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  "title": "PUNJAB EXCISE ACT, 1914",
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  "text": "THE PUNJAB EXCISE ACT, 1914 \r\n(I of 1914) \r\nCONTENTS \r\nCHAPTER I \r\nPreliminary and definitions \r\n1. Short title, extent and commencement. \r\n2. Repeal of enactments. \r\n3. Definitions. \r\n4. “Country liquor” and “foreign liquor”. \r\n5. Power of Provincial Government to declare limit of sale by retail and by \r\nwholesale. \r\n5-A. \r\n6. Power to limit application of notifications, permits, etc., made under this \r\nAct. \r\n7. Saving of enactments. \r\nCHAPTER II \r\nEstablishment and Control \r\n8. Superintendence and control of the excise admini stration an d excise \r\nofficers. \r\n9. Excise Commissioner. \r\n10. Other classes of excise officers. \r\n Their powers. \r\n Mode of conferring powers. \r\n11. Power to invest persons with special powers under this Act. \r\n12. Local limits of jurisdiction. \r\n13. Delegation. \r\n14. Appeal. \r\n15. Revision. \r\nCHAPTER III \r\nImport, export and transport \r\n16. Import, export and transport of intoxicants. \r\n17. Power of Provincial Government to prohibit import, export and transport \r\nof intoxicants. \r\n18. Passes necessary for import, export and transport. \r\n19. Grant of passes for import, export and transport. \r\nCHAPTER IV \r\nManufacture, possession and sale \r\nA–Manufacture \r\n20. Manufacture of  intoxicants prohibited except under the provisions of \r\nthis Act. \r\n21. Establishment or licensing of distilleries and breweries. \r\n22. Establishment or licensing of warehouses. \r\n23. Removal of intoxicant from distillery, etc. \r\nB–Possession \r\n24. Possession of intoxicants. \r\n25. Prohibition of possession of intoxicant, unlawfully manufactured, \r\nimported, etc. \r\nC–Sale \r\n26. Sale of intoxicants. \r\n27. Grant of lease of manufacture etc. \r\n28. Manufacture and sale of liquor in Military Cantonments. \r\n29. Prohibition of sale to person under the age of eighteen years. \r\n30. Prohibition on employment of children under the age of sixteen years \r\nand of women. \r\nCHAPTER V \r\nDuties and fees \r\n31. Duty on excisable articles. \r\n32. Manner in which duty may be levied. \r\n33. Payment for grant of leases. \r\n33A. [Omitted] \r\n \r\nCHAPTER VI \r\nLicenses, permits and passes \r\n34. Fees for, terms, conditions and form of, and duration of, license s, \r\npermits and passes. \r\n Security. \r\n35. Grant of licenses for sale. \r\n Ascertainment of public opinion. \r\n36. Power to cancel or suspend licenses, etc. \r\n37. Power to cancel any other license. \r\n38. Power to recover fee. \r\n39. Power of Collector to take grants under management or to resell. \r\n40. No compensation or refund claimable for cancellation or suspension of \r\nlicense, etc., under this section. \r\n41. Power to withdraw licenses. \r\n Compensation in the case of withdrawal. \r\n Refund of fee or deposit. \r\n42. Technical irregularities in license, etc. \r\n43. No claim in consequence of refusal to renew a license, etc. \r\n44. Surrender of license. \r\nCHAPTER VII \r\nPowers and duties of officers, etc. \r\n45. Power to enter and inspect places of manufacture and sale. \r\n46. Power of excise officer to investigate offe nces p unishable under this \r\nAct. \r\n47. Powers of arrest, seizure and detention. \r\n48. Power of magistrate to issue warrant for search or arrest. \r\n49. Power of excise officer to search without warrant. \r\n Further powers of seizure, detention, search and arrest. \r\n50. Procedure relating to arrests, searches, etc. \r\n51. Police to aid excise officers. \r\n52. Duty of landholders and others to give information. \r\n53. Duty of officer incharge of police station to take charge of articles  \r\nseized. \r\n54. Power to close shops for the sake of public peace. \r\nCHAPTER VIII \r\nGeneral provisions \r\n55. Measures, weights and testing instruments. \r\n56. Power of Provincial Government to exempt intoxicants from the \r\nprovisions of the Act. \r\n57. Bar of certain suits. \r\n58. Powers of Provincial Government to make rules. \r\n Previous publication of rules. \r\n59. Powers of Board of Revenue to make rules. \r\n60. Recovery of dues. \r\nCHAPTER IX \r\nOffences and penalties \r\n61. Penalty for unlawful import, export, transport, manufactu re, possession, \r\netc. \r\n penalty for unlawful import, ex port, transport, manufacture, \r\n possession, sale, etc. \r\n62. Penalty for unlawfully selling to persons under eighteen, or employing \r\nchildren or women. \r\n63. Penalty for attempting to render denatured spirit  fit for hu man \r\nconsumption. \r\n64. Penalty for fraud by licensed manufacturer or vendor or his servant. \r\n65. Penalty for certain acts by licensee or his servant. \r\n66. Penalty for consumption in chemist’s shop, etc. \r\n67. Manufacture, sale or possession by one person on account of another. \r\n68. Penalty for offences not otherwise provided for. \r\n69. Attempt to commit offences punishable under the Act. \r\n70. Penalty for excise officer making vexatious search, etc. \r\n71. Report by investigating officer for institution of proceedings. \r\n72. Bail. \r\n73. Security for appearance in case of arrest without warrant. \r\n74. [Omitted] \r\n75. Cognizance of offences. \r\n76. Presumption as to commission of offence in certain cases. \r\n77. Liability of employer for offence committed by employee or agent. \r\n78. Confiscation of article in respect of which offence committed. \r\nWhen confiscation may be ordered. \r\n79. Further provisions for confiscation. \r\n80. Power of excise officers to compound offences. \r\nSCHEDULE \r\n [Enactments Repealed] \r\n \r\nTEXT \r\n1\r\nTHE PUNJAB EXCISE ACT, 1914 \r\n(I of 1914) \r\n[12 January 1914] \r\n WHEREAS it is exp edient to consolidate and amend the law in the Punjab \r\nrelating to the import, export, transport, manufacture, sale and possession of \r\nintoxicating liquor and of intoxicating drugs; \r\n It is hereby enacted as follows:– \r\nCHAPTER I \r\nPreliminary and definitions \r\n1. Short title, extent and commencement .– (1) This Act may be called the \r\nPunjab Excise Act, 1914; \r\n(2) It extends to the whole of the Punjab. \r\n(3) It shall come into force on such date as the \r\n2\r\n[Provincial Government] \r\nmay by notification\r\n3\r\n direct. \r\n2. Repeal of en actments.– The enactments mentioned in the Schedule are \r\nrepealed to the extent specified in the fourth column thereof. \r\n3. Definitions.– In this Act, and the rules made under it, unles s th ere is \r\nsomething repugnant in the subject or context,– \r\n(1) “beer” includes sale, porter, stout, and all other fermented liquors made \r\nfrom malt; \r\n(2) to “bottle” means to transfer liquor from a cask or other vessel to a \r\nbottle, jar, flask, or similar rec eptacle whether  any process of \r\nmanufacture be employed or not, and bottling includes rebottling; \r\n(3) “collector” includes any revenue officer in independent charge of a \r\ndistrict and any official appointed by  the \r\n4\r\n[Provincial Government] to \r\ndischarge, throu ghout any speci fied local area, the functions of a \r\nCollector under this Act; \r\n \r\n1\r\nFor Statement of O bjects and Reasons, see Punjab Gazette, 1913, Part V,  p. 161; for Report of the Select Committee, see \r\nPunjab Gazette, 1913, Part V, p . 247; for Proceedings in Council, see Punjab Gazette, 1913, Part V, p p. 177-301. This Act \r\nreceived the assent o f the Lieut enant-Governor of the Punjab, on 6 th November, 1913; that of the Governor -General on 12 th \r\nDecember, 1913; and, was published in the Punjab Gazette, dated: 12th January, 1914. \r\n2\r\nSubstituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General \r\nAdaptations. \r\n3\r\nCame into force on the 1st February, 1915, see Punjab Gazette, Part-I, p. 60.      \r\n4\r\nSubstituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General \r\nAdaptations. \r\n(4) “commissioner” means the chief officer in charge of the revenue \r\nadministration of a division; \r\n(5) “denatured” means effectually and permanently rendered unfit for \r\nhuman consumption; \r\n(6) \r\n1\r\n[“excisable article” means \r\n(a) any alcoholie liquor for human consumption; or \r\n(b) any intoxicating drug; or \r\n(c) any medicinal or toilet preparation containing alcohol.] \r\n2\r\n[(6-a) “excise bottle” means a bottle of such type or description as may b e or \r\nmay have b een at any time permitted for the bottling of liquor or be er \r\nby rules made under this Act]; \r\n3\r\n[\r\n4\r\n[(6-b) * * * * * * * * *  ]] \r\n(7) “excise Commissioner” means the officer appointed by the \r\n5\r\n[Provincial \r\nGovernment] under section 9; \r\n(8) “excise officer” means any officer or person appointed, or invested with \r\npowers, under this Act; \r\n(9) “excise revenue” means revenue derived or derivable from any \r\npayment, duty, fee, tax, confiscation or fine, imposed or ordered under \r\nthe provisions of this Act, or o f any other law for the time being in force \r\nrelating to liquor or intoxic ating drug, but does not include a fine \r\nimposed by a court of law;  \r\n(10) \r\n6\r\n[“export” means to take out of the Punjab otherwise than across a \r\ncustoms frontier as defined by the Central Government]; \r\n(11) \r\n7\r\n[“Board of Revenue” ] shall, when there are more \r\n8\r\n[Board of Revenue] \r\nthan one, be construed as meaning one or more of the  \r\n9\r\n[Board of \r\nRevenue];  \r\n \r\n1\r\nSubstituted by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th March, 1937, published in the \r\nGazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3 and Schedule VI of General Adaptations. \r\n2\r\nInserted by the Punjab Excise (Amendment) Act, 1940 (I of 194 0) dated 6 th March, 1940, published in the Punjab Gazette \r\n(Extraordinary), dated March 6, 1940, p. 225, clause (b) of s. 2. \r\n3\r\nRe-lettered as “(6-b)” from “(6-a)” by the