a Collector or an Additional District Magistrate, whether on appeal or
otherwise, is upheld by the Commissioner, no further appeal shall lie. (2)
No appeal shall lie against orders of composition under Section
68. Every memorandum of appeal to
Board shall be presented within one month from the date of the order appealed
against. The presentation of an appeal to
Board and its disposal and disposal of appeal by the Commissioner shall be
regulated by the Board of Revenue, Orissa Regulations, 1963. [1] Orissa
Gazette Extn. No. 1176-dated 07.08.1965. [2] Omitted by
Notfn. No. 283-III-Fx-22/68, dated 30.03.1968. [3] Renumbered
by ibid. [4] Renumbered
by ibid. [5] Renumbered
by ibid. [6] Renumbered
by ibid. [7] Renumbered
by ibid. [8] Subs. vide
Notfn. No. S.R.O. No. 680/93 dated the 24th July 1993 and O.G. Exty No. 2047
dt. 31st July 1993. [9] Omitted by
ibid. [10] Added by R
& E Dept. Notification No. 1381 dated 16.07.93. [11] Inserted
by S.R.O. No. 774/70, dt. 29.09.1970. [12] Substituted
by S.R.O. No. 1149, dt. 19.11.1976. [13] Substituted
by S.R.O. No. 1281-dt. 23.12.1976. [14] Inserted
by S.R.O. No. 284-dated 23.04.1997. [15] Inserted
by Notfn. No. 1329-III-Ex-379/67-dated 26.12.1967. [16] Substituted
by Notfn. No. 3-III-Ex-61/66-dated 09.03.1966.THE ORISSA EXCISE RULES, 1965
PREAMBLE
Rule - 45. To whom licences
for sale of intoxicants not to be granted