Act ibid., clause (a) of s. 2. \r\n4\r\nOmitted by the West Pakistan Laws (Adaptation) Order, 19 64, vide Notification No. Integ.7-13/62, dated 3 rd June, 1964, \r\npublished in the Gazette of West Pakistan (Extraordinary), dated June 3, 1964, pp. 1805-1849, sub-section (1) of s. 2 and Part \r\nII of Schedule. \r\n5\r\nSubstituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937 , pp. 75-344, s. 4 and Table of Ge neral \r\nAdaptations. \r\n6\r\nSubstituted by the Order ibid. \r\n7\r\nSubstituted for the words “Financial Commissioner” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of \r\n1957), Notification No. Leg.I(3)57, dated 25 th July, 1957, published in the Gazette of West Pakistan (Extraordinary), dated July \r\n25, 1957, pp. 709-789, sub-section (2) of  s. 3 and Schedule II. \r\n8\r\nIbid. \r\n9\r\nIbid. \r\n(12) \r\n1\r\n[“import” (except in the phrase “\r\n2\r\n[import into \r\n3\r\n[Pakistan]]”) means to \r\nbring into the Pu njab otherwise than across a customs frontier as \r\ndefined by the Central Government]; \r\n \r\n4\r\n[(12a) “intoxicant” means any liquor or intoxicating drug;] \r\n5\r\n[(13) “intoxicating drug” means– \r\n(i) the leaves, small stalks and flowering or fruiting tops of the \r\nIndian h emp plant (Cann abis sativa L.), including all forms \r\nknown as bhang, siddhi, or ganja; \r\n(ii) charas, that is, the resin obtained from the Indian hemp plant, \r\nwhich has not been submitted to any manipulations other than \r\nthose necessary for packing and transport; \r\n(iii) any mixture, with or without neutral materials of any of the above \r\nforms of intoxicating drug, or any drink prepared therefrom; and  \r\n(iv) any other intoxicating or narcotic substance which the \r\n6\r\n[Provincial Government] may, by notification, declare  to be an \r\nintoxicating drug, such substance not being opium, coca leaf, o r \r\na manufactured drug, as defined in section 2 of the Dangerous \r\nDrugs Act, 1930];  \r\n(14) “liquor” means intoxicating liquor, and includes all liquids consisting of \r\nor containing alcoho l; a lso any sub stance which the \r\n7\r\n[Provincial \r\nGovernment] may by notificat ion declare to be liquor for the purposes \r\nof this Act;  \r\n(15) “magistrate” means any magistrate exercising powers not less than \r\nthose of magistrate of the second class, or any magistra te of the third  \r\nclass specially authorized in this behalf by the district magistrate; \r\n(16) “manufacture” includes every process, whether natural or artificial, by \r\nwhich any \r\n8\r\n[intoxicant] is produced or prepared and also redistillation \r\n \r\n1\r\nSubstituted by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th March, 1937, published in the \r\nGazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General Adaptations. \r\n2\r\nSubstituted for the words “import into British India” by the Punjab (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955),  \r\nNotification No. 825-Leg., dated 21st January, 1955, published in the Punjab Gazette (Extraordinary), dated January 21, 1955, \r\npp. 87-108, s. 2 and Part II of the First Schedule. \r\n3\r\nSubstituted for the words “the Provinces and the Capital of the Federation” by the West Pakist an Laws (Adapt ation) Order, \r\n1964, vide Notification No. Integ.7-13/62, dated 3 rd June, 1964, published in the Gazette of West Pakistan (Extraordinary) , \r\ndated June 3, 1964, pp. 1805-1849, sub-section (1) of s. 2 and Part II of Schedule. \r\n4\r\nInserted by the Gov ernment of Ind ia (Adaptat ion of Indian Laws) Order, 1937, dated 18 th March, 19 37, published in the \r\nGazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General Adaptations. \r\n5\r\nSubstituted by the Dangerous Drugs Act, 1930 (II o f 1930), published in the Punjab Gazette, Part-IV, dated March 21, 1930, \r\npp. 90-109, s. 40 and Schedule II. \r\n6\r\nSubstituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in the Gazette  of India ( Extraordinary), dated April 1, 1937 pp. 75-344, s. 4 and Table of General \r\nAdaptations. \r\n7\r\nIbid. \r\n8\r\nSubstituted by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th March, 1937, published in the \r\nGazette of India (Extraordinary), dated April 1, 1937 pp. 75-344, s. 3 and Schedule VI. \r\nand every process for  the rectification, reduction, flavouring, blending \r\nor colouring of liquor; \r\n(17) “place” includes a building, shop, tent, enclosure, booth, vehicle, \r\nvessel, boat and raft; \r\n(18) expressions referring to “sale” include any transfer otherwise than by \r\nway of gift;  \r\n(19) “spirit” means any liquor containing alcohol obtained by disti llation, \r\nwhether denatured or not;  \r\n(20) “tari” means fermented or unfermented juice drawn from any kind of \r\npalm tree;  \r\n(21) “transport” means to move from one place to another within the Punjab.  \r\n4. “Country liquor” and “foreign liquor” .– The \r\n1\r\n[Provincial Government] may \r\n2\r\n[* * * * * * * *] by notification declare what, for the purposes of this Act or any portion \r\nthereof, shall be deemed to be “country liquor” and “foreign liquor”. \r\n3\r\n[\r\n4\r\n[ * * * * * * * * *  ]] \r\n5. Power of \r\n5\r\n[Provincial Government] to declare l imit of sale by retail and \r\nby wholesale .– The \r\n6\r\n[Provincial Government] may by  notification declare with \r\nrespect either to the whole of the Punjab or to any local area comprised therei n, and \r\nas regards purchasers generally or any specified class of purchase rs, and generally \r\nor for any specified occasion, the maximum or minimum quantity or both of any \r\n7\r\n[intoxicant] which for the purposes of this Act may be sold by retail and by \r\nwholesale. \r\n8\r\n[5-A. No Lic ence or Pass under this Act, shall be issued to the person  who is a \r\nMuslim.] \r\n6. Power to limit application of notifications, permits, etc., made under this \r\nAct.– Where under this Act any notification is made, any power conferred, any \r\nappointment made or any license, pass or permit granted, it shall be lawful to direct:– \r\n(a) that it shall apply to the whole of the Punjab or to any specified local \r\narea or areas; \r\n \r\n1\r\nSubstituted for the words “Local Government” by the Order ibid., s. 4 and Table of General Adaptations. \r\n2\r\nOmitted the words “ with the previous sanction of the Governor -General in Coun cil” by the De volution Act 1920 (XXXVIII of \r\n1920), published in the Punjab Gazette, Part-IV, dated September 24, 1920, pp. 127-153, s. 2 and Part-VII of First Schedule. \r\n3\r\nProviso inserted by the Act ibid. \r\n4\r\nProviso omitted by the Government of India (Adaptat ion of Indian Laws) Order , 1937, published in the Gazette of India \r\n(Extraordinary), dated 1.4.1937, pp. 75-344, Article 3 and Schedule-VI. \r\n5\r\nSubstituted for the words “Local Government” by the Order ibid., s. 4 and Table of General Adaptations. \r\n6\r\nIbid. \r\n7\r\nSubstituted by the Government of India (Adaptation of Indian Laws) Order, 1937, pu blished in the Gazette of India \r\n(Extraordinary), dated 1.4.1937, pp. 75-344, s. 3 and Schedule VI. \r\n8\r\nAdded by the Punjab Excise (Amendment) Ordinance 1985 (XVIII of 1985), published in the Gazette of Punjab (Extraordinary), \r\ndated February 23, 1985, s. 2. \r\n(b) that it shall apply to all or any specified \r\n1\r\n[intoxicant] or \r\n2\r\n[intoxicants] or \r\nclasses thereof; \r\n(c) that it shall apply to all or any class or classes of persons or officers; \r\n(d) that it shall be in force only for some special period or occasion. \r\n7. Saving of enactments .– Save as provided by the Schedule, nothing \r\ncontained in this Ac t shall affect the provisions of the Sea Customs Act, 1878, the \r\nCantonments Act, 1910, or the Indian Tariff Act, 1894, or any rule or order made \r\nthereunder. \r\nCHAPTER II \r\nEstablishment and control \r\n8. Superintendence and control of the excise administration an d ex cise \r\nofficers.– (a) Subject to the control of the  \r\n3\r\n[Provincial Government] and unless the \r\n4\r\n[Provincial Government] shall by notification otherwise direct, the general \r\nsuperintendence and administration of all matters relating to excise shall vest in th e \r\n5\r\n[Board of Revenue]. \r\n(b) Subject to the general superintendence and con trol of the \r\n6\r\n[Board of \r\nRevenue] and unless the \r\n7\r\n[Provincial Government] shall by notification \r\notherwise direct, the Commissioner shall control all other excise \r\nofficers in his division. \r\n(c) Subject as aforesaid and to the control of the Commissioner and \r\nunless the \r\n8\r\n[Provincial Government] shall by notification otherwise \r\ndirect, the Collector shall control all other excise officers in his district. \r\n9. Excise Commissioner .– The \r\n9\r\n[Provincial Government] may by notification \r\nappoint an Excise Commissioner, and, subject to such conditions and restrictions as \r\n \r\n1\r\nSubstituted by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th March, 1937, published in the \r\nGazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3 and Schedule VI of General Adaptations. \r\n2\r\nSubstituted for the word “articles” by the Order ibid., s. 3 and Schedule VI. \r\n3\r\nSubstituted for the words “Local Government” by the Order ibid., s. 4 and Table of General Adaptations. \r\n4\r\nIbid. \r\n5\r\nSubstituted for the word s “Financial Commissioner” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of \r\n1957), Notification No. Leg.I(3)57, dated 25th July, 1957, published in the Gazette of West Pakistan (Extraordinary), dated July \r\n25, 1957, pp. 709-789, sub-section (2) of s. 3 and Schedule II. \r\n6\r\nSubstituted for the words “F inancial Commissioner” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of \r\n1957), Notification No. Leg.I(3)57, dated 25 th July, 1957, published in the Gazette of West Pakistan (Extraordinary), dated July \r\n25, 1957, pp. 709-789, sub-section (2) of s. 3 and Schedule II. \r\n7\r\nSubstituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published  in the Gazett e of India (Extraordinary), dated April 1, 1937 , pp. 75-344, s. 4 and Table of General \r\nAdaptations. \r\n8\r\nIbid. \r\n9\r\nIbid. \r\nit may deem fit, may invest him with all or any of the powers conferred on the \r\n1\r\n[Board \r\nof Revenue] by this Act. \r\n10. Other classes of exc ise officers.– (a) There shall be such other classes of \r\nexcise officers a s the \r\n2\r\n[Provincial Government] may by notification declare, and the \r\n3\r\n[Provincial Government] may appoint as many persons as it deems fit to be excise \r\nofficers of these classes. \r\n(b) Their powers.– The \r\n4\r\n[Provincial Government] shall by notification \r\ndeclare w hat powers under this Act shall be exercised by excise \r\nofficers of each class. \r\n(c) Mode of conferring powers.– In conferring powers under this Act, the \r\n5\r\n[Provincial Government] may empower persons by name or in virtue of \r\ntheir office or classes of officials generally by their official titles. \r\n11. Power to invest persons with special powers under this Act .– The \r\n6\r\n[Provincial Government] may by notification invest any person, not being an  excise \r\nofficer, with power to perform all or any of the functions of an excise officer under this \r\nAct, and such person shall in the exercise of these functions be deemed to be an \r\nexcise officer. \r\n12. Local limits of jurisdiction .– The jurisdiction of the \r\n7\r\n[Board of Revenue] and \r\nof the Excise Commissioner shall extend to the Pun jab, the jurisdiction of \r\nCommissioners shall extend to their divisions and the jurisdiction of Collectors and \r\nother excise officers shall, unless the \r\n8\r\n[Provincial Government] shall otherwise direct, \r\nextend to the districts in which they are for the time being employed. \r\n13. Delegation.– (a) The  \r\n9\r\n[Provincial Government] may by notification delegate to \r\nthe \r\n10\r\n[Board of Revenue] \r\n1\r\n[, the Excise Commissioner] or Commissioner all or any of \r\n \r\n1\r\nSubstituted for the words “Financial Commissioner” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of \r\n1957), Notification No. Leg.I(3)57, dated 25th July, 1957, published in the Gazette of West Pakistan (Extraordinary), dated July \r\n25, 1957, pp. 709-789, sub-section (2) of s. 3 and Schedule II. \r\n2\r\nSubstituted for the words “Local Government” by the Government of I ndia (Adaptation of Indian Laws) Order, 1937, dated 18th \r\nMarch, 1937, publishe d in the Gazette of India (Extraordinary), dated April 1, 1937 , pp. 75-344, s. 4 and Table of General \r\nAdaptations. \r\n3\r\nIbid. \r\n4\r\nIbid. \r\n5\r\nIbid. \r\n6\r\nIbid. \r\n7\r\nSubstituted for the words “F inancial Commissioner” by the West Pakistan (Adaptation and Repeal of Laws) Act, 195 7 (XVI of \r\n1957), Notification No. Leg.I(3)57, dated 25 th July, 1957, published in the Gazette of West Pakistan (Extraordinary), dated July \r\n25, 1957, pp. 709-789, sub-section (2) of s. 3 and Schedule II. \r\n8\r\nSubstituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937 , pp. 75-344, s. 4 and Table of Gener al \r\nAdaptations. \r\n9\r\nIbid. \r\n10\r\nSubstituted for the words “Financial Commissioner” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of \r\n1957), Notification No. Leg.I(3)57, dated 25 th July, 1957, published in the Gazette of West Paki stan (Extraordinary), dated July \r\n25, 1957, pp. 709-789, sub-section (2) of s. 3 and Schedule II. \r\nits powers under this Act, except the powers conferred by sections 14, 21, 2 2, 31, 56 \r\nand 58 of this Act. \r\n(b) The \r\n2\r\n[Provincial Government] may by notification permit the delegation by the \r\n3\r\n[Board of Revenue], Commissioner or Collector to any person or class o f \r\npersons specified in such notification of any powers conferred by this Act or \r\nexercised in respect of excise revenue under any Act for the time being in \r\nforce. \r\n14. Appeal.– An appeal shall lie from an original or appellate order of an excise \r\nofficer in s uch cases or cl asses of cases and to such authority as the \r\n4\r\n[Provincial \r\nGovernment] shall by notification declare. \r\n \r\n5\r\n[Provided that no order under this section shall be passed unless the \r\nappellant is afforded an opportunity of being heard]. \r\n15. Revision.– (a) T he \r\n6\r\n[Board of Revenue] may at any time revise any order \r\npassed by any excise officer subordinate to him. \r\n(b) A Commissioner or Collector may call for the record of any case \r\npending before, or disposed of by, any excise officer subordinate to \r\nhim, and if he is of opin ion that the proceedings taken or order made \r\nshould be mo dified or reversed, he shall report the case with his \r\nopinion thereon for the orders of the \r\n7\r\n[Board of Revenue]: \r\nProvided that the \r\n8\r\n[Board of Revenue] shall not under this section pas s \r\nan order revising or modifying any proceeding or order of a subordinate \r\nexcise officer and affecting any person without giving such person an \r\nopportunity of being heard. \r\nCHAPTER III \r\nImport, export and transport \r\n \r\n1\r\nInserted by the West Punjab Excise (Amendment) Act, 1949 (XX of 1949), vide Notification No.579 -Leg., dated 14 th August, \r\n1949, published in the West Punjab Gazette (Extraordinary), August 14, 1949, pp. 189-190, s. 2.   \r\n2\r\nSubstituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937 , pp. 75-344, s. 4 and Table of General \r\nAdaptations. \r\n3\r\nSubstituted for the words “Financial Commissioner” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of \r\n1957), Notification No. Leg.I(3)57, dated 25 th July, 1957, published in the Gazette of West Pakistan (Extraordinary), dated July \r\n25, 1957, pp. 709-789, sub-section (2) of s. 3 and Schedule II. \r\n4\r\nSubstituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, publis hed in the Gazette of India (Extraordinary), dated April 1, 1937 , pp. 75-344, s. 4 and Table of General \r\nAdaptations. \r\n5\r\nAdded by the Punjab Excise (Amendment) Ordinance 1985 (XVIII of 1985), published in the Gazette of Punjab (Extraordinary), \r\ndated February 23, 1985, s. 2. \r\n6\r\nSubstituted for the words “Financial Commission er” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of \r\n1957), Notification No. Leg.I(3)57, dated 25 th July, 1957, published in the Gazette of West Pakistan (E xtraordinary), dated July \r\n25, 1957, pp. 709-789, sub-section (2) of s. 3 and Schedule II. \r\n7\r\nIbid. \r\n8\r\nIbid. \r\n16. Import, export and transport of \r\n1\r\n[intoxicants].– No \r\n2\r\n[intoxicant] shall be \r\nimported, exported or transported except– \r\n(a) after payment of any \r\n3\r\n[duty to which it may be liable under this Act] or \r\nexecution of a bond for such payment, and \r\n(b) in compliance with such conditions as the \r\n4\r\n[Provincial Government] \r\nmay impose. \r\n17. Power of \r\n5\r\n[Provincial Government ] to prohibit  import, export  and \r\ntransport of \r\n6\r\n[intoxicants].– The \r\n7\r\n[Provincial Government] may, by notification– \r\n(a) \r\n8\r\n[* * * *], prohibit the import or export of any \r\n9\r\n[intoxicant] into or from the \r\nPunjab or any part thereof; or  \r\n(b) prohibit the transport of any \r\n10\r\n[intoxicant]. \r\n11\r\n[\r\n12\r\n[* * * * * * * * *  ]] \r\n18. Passes necessary for import, export and transport .– Except as otherwise \r\nprovided by any rule made under this Act, no  \r\n13\r\n[intoxicant] exceeding su ch quantity \r\nas t he \r\n14\r\n[Provincial Government] may prescribe by notification  shall be imported, \r\nexported or transported except under a pass issued under the provisions of the next \r\nfollowing section: \r\n Provided that in the case of duty -paid foreign liquor such passes shall be \r\ndispensed with, unless the \r\n15\r\n[Provincial Government] shall  by notification otherwise \r\ndirect: \r\n \r\n1\r\nSubstituted for the words “excisable articles” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3 and Schedule VI of General \r\nAdaptations. \r\n2\r\nIbid. \r\n3\r\nIbid. \r\n4\r\nSubstituted for the words “Local Government” by the Order ibid., s. 4 and Table of General Adaptations. \r\n5\r\nIbid. \r\n6\r\nSubstituted for the words “excisable articles” by the Order ibid., s. 3 and Schedule VI. \r\n7\r\nSubstituted for the words “Local Government” by the Order ibid., s. 4 and Table of General Adaptations. \r\n8\r\nOmitted the words “with the previous sanction of the Governor -General in Council” by the Devolution Act 1920 (XXXVIII of \r\n1920), published in the Punjab Gazette, Part-IV, dated September 24, 1920, pp. 127-153, s. 2 and Part-VII of First Schedule. \r\n9\r\nSubstituted for the words “excisable article” by the Government of India (Adaptati on of Indian L aws) Order, 1937, dated 18 th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3 and Schedule VI of General \r\nAdaptations. \r\n10\r\nIbid. \r\n11\r\nProviso inserted by the Devolution Act 1920 (XXXVIII of 1920), published in t he Punjab G azette, Part-IV, dated September \r\n24, 1920, pp. 127-153, s. 2 and Part-VII of First Schedule. \r\n12\r\nOmitted by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India \r\n(Extraordinary), dated 1.4.1937, pp. 75-344, Article 3 and Schedule-VI. \r\n13\r\nSubstituted for the words “excisable article” by the Order ibid., s. 3 and Schedule VI. \r\n14\r\nSubstituted for the words “Local Government” by the Order ibid., s. 4 and Table of General Adaptations. \r\n15\r\nIbid. \r\n Provided, further, that on such conditions as may be determined by the \r\n1\r\n[Board of Revenue] a pass granted under the excise law in force in another province \r\nmay be deemed to be a pass granted under this Act. \r\n19. Grant of passes for import, export and transport .– Passes for the import, \r\nexport or transport of \r\n2\r\n[intoxicants] may be granted by the Collector: \r\n Provided that passes for the import and export  of suc h \r\n3\r\n[intoxicants] as the \r\n4\r\n[Board of Revenue] may from time to time determine shall be granted only by the \r\n5\r\n[Board of Revenue]. \r\nCHAPTER IV \r\nManufacture, possession and sale \r\nA–Manufacture \r\n20. Manufacture of \r\n6\r\n[intoxicants] prohibited except under the pro visions of \r\nthis Act.– (1)(a) No \r\n7\r\n[intoxicant] shall be manufactured or collected: \r\n(b) no hemp plant \r\n8\r\n[* * *] shall be cultivated; \r\n(c) no tari-producing tree shall be tapped; \r\n(d) no tari shall be drawn from any tree; and \r\n(e) no person shall use, keep or have in his possession any materials, still, \r\nutensils, implement or apparatu s whatsoever for  the purpose of \r\nmanufacturing any \r\n9\r\n[intoxicant] other than tari; \r\nexcept under the authority and subject to the terms and conditions of a \r\nlicense granted in that behalf by the Collector. \r\n \r\n1\r\nSubstituted for the wor ds “Financial Commissioner” by the West Pakistan (Adaptation and  Repeal of Laws) Act, 1957 (XVI of \r\n1957), Notification No. Leg.I(3)57, dated 25th July, 1957, published in the Gazette of West Pakistan (Extraordinary), dated July \r\n25, 1957, pp. 709-789, sub-section (2) of s. 3 and Schedule II. \r\n2\r\nSubstituted for the words “ excisable articles” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3 and Schedule VI of General \r\nAdaptations. \r\n3\r\nSubstituted for the words “excisable articles” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3 and Schedule VI of General \r\nAdaptations. \r\n4\r\nSubstituted for the words “F inancial Commissioner” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of \r\n1957), Notification No. Leg.I(3)57, dated 25 th July, 1957, published in the Gazette of West Pakistan (Extraordinary), dated July \r\n25, 1957, pp. 709-789, sub-section (2) of s. 3 and Schedule II. \r\n5\r\nIbid. \r\n6\r\nSubstituted for the words “excisable articles” by the Government of India (Adaptation of Indian Laws) Order, 193 7, dated 18 th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3 and Schedule VI of General \r\nAdaptations. \r\n7\r\nIbid. \r\n8\r\nOmitted for the words “or coca plant” by the Dangerous Drugs Act, 1930 (II of 1930), published in the Punjab Gazette, Part-IV, \r\ndated March 21, 1930, pp. 90-109, s. 40 and Schedule II. \r\n9\r\nSubstituted for the words “excisable article” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3 and Schedule VI of General \r\nAdaptations. \r\n(2) No distillery or brewery shall be constructed or worked except under \r\nthe authority and subject to the terms and conditions of a license granted in that \r\nbehalf by the \r\n1\r\n[Board of Revenue] under section 21. \r\n21. Establishment or licensi ng of distilleries and breweries .– The \r\n2\r\n[Board of \r\nRevenue], subject to su ch restrictions or conditions as the \r\n3\r\n[Provincial Government] \r\nmay impose, may– \r\n(a) establish a distillery in which spirit may be manufactured under a \r\nlicense granted under section 20; \r\n(b) discontinue any distillery so established; \r\n(c) license the construction and working of a distillery or brewery; \r\n(d) make rules regarding– \r\n(1) the granting of licenses for distilleries, stills or breweries; \r\n(2) the security to be deposited by the licen see of  a distille ry or \r\nbrewery; \r\n(3) the period for which the license shall be granted; \r\n(4) the inspection, examination of such distillery or brewery and the \r\nwarehouses connected therewith and of the spirit or fermented \r\nliquor made and stored therein; \r\n(5) the management and working of distillery or brewery; \r\n(6) the form of accou nts to be maintained and the returns to be \r\nsubmitted by the licensee; \r\n(7) the up-keep of buildings and plant; \r\n(8) the size and description of stills, and other plant; \r\n(9) the manufact ure, s toring and passing out of spirit, and the \r\ncontents of passes; \r\n(10) the prices to be charged by the licensee; and \r\n(11) any other matters connected with the working of distilleries or \r\nbreweries. \r\n22. Establishment or licensing of warehouses .– The \r\n1\r\n[Board of  Revenue], \r\nsubject to such restrictions or conditions as the \r\n2\r\n[Provincial Government] may \r\nimpose, may– \r\n \r\n1\r\nSubstituted for the words “F inancial Commissioner” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of \r\n1957), Notification No. Leg.I(3)57, dated 25th July, 1957, published in the Gazette of West Pakistan (Extra ordinary), dated July \r\n25, 1957, pp. 709-789, sub-section (2) of s. 3 and Schedule II. \r\n2\r\nSubstituted for the words “F inancial Commissioner” by the West Pakistan (Adaptation and Rep eal of Laws) Act, 1957 (XVI of \r\n1957), Notification No. Leg.I(3)57, dated 25 th July, 1957, published in the Gazette of West Pakistan (Extraordinary), dated July \r\n25, 1957, pp. 709-789, sub-section (2) of s. 3 and Schedule II. \r\n3\r\nSubstituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937 , pp. 75-344, s. 4 and Table of General \r\nAdaptations. \r\n(a) establish or license a warehouse wherein any \r\n3\r\n[intoxicant] may be \r\ndeposited and kept without payment of duty; \r\n(b) discontinue any warehouse so established. \r\n23. Removal of \r\n4\r\n[intoxicant] from distillery, etc .– No \r\n5\r\n[intoxicant] shall be \r\nremoved from any distillery, brewery, warehouse, or other place of storage \r\nestablished or licensed under this Act, unless the duty (if any) \r\n6\r\n[payable under \r\nChapter V] has been paid or a bond has been executed for the payment thereof. \r\nB–Possession \r\n24. Possession of \r\n7\r\n[intoxicants].– (1) No person shall have in his possession \r\nany quantity of any \r\n8\r\n[intoxicant] in excess of such quantity as the \r\n9\r\n[Provincial \r\nGovernment] has, under section 5,  declared to be the limit of retail sale, except \r\nunder the authority and in accordance with the terms and conditions of– \r\n(a) a license for the manufacture, sale or supply of such article; or \r\n(b) in the case of intoxicating drugs, a license for t he cultivat ion or \r\ncollection of the plants from which such drugs were produced; or \r\n(c) a permit granted by the Collector in that behalf. \r\n(2) Exceptions.– Sub-section (1) shall not apply to– \r\n(a) any \r\n10\r\n[intoxicant] in the possession of any excise officer , com mon \r\ncarrier or warehouse man as such; or \r\n(b) any foreign liquor whic h has been purchased by any person for his \r\nbona fide private consumption. \r\n (3) A licensed vendor shall not have in his possession at any place, other \r\nthan that authorized by his license, any quantity of any \r\n11\r\n[intoxicant] in excess of such \r\n \r\n1\r\nSubstituted for the words “Financial Commissioner” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of \r\n1957), Notification No. Leg.I(3)57, dated 25 th July, 1957, published in the Gazette of West Pakistan (Extraordinary), dated July \r\n25, 1957, pp. 709-789, sub-section (2) of s. 3 and Schedule II. \r\n2\r\nSubstituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937 , pp. 75-344, s. 4 and Table of General \r\nAdaptations. \r\n3\r\nSubstituted for the words “excisable article” by the Order ibid., s. 3 and Schedule VI. \r\n4\r\nIbid. \r\n5\r\nIbid. \r\n6\r\nSubstituted for the words “imposed under section 31” by the Order ibid. \r\n7\r\nSubstituted for the words “excisable articles” by the Order ibid. \r\n8\r\nSubstituted for the words “excisable article” by the Order ibid. \r\n9\r\nSubstituted for the words “Local Government” by the Order ibid., s. 4 and Table of General Adaptations. \r\n10\r\nSubstituted for the words “excisable article” by the Order ibid., s. 3 and Schedule VI of General Adaptations. \r\n11\r\nSubstituted for the words  “excisable article” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3 and Schedule VI. \r\nquantity as the \r\n1\r\n[Provincial Government] has under section 5 declared to be the limit \r\nof sale by retail, except under a permit granted by the Collector in that behalf. \r\n (4) \r\n2\r\n[Notwithstanding anything contained in this Act or any other law for the \r\ntime being in force the Pr ovincial Government may by notification prohibit the \r\npossession or consumption of any intoxicant in respect of any person or persons or \r\nany class or classes of persons or restrict suc h pos session or consumption in \r\nrespect of any person or persons or any cl ass or classes of persons by such \r\nconditions as it may prescribe]. \r\n25. Prohibition of possession of \r\n3\r\n[intoxicant], unlawfully manufactured, \r\nimported, etc .– No person shall have in his  possession any quantity of any  \r\n4\r\n[intoxicant], knowing the same to have b een unlawfully imported, transported, \r\nmanufactured, cultivated or collected, or knowing the prescribed duty not to have \r\nbeen paid thereon. \r\nC–Sale \r\n26. Sale of \r\n5\r\n[intoxicants].– No liquor shall be bottled for sale and  no \r\n6\r\n[intoxicant] \r\nshall be sold, except under the authority and subject to the terms and conditions of a \r\nlicense granted in that behalf: \r\n Provided that– \r\n(1) a person licensed under section 20 to cultivate the hemp \r\n7\r\n[* *] plan t \r\nmay sell without a license those portions of the plant from which any \r\nintoxicating drug can be manufactured to any person licensed under \r\nthis Act to deal in the same or to any officer whom  the \r\n8\r\n[Board of \r\nRevenue] may appoint in this behalf; \r\n(2) a person having the right  to the tari drawn from any tree may sell the \r\nsame without a license to a person licensed to manufacture or sell tari \r\nunder this Act; \r\n(3) on such conditions as the \r\n9\r\n[Board of Revenue] may determine, a \r\nlicense for sale under the excise law f or the time being in force in other \r\n \r\n1\r\nSubstituted for the words “Local Government” by the Order ibid., s. 4 and Table. \r\n2\r\nSubstituted by the West Punjab Excise (Amendment) Act, 1949 (XX of 1949), vide Notification No. 579-Leg., dated 14 th \r\nAugust, 1949, published in the West Punjab Gazette (Extraordinary), August 14, 1949, pp. 189-190, s. 3. \r\n3\r\nSubstituted for the words “excisable article” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3 and Schedule VI of General \r\nAdaptations. \r\n4\r\nIbid. \r\n5\r\nIbid. \r\n6\r\nIbid. \r\n7\r\nOmitted for the words “or coca” by the Dangerous Drugs Act, 1930 (II of 1930), published in the Punjab Gazette, Part-IV, dated \r\nMarch 21, 1930, pp. 90-109, s. 40 and Schedule II. \r\n8\r\nSubstituted for the words “Finan cial Commissioner” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of \r\n1957), Notification No. Leg.I(3)57, dated 25 th July, 1957, published in the Gazette of W est Pakistan (Extraordinary), dated July \r\n25, 1957, pp. 709-789, sub-section (2) of s. 3 and Schedule II. \r\n9\r\nIbid. \r\nparts of \r\n1\r\n[\r\n2\r\n[Pakistan]] may be deemed  to be a license granted in that \r\nbehalf under this Act; \r\n(4) nothing in this section applies to the sale of any foreign liquor lawfully \r\nprocured by any person for his private use and s old by him or on  his \r\nbehalf or on behalf of his representative in interes t upon his quitting a \r\nstation or after his decease. \r\n27. Grant of lease of manufacture etc .– (1) The \r\n3\r\n[Provincial Government] may \r\nlease to any person, on such conditions and for such p eriod as it may deem fit, the \r\nright– \r\n(i) of manufacturing or of supplying by wholesale or of both, or \r\n(ii) of selling by wholesale or by retail, or \r\n(iii) of manufacturing or of supplying by wholesale, or of both, and of selling \r\nby retail, \r\nany country liquor or intoxicating drug within any specified local area. \r\n (2) The Collector shall grant to a lessee under sub -section (1) a license in \r\nthe term of his lease; and, when there is no condition in the lease which prohibits \r\nsub-letting, may, on the application o f the lessee, grant a license to any sub -lessee \r\napproved by the Collector. \r\n28. Manufacture and sale of liquor in Military Cantonments .– Within the limits \r\nof any military cantonment, and within such distance from those limits as the \r\n4\r\n[Central Government] in any case may prescribe, no license for the manufacture or \r\nsale of liquor  and no lease of the retail vend of liquor, such as described in section \r\n27, shall be granted unless with the consent of the Commanding Officer. \r\n29. Prohibition of sale to person unde r the  age of eig hteen years .– No \r\nlicensed vendor and no person in the emp loy of such vendor or acting on his behalf \r\nshall sell or deliver any liquor or intoxicating drug to any person apparently under the \r\nage of eighteen years whether for consumption by su ch person or by another person \r\nand whether for consumption on or of the premises of such vendor. \r\n30. Prohibition on employment of children under the age of sixteen years \r\nand of women.– (1) No person who is licensed to sell foreign liquor or country spirit \r\nfor consumption on his premises shall, during the hours in which such pre mises are \r\nkept open for business, employ or permit to be employed, either with or without \r\n \r\n1\r\nSubstituted for the words “British India” by the Punjab (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), Notificatio n \r\nNo. 825-Leg., dated 21st January, 1955, published in the Punjab Gazette (Extraordinary), dated January 21, 1955, pp. 87-108, \r\ns. 2 and Part II of the First Schedule. \r\n2\r\nSubstituted for the words “the Provinces and the Capital of the Federation” by the West Pakistan Laws (Ada ptation) Order, \r\n1964, vide Notification No. Integ.7-13/62, dated 3 rd June, 1964, published in the Gazette of West Pakistan (Extraordinary) , \r\ndated June 3, 1964, pp. 1805-1849, sub-section (1) of s. 2 and Part II of Schedule. \r\n3\r\nSubstituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937 , pp. 75-344, s. 4 and Table of General \r\nAdaptations. \r\n4\r\nSubstituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937 , pp. 75-344, s. 4 and Table of General \r\nAdaptations. \r\nremuneration, any child under the age of sixteen years in any part of such premises \r\nin which such liquor or spirit is consumed by the public. \r\n(2) No person who is lic ensed to sell foreign liquor or country spirit for \r\nconsumption on his premises, shall, without the previous permission  in writing of \r\nthe collector, during the hours in which such prem ises are kept op en for business \r\nemploy or permit to be  employed, either w ith or without remuneration, any woman \r\nin any part of such premises in which liquor is consumed by the public. \r\n(3) Every permission granted under sub -section (2) shall be endorsed on \r\nthe license, and may be modified or withdrawn. \r\nCHAPTER V \r\nDuties and fees \r\n31. Duty on excisable articles .– \r\n1\r\n[\r\n2\r\n[A duty]], at such rate or rates as the \r\n3\r\n[Provincial Government] shall direct, may be imposed, either generally or for any \r\nspecified local area, on any excisable article– \r\n(a) imported, exported or transported in accordan ce with the provisions of \r\nsection 16; or \r\n(b) manufactured or cultivated under any license granted under section 20; \r\nor \r\n(c) manufactured in any distillery established, or any distiller y or brewery \r\nlicensed under section 21;  \r\nProvided as follows:– \r\n(i) duty s hall not be so imposed on any article which has been \r\nimported into \r\n4\r\n[\r\n5\r\n[Pakistan]] and was liable on importation to duty \r\nunder the Indian Tariff Act, 1894, or the Sea Customs Act, 1878. \r\n(ii) \r\n6\r\n[ * * * * * * * *   ]  \r\nExplanation.– Duty may be imposed under th is section at different rates according \r\nto the places to which any \r\n1\r\n[intoxicant] is to be removed for consumption, or \r\naccording to the varying strengths and quality of such article. \r\n \r\n1\r\nSubstituted for the words “A duty” by the Order ibid., s. 3 and Schedule VI. \r\n2\r\nSubstituted for the w ords “An excise duty or a counter -vailing duty, as the case may be,” by the West Pakistan Laws \r\n(Adaptation) Order, 1964, vide Notification No. Integ.7-13/62, dated 3rd June, 1964, published in the Gazette of West Pakistan \r\n(Extraordinary), dated June 3, 1964, pp. 1805-1849, sub-section (1) of s. 2 and Part II of Schedule. \r\n3\r\nSubstituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 193 7, dated 18th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937 , pp. 75-344, s. 4 and Table of General \r\nAdaptations. \r\n4\r\nSubstituted for the words “British India” by the Punjab (Adaptation, Revision and Repeal) Act, 1954 (XV o f 1955), Notification \r\nNo. 825-Leg., dated 21st January, 1955, published in the Punjab Gazette (Extraordinary), dated January 21,  1955, pp. 87-108, \r\ns. 2 and Part II of the First Schedule. \r\n5\r\nSubstituted for the words “the Provinces and the Capital of the Fede ration” by the  West Pakistan Laws (Adaptation) Order, \r\n1964, vide Notification No. Integ.7-13/62, dated 3 rd June, 1964, published in the Gazette of West Pakistan (Extraordinary) , \r\ndated June 3, 1964, pp. 1805-1849, sub-section (1) of s. 2 and Part II of Schedule. \r\n6\r\nOmitted by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th March, 1937, published in the Gazette \r\nof India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3 and Schedule VI of General Adaptations. \r\n32. Manner in whi ch duty may be levied .– Subject to such rules regulating the \r\ntime, place and manner as the \r\n2\r\n[Board of Revenue] may prescribe, such duty shall \r\nbe levied rateably on the quantity of excisable article imported, exported, \r\ntransported, collected  or m anufactured in, or issued from, a distillery, brewery or \r\nwarehouse: \r\nProvided that duty may be levied– \r\n(a) on intoxicating drugs by an acreage rate levied on the cultivation of the \r\nhemp \r\n3\r\n[* *] plant, or by a rate charged on the quantity collected; \r\n(b) on sp irit or bee r manufactured in any distillery established, or any \r\ndistillery or brewery licensed, under this Act in accordance with such \r\nscale of equivalents calculated on the quantity of materials used, or by \r\nthe degree of attenuation of the wash or wo rt, as the case may be, as \r\nthe \r\n4\r\n[Provincial Government] may prescribe; \r\n(c) on tari, by a tax on each tree from which the tari is drawn: \r\nProvided further that, where payment is made upon issue of an \r\nexcisable article for sale from a warehouse established or  licensed under  \r\nsection 22(a) it shall be made– \r\n(a) if the \r\n5\r\n[Provincial Government] by notification so directs, at the rate of \r\nduty which was in force at the date of import of that article, or \r\n(b) in the absence of such direction by the \r\n6\r\n[Provincial Government], at the \r\nrate of duty which is in force on that article on the date when it is issued \r\nfrom the warehouse. \r\n33. Payment for grant of leases .– Instead of or in addition to any duty leviable \r\nunder this Chapter, the \r\n7\r\n[Provincial Government] may accept paym ent of a sum in  \r\nconsideration of the lease of any right under section 27. \r\n8\r\n[33A. \r\n9\r\n[* * * * * * * * *  ]] \r\n \r\n1\r\nSubstituted for the words “excisable article” by the Order ibid., s. 3 and Schedule VI. \r\n2\r\nSubstituted for the words “F inancial Commissioner” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of \r\n1957), Notification No. Leg.I(3)57, dated 25 th July, 1957, published in the Gazette of West Pakistan (Extraordinary), dated July \r\n25, 1957, pp. 709-789, sub-section (2) of s. 3 and Schedule II. \r\n3\r\nOmitted the words “or coca” by the Dangerous  Drugs Act, 1930 (II of 1930), published in the Punjab Gazette, Part -IV, dated \r\nMarch 21, 1930, pp. 90-109, s. 40 and Schedule II. \r\n4\r\nSubstituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937 , pp. 75-344, s. 4 and Ta ble of General \r\nAdaptations. \r\n5\r\nIbid. \r\n6\r\nIbid. \r\n7\r\nIbid. \r\n8\r\nInserted by the Order ibid., s. 3 and Schedule VI. \r\n9\r\nOmitted by the West Pakistan Laws (Adaptation) Order, 1964 , vide Notification No. Integ.7-13/62, dated 3 rd June, 1964, \r\npublished in the Gazette of West Pakistan (Extraordinary), dated June 3, 1964, pp. 1805-1849, sub-section (1) of s. 2 and Part \r\nII of Schedule. \r\nCHAPTER VI \r\nLicenses, permits and passes \r\n34. Fees for, terms, conditions and form of, and duration of, licenses, \r\npermits and passes .– (1) Every license,  permit or pass  granted under this Act \r\n1\r\n[or \r\nany rules made thereunder] shall be granted– \r\n(a) on payment of such fees, if any, \r\n(b) subject to such restrictions and on such conditions, \r\n(c) in such form and containing such particulars, \r\n(d) for such period,  \r\nas the \r\n2\r\n[Board of Revenue] may direct. \r\n (2) Security.– Any authority grant ing a license under this Act may require \r\nthe licensee to give such security for the observance of the terms of his license, or to \r\nmake such deposit in lieu of security, as such authority may think fit. \r\n35. Grant of licenses for sale .– (1) Subject to the ru les made by the  \r\n3\r\n[Board of \r\nRevenue] under the powers conferred by this Act, the  Collector may grant licenses \r\nfor the sale of any \r\n4\r\n[intoxicant] within his district. \r\n (2) Ascertainment of p ublic opini on.– Before any license is granted in \r\nany year for the retail sale of liquor for consumption on any  premises which have not \r\nbeen so licensed in the preceding year, the Collector shall take such measures, in \r\naccordance with rules to be made b y the \r\n5\r\n[Provincial Government] in this behalf, as \r\nmay best enable him to ascertain local public opinion in regard to the licensing of \r\nsuch premises. \r\n (3) A license for sale in more than one district of the Punjab shall be \r\ngranted by the \r\n6\r\n[Board of Revenue] only. \r\n36. Power to cancel or suspend licenses, etc .– Subject to such res trictions as \r\nthe \r\n7\r\n[Provincial Government] may prescribe, the authority granting any license, \r\npermit or pass under this Act may cancel or suspend it– \r\n \r\n1\r\nInserted by the West Punjab Excise (Amendment) Act, 1949 (XX of 1949), vide Notification No.  579-Leg., dated 14 th August, \r\n1949, published in the West Punjab Gazette (Extraordinary), August 14, 1949, pp. 189-190, s. 4.   \r\n2\r\nSubstituted for the words “Financial Commissioner” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of \r\n1957), Notification No. Leg.I(3)57, dated 25th July, 1957, published in the Gazette of West Pakistan (Extraordina ry), dated July \r\n25, 1957, pp. 709-789, sub-section (2) of s. 3 and Schedule II. \r\n3\r\nIbid. \r\n4\r\nSubstituted for the words “excisable article” by the Government of India (Adaptation of In dian Laws) Order, 1937, d ated 18th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3 and Schedule VI of General \r\nAdaptations. \r\n5\r\nSubstituted for the words “Local Government” by the Order ibid., s. 4 and Table of General Adaptations. \r\n6\r\nSubstituted for the words “Financial Commissioner” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of \r\n1957), Notification No. Leg.I(3)57, dated 25 th July, 1957, published in the Gazette of West Pakistan (Extra ordinary), dated July \r\n25, 1957, pp. 709-789, sub-section (2) of s. 3 and Schedule II. \r\n7\r\nSubstituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in the Gazette of Indi a (Extraordinary), dated April 1, 1937 , pp. 75-344, s. 4 and Table of General \r\nAdaptations. \r\n(a) if it is transferred or sublet  by the holder thereof without the permission \r\nof the said authority; or \r\n(b) if any duty or fee payable by the holder thereof be not duly paid; or \r\n(c) in the event of any breach by the holder of such license, permit or pass \r\nor by his servants, or by any one  acting on his behalf with his express \r\nor implied permission, of any of the terms or conditions of such license, \r\npermit or pass; or \r\n(d) if the holder thereof is convicted of any offence punishable under this \r\nAct or any other law for the time being in force relating to revenue, or of \r\nany cognizable and non -bailable offence or an y offence punishable \r\n1\r\n[under the Dangerous Drugs Act, 1930, or], under the Merchandise \r\nMarks Act, 1889, or of any offence punishable under sections 482 to \r\n489 (both inclusive) of the \r\n2\r\n[Pakistan] Penal Code; or \r\n(e) if the holder thereof is punished for any offence referred to in clause (8) \r\nof section 167 of the Sea Customs Acts, 1878; or \r\n(f) where a license, permit or pass has been granted on the application of \r\nthe grantee of a lease un der this Act, o n the requisition in writing of \r\nsuch grantee; or \r\n(g) at wi ll, if the conditions of the license or permit provide for such \r\ncancellation or suspension. \r\n37. Power to cancel any other license.– When a license, permit or pass held by \r\nany person i s ca ncelled und er clauses (a), (b), (c), (d) or (e) of section 36 the \r\nauthority aforesaid may cancel any other licenses, permit or pass granted to such \r\nperson \r\n3\r\n[by, or by the authority of the Provincial Government] within the same district \r\nunder this Act o r under any oth er law for the time being in force relating to excise \r\nrevenue or under the Opium Act, 1878 and the \r\n4\r\n[Board of Revenue] may cancel any \r\nsuch license, permit or pass granted to such person in any district to which this Act \r\napplies. \r\n38. Power to recover fee.– In the case of cancellation or suspension of a license \r\nunder clauses (a), (b), (c), (d) or (e) of section 36, the fee payable for the balance of \r\nthe period for which any license would have been current but for such cancellation or \r\nsuspension, may be recovered from the ex-licensee as excise revenue. \r\n39. Power of Collector to take grants under management or to resell .– If any \r\nholder of a license granted under this Act, or any person to whom a lease has been \r\n \r\n1\r\nInserted by the Dangerous Drugs Act, 1930 (II of 1930), published in the Punjab Gazette, Part -IV, dated March 21, 1930, pp. \r\n90-109, s. 40 and Schedule II. \r\n2\r\nSubstituted for the word “India” by the Punjab (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), Notification No. 825-\r\nLeg., dated 21st January, 1955, published in the Punjab Gazette (Extraordinary), dated January 21,  1955, pp. 87-108, s. 2 and \r\nPart II of the First Schedule. \r\n3\r\nInserted by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th March, 1937, published in the \r\nGazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3 and Schedule VI of General Adaptations. \r\n4\r\nSubstituted for the words “Financial Commissioner” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of \r\n1957), Notification No. Leg.I(3)57, dated 25 th July, 1957, published in the Gazette of West Pakistan (Extraordinary), dated July \r\n25, 1957, pp. 709-789, sub-section (2) of s. 3 and Schedule II. \r\ngranted under section 27, makes defau lt i n complying  with any condition imposed \r\nupon him by such license or le ase, the Collector may take the grant under \r\nmanagement at the risk of the person who has so defaulted or may resell it and \r\nrecover in the manner laid down in section 60 of this Act an y deficiency in price and \r\nall expenses of such re-sale. \r\n40. No compensation or refund claimable for cancellation or suspension of \r\nlicense, etc., under this section .– When a license, permit or pass is cancelled or \r\nsuspended under clauses (a), (b), (c), (d) or (e) of section 36 or under section 37, the \r\nholder shall not be entitle d to any compensation for its cancellation or suspension, \r\nnor to the refund of any fee paid or deposit made in respect thereof. \r\n41. Power to withdraw licenses .– (1) Whenever the autho rity which granted a \r\nlicense, permit or pass under this Act considers tha t such license, permit or pass \r\nshould be withdrawn for any cause other than those specified in section 36, it may, \r\non remitting a sum equal to the amount of the fees payable in respec t th ereof for \r\nfifteen days, withdraw the license either– \r\n(a) on the expir ation of fifteen days’ notice in writing of its intention to do \r\nso, or \r\n(b) forthwith without notice. \r\n(2) Compensation in the case of withdrawal .– If any license, permit or \r\npass be wit hdrawn under cl ause (d) of sub -section (1), in addition to the sum \r\nremitted as aforesaid, there shall be paid to the licensee such further sum (if any) by \r\nway of compensation as the \r\n1\r\n[Board of Revenue] may direct. \r\n(3) Refund of fee or deposit .– When a lice nse, permit or pass is \r\nwithdrawn under this section, any fee paid in adva nce or deposits made by the \r\nlicensee in respect thereof shall be refu nded to him, after deducting the amount (if \r\nany) due to \r\n2\r\n[the Provincial Government]. \r\n42. Technical irregularities  in license, et c.– (1) No license, permit or pass \r\ngranted under this Act shall be deemed to be invalid by reason merely of any \r\ntechnical defect, irregularity or omission in the license or in any proceedings taken \r\nprior to the grant thereof. \r\n (2) The decisi on o f the \r\n3\r\n[Board of Revenue] as to what is a technical \r\ndefect, irregularity or omission shall be final. \r\n43. No claim in consequence of refusal to renew a license, etc.– No person to \r\nwhom a license, permit or pass may have been granted shall be entitled to  claim any \r\nrenewal thereof, and no claim shall lie for damages or otherwi se in consequence of \r\n \r\n1\r\nSubstituted for the words “Financial Commissioner” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of \r\n1957), Notification No. Leg.I(3)57, dated 25 th July, 1957, published in the Gazette of West Pakistan (Extraordinary), dated July \r\n25, 1957, pp. 709-789, sub-section (2) of s. 3 and Schedule II. \r\n2\r\nSubstituted for the word “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th March, \r\n1937, published i n the Gazette of India (E xtraordinary), dated April 1, 1937 , pp. 75-344, s. 3 and Schedule VI of General \r\nAdaptations. \r\n3\r\nSubstituted for the words “Financial Commissioner” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of \r\n1957), Notification No. Leg.I(3)57, dated 25th July, 1957, published in the Gazette of West P akistan (Extraordinary), dated July \r\n25, 1957, pp. 709-789, sub-section (2) of s. 3 and Schedule II. \r\nany refusal to renew a license, permit or pass on the expiry of the period for which it \r\nremains in force. \r\n44. Surrender of license.– (1) No holder of a license gr anted under this Act to sell \r\nan \r\n1\r\n[intoxicant] shall surrender his license  except on the expiration of one month’s \r\nnotice in writing given by him to the Collector of his intention to surrender the same \r\nand on payment of the fee payable for the license for t he whole period of which it \r\nwould have been current but for the surrender: \r\n Provided that, if the Collector is satisfied that there is sufficient reason for \r\nsurrendering the license, he may remit to the holder thereof the sum so payable on \r\nsurrender or any portion thereof. \r\n (2) Sub-section (1) shall not apply in the case of any license granted under \r\nsection 27 (2). \r\nExplanation.– The words “holder of a license” as used in this section includes a \r\nperson whose tender or bid for a license has been accepted alth ough he may not  \r\nactually have received the license. \r\nCHAPTER VII \r\nPowers and Duties of Officers, etc \r\n45. Power to enter and inspect places of manufacture and sale .–Any excise \r\nofficer not below such rank as the \r\n2\r\n[Provincial Government] may prescribe may– \r\n(a) enter and inspe ct, at any time by day or by night, any place in which \r\nany licensed manufacturer carries on the manufacture of or stores any  \r\n3\r\n[intoxicant]; \r\n(b) enter and inspect at any time, within the hours during which sale is \r\npermitted, and at any other time during which the same may be open, \r\nany place in which any \r\n4\r\n[intoxicant] is kept for sale by any person \r\nholding a license under this Act; \r\n(c) examine accounts and registers, test, measure or weigh any materials, \r\nstills, utensils, implements, apparatus or \r\n5\r\n[intoxicant] found in that \r\nplace; and \r\n(d) seize any accounts, registe rs, measures, weights or testing \r\ninstruments which he has reason to believe to be false. \r\n46. Power of excise officer to investigate offences punishable under this \r\nAct.– (1) The \r\n1\r\n[Provincial Government] may by notification  invest any excise officer, \r\n \r\n1\r\nSubstituted for the words “excisable article” by the Government of India (Ada ptation of Ind ian Laws) O rder, 1937, dated 18 th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3 and Schedule VI of General \r\nAdaptations. \r\n2\r\nSubstituted for the words “Local Government” by the Order ibid., s. 4 and Table of General Adaptations. \r\n3\r\nSubstituted for the words “excisable a rticle” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3 and Schedule VI. \r\n4\r\nSubstituted for the words “excisable article” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3 and Schedule VI. \r\n5\r\nIbid. \r\nnot bel ow the rank of sub -inspector, with power to investigate any offence \r\npunishable under this Act, committed within the limits of the area in which the officer \r\nexercises jurisdiction. \r\n (2) Every officer so empowered may within those limits exercise the same \r\npowers in respect of such investigations as an officer -in-charge of a police station \r\nmay exercise in a cognizable case under the provisions of Chapter XIV of the Code \r\nof Criminal Procedure, 1898. \r\n47. Powers of arrest, seizure and detention .– An officer of th e excise, police, \r\nsalt or land revenue department, not below such rank and subject to such restriction \r\nas the \r\n2\r\n[Provincial Government] may prescribe, and any other person duly \r\nempowered by notification by the \r\n3\r\n[Provincial Government] in this behalf, may ar rest \r\nwithout warrant any person found committing an offence punishable under section \r\n61, or section 63, and may seize and detain any \r\n4\r\n[intoxicant] or other article which he \r\nhas reason to believe to be liable to confiscation under this Act or other law for the \r\ntime being in force relating to excise revenue; and may detain and search any \r\nperson upon whom, and any vessel, raft, vehicle, animal, package, receptacle or \r\ncovering or upon whic h he may have r easonable cause to suspect any such article \r\nto be. \r\n48. Power of magistrate to issue warrant for search or arrest .– A magistrate \r\nhaving reason to believe that an offence under section 61 or 63 has been, is being, \r\nor is likely to be committed, may– \r\n(a) issue a warrant for the search of any place in which he has rea son to \r\nbelieve that any \r\n5\r\n[intoxicant] still, utensil, implement, apparatus or \r\nmaterials, in respect of which such offence has been is being, or is \r\nlikely to be committed, are kept or concealed; and \r\n(b) issue a warrant for the arrest of any person whom he h as reason to \r\nbelieve to have been, to be, or to be likely to be engaged in the \r\ncommission of any such offence. \r\n49. Power of excise officer to search without warrant .– (1) Whenever any  \r\nexcise officer  not below such rank as the  \r\n6\r\n[Provincial Government] may b y \r\nnotification prescribe, has reason to believe that an offence punishable under section \r\n61, section 62, section 63, or section 64, has been, is being, or is likely to be \r\ncommitted in  any place, and  that a search -warrant cannot be obtained without \r\naffording the offender an opportunity of escape or of concealing evidence of the \r\noffence, he may, at any time, by day or night enter and search such place. \r\n \r\n1\r\nSubstituted for the words “Local Government” by the Order ibid., s. 4 and Table. \r\n2\r\nIbid. \r\n3\r\nIbid. \r\n4\r\nSubstituted for the word “excisable” by the Order ibid., s. 3 and Schedule VI. \r\n5\r\nSubstituted for the words “excisable article” by the Go vernment of In dia (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3 and Schedule VI of General \r\nAdaptations. \r\n6\r\nSubstituted for the words “Local Government” by the Order ibid., s. 4 and Table of General Adaptations. \r\n (2) Further powers of seizure, det ention, search and arrest .– Every \r\nexcise officer as aforesaid may seize a nything found in such place which he has \r\nreason to believe to be liable to confiscation under this Act, and may detain and \r\nsearch and, if he thinks proper, arrest any person found in such place whom he has \r\nreason to believe to be guilty of such offence as aforesaid. \r\n50. Procedure relating to arrests, searches, etc.– Save as in this Act otherwise \r\nexpressly provided, the provisions of the Code of Criminal Procedure, 1898, relating \r\nto arrests, detentions in custody, searches, summonses, warrant of arrest, sear ch-\r\nwarrants, production of persons arrested and investigation of offence shall be held to \r\nbe applicable to all action taken in these respect under this Act: \r\n Provided that:– \r\n(1) any o ffence under thi s Act may be investigated by an officer \r\nempowered under section 46 without the order of a magistrate; \r\n(2) whenever an excise officer below the rank of Collector makes any \r\narrest, seizure or search he shall within twenty -four hours thereafte r, \r\nmake a full r eport of all the particulars of the arrest, seizure or se arch \r\nto his immediate official superior, and shall, unless bail be accepted \r\nunder section 73, take or send the person arrested or the article \r\nseized, with all convenient despatch to a  magistrate for trial or \r\nadjudication. \r\n51. Police to aid excise officers .– All police officers are required to aid the \r\nexcise officer in the due execution of this Act, upon request made by such excise \r\nofficers. \r\n52. Duty of landholders and others to give in formation.– (a) Every owner or \r\noccupier of land and the agent of any owner or occupier of land on which– \r\n(b) every lambardar, village headman, village accountant, village \r\nwatchman, village policeman and every officer employed in the \r\ncollection of revenue o r rent of land o n the part of Government or the \r\nCourt of Wards in whose village– \r\n there shall be any manufacture or illegal import or collection of any \r\n1\r\n[intoxicant] not licensed under this Act, or any unlawful cultivation of any \r\nplants from which an intoxicating drug can be produced, shall be bound, in the \r\nabsence of reasonabl e excuse, to give notice of the same to a magistrate or \r\nto an officer of the excise, police or land revenue department as soon as the \r\nfact comes to his knowledge. \r\n53. Duty of officer incharge of polic e station to take charge of articles \r\nseized.– Every officer-in-charge of a police station shall take charge of and keep in \r\nsafe custody, pending the orders of a magistrate, or of the Collector or of an officer \r\nempowered under section 46 (1) to investigate the case, all articles seized under this \r\nAct which may b e delivered to him, and shall allow any excise officer who may \r\n \r\n1\r\nSubstituted for the words “excisable article” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3 and Schedule VI of General \r\nAdaptations. \r\naccompany such articles to the police station, or may be deputed for the purpose by \r\nhis superior officer to affix his se al to the articles and to take samples of and from \r\nthem. All samples so t aken shall also be sealed with the seal of the officer in charge \r\nof the police station. \r\n54. Power to close shops for the sake of public peace .– (1) The District \r\nMagistrate or a Sub -Divisional Magistra te by notice in writing to the licensee may \r\nrequire that any shop in which any \r\n1\r\n[intoxicant] is sold shall be closed at such times \r\nor for such period as he may think necessary for the preservation of the public \r\npeace. \r\n(2) If a riot or unlawful assembly is apprehended or occurs in the vicinity of \r\nany such shop, a magistrate of any class may require such shop to be kept closed \r\nfor such period as he may think necessary: \r\n Provided that where any such riot or unlawful assembly occurs the license e \r\nshall, in the absence of a magistrate, close his shop without any order. \r\n (3) When any Sub -Divisional Magistrate makes a direction under sub -\r\nsection (1) or any magistrate makes a direction under sub -section (2), he shall \r\nforthwith inform the Collector of his action and his reasons therefor. \r\nCHAPTER VIII \r\nGeneral Provisions \r\n55. Measures, weights and testing instruments .– Every person  who \r\nmanufactures or sells any \r\n2\r\n[intoxicant] under a license granted under this Act shall be \r\nbound– \r\n(a) to supply himself with  such measures, weights and instruments as the  \r\n3\r\n[Board of Revenue] may pr escribe, and to keep the same in good \r\ncondition; and \r\n(b) on the requisition of any excise officer duly empowered by the Collector \r\nin that behalf, at any time to measure, weigh or test  any \r\n4\r\n[intoxicant] in \r\nhis possession in such manner as the said excise officer may require. \r\n56. Power of \r\n5\r\n[Provincial Government] to exempt \r\n6\r\n[intoxicants] from the \r\nprovisions of the Act .– The \r\n7\r\n[Provincial Government] may, by notification, either \r\n \r\n1\r\nIbid. \r\n2\r\nSubstituted for the words “excisable article” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3 and Schedule VI of General \r\nAdaptations. \r\n3\r\nSubstituted for the words “Financial Commissioner” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of \r\n1957), Notification No. Leg.I(3)57, dated 25th July, 1957, published in the Gazette of West Pakistan (Extraordinary), d ated July \r\n25, 1957, pp. 709-789, sub-section (2) of s. 3 and Schedule II. \r\n4\r\nSubstituted for the words “excisable article” by the Government of India (Adaptation of Indian Laws) Or der, 1937, dat ed 18th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3 and Schedule VI of General \r\nAdaptations. \r\n5\r\nSubstituted for the words “Local Government” by the Order ibid., s. 4 and Table. \r\n6\r\nSubstituted for the words “excisable articles” by the Order ibid., s. 3 and Schedule VI. \r\n7\r\nSubstituted for the words “Local Government” by the Order ibid., s. 4 and Table. \r\nwholly or partially and subj ect to such conditions as it may think fit to prescribe , \r\nexempt any \r\n1\r\n[intoxicant] from all or any of the provisions of this Act. \r\n57. Bar of certain suits .– No suit shall lie in any civil court against the \r\n2\r\n[\r\n3\r\n[Provincial Government]] or an y officer or perso n for damages for any act in good \r\nfaith done, or ordered to be done, in pursuance of this Act or of any other law for the \r\ntime being in force relating to the excise revenue. \r\n58. Powers of \r\n4\r\n[Provincial Government] to make rules .– (1) The \r\n5\r\n[Provincial \r\nGovernment] may, by notification, make rules for the purpose of carrying out the \r\nprovisions of this Act or any other law for the time being in force relating to excise \r\nrevenue. \r\n (2) In particular, and without prejudice to the generality of the foregoing \r\nprovisions, the \r\n6\r\n[Provincial Government] may make rules– \r\n(a) prescribing the duties of excise officers; \r\n(b) regulating the delegation of any powers by the \r\n7\r\n[Board of Revenue], \r\nCommissioner or Collector, under section 13, clause (b); \r\n(c) prescribing the time and ma nner of presenting, and the procedure for \r\ndealing with appeals from orders of excise officers; \r\n(d) regulating the import, export, transport or possession of any \r\n8\r\n[intoxicant] \r\n9\r\n[or excise bottle and the transfer, price or use of any type \r\nor description of such bottle]; \r\n(e) regulating the periods and localities for which, and the persons, or \r\nclasses of persons, to whom, licenses, permits and passes for the vend \r\nby wholesale or by retail of any \r\n10\r\n[intoxicant] may be granted and \r\n \r\n1\r\nSubstituted for the words “excisable article” by the Order ibid., s. 3 and Schedule VI. \r\n2\r\nSubstituted for th e words “Se cretary of State for India in Council” by the Governm ent of India (Adaptation of Indian Laws) \r\nOrder, 1937, dated 18th March, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3 and \r\nSchedule VI of General Adaptations. \r\n3\r\nSubstituted for the word “Crown” by the West Pak istan Laws (Adaptation) Order, 1964 , vide Notification No. Integ.7-13/62, \r\ndated 3 rd June, 1964, published in the Gazette of West Pakistan (Extraordinary) , dated June 3, 1964 , pp. 1805-1849, su b-\r\nsection (1) of s. 2 and Part II of Schedule. \r\n4\r\nSubstituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937 , pp. 75-344, s. 4 and Table of General \r\nAdaptations. \r\n5\r\nIbid. \r\n6\r\nIbid. \r\n7\r\nSubstituted for the words “Financial Commissioner” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of \r\n1957), Notification No. Leg.I(3)57, dated 25 th July, 1957, published in the Gazette of West Pakistan (Extraordinary), dated July \r\n25, 1957, pp. 709-789, sub-section (2) of s. 3 and Schedule II. \r\n8\r\nSubstituted for the words “excisable article” by the Government of India (Adaptation of Indian Laws) Order, 1937, d ated 18th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3 and Schedule VI of General \r\nAdaptations. \r\n9\r\nAdded by the Punjab Excise (Amendment) Act, 1940 (I of 1940) , dated 6 th March, 1940, published in the P unjab Gazette \r\n(Extraordinary), dated March 6, 1940, p. 225, s. 3. \r\n10\r\nSubstituted for the words “excisable article” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3 and Schedule VI of General \r\nAdaptations. \r\nregulating the number of such lic enses which may be granted in any \r\nlocal area; \r\n(f) prescribing the procedure to be followed and the matters to be \r\nascertained before any license is granted for the retail vend of liquor for \r\nconsumption on the premises; \r\n(g) for the prohibition of the sale of any \r\n1\r\n[intoxicant] to any person or class of \r\npersons; \r\n(h) regulating the power of excise officers to summon witnesses from a \r\ndistance; \r\n(i) regulating the grant of expenses to witnesses and compensation to \r\npersons charged with offences und er this  Act and su bsequently \r\nreleased, discharged or acquitted; \r\n(j) for the prohibition of the employment by a license holder of any person \r\nor class of persons to assist in his business in any capacity whatsoever; \r\n(k) for the prevention of drunkenness, gambling and disorderly conduct in or \r\nnear any licensed premises, and the meeting or remaining of persons of \r\nbad character in such premises \r\n2\r\n[;] \r\n3\r\n[(l) for the enforcement of prohibition for any person or persons or any class \r\nor classes of persons or for restr iction of possession or consumption of \r\nany intoxicant by any person or pe rsons or any class or classes of \r\npersons.] \r\n (3) Previous publication of rules.– The power conferred by this section of \r\nmaking rules is subject to the condition that the rules be made after p revious \r\npublication: \r\n Provided that any such rules may be made wit hout previous publication if the \r\n4\r\n[Provincial Government] considers that they should be brought into force at once. \r\n59. Powers of \r\n5\r\n[Board of Revenue ] to make rules .– The \r\n6\r\n[Board of Re venue] \r\nmay, by notification, make rules– \r\n(a) regulating the manufacture, supply, storage or sale of any \r\n1\r\n[intoxicant], \r\nincluding– \r\n \r\n1\r\nSubstituted for the words “excisable article” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3 and Schedule VI of General \r\nAdaptations. \r\n2\r\nSubstituted for the full stop “.” by the West Punjab Excise (Amendment) Act, 1949 (XX of 1949), vide Notification No. 579-Leg., \r\ndated 14th August, 1949, published in the West Punjab Gazette (Extraordinary), August 14, 1949, pp. 189-190, s. 5.   \r\n3\r\nInserted by the Act ibid.   \r\n4\r\nSubstituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published  in the Gazett e of India (Extraordinary), dated April 1, 1937 , pp. 75-344, s. 4 and Table of General \r\nAdaptations. \r\n5\r\nSubstituted for the words “Financial Commissioner” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of \r\n1957), vide Notification No. Leg.I(3)57, dated 25th July, 1957, published in the Gazette of West Pakistan (Extraordinary), dated \r\nJuly 25, 1957, pp. 709-789, sub-section (2) of s. 3 and Schedule II. \r\n6\r\nIbid. \r\n(i) the character, erection, alteration, repair, inspection, \r\nsupervision, management and control of any place for the \r\nmanufacture, sup ply, storag e or sale of such article and the \r\nfittings, implements , apparatus and register to be maintained \r\ntherein; \r\n(ii) the cultivation of the hemp \r\n2\r\n[* *] plant and the collection of \r\nspontaneous growth of such plant and the preparation of any \r\nintoxicating drug; \r\n(iii) the tapping or drawing of tari from any tari producing tree; \r\n(b) regulating the bottling of liquor for purposes of sale; \r\n(c) regulating the deposit of any \r\n3\r\n[intoxicant] in a warehouse and the \r\nremoval of any \r\n4\r\n[intoxicant] from any warehouse of from any distillery or \r\nbrewery; \r\n5\r\n[(d) prescribing for the purpose  of administering the provisions of this Act, \r\nthe scale of fees or the manner of fixing the fees payable in respect of \r\nany licence, permit or pass, whether such licence, permit or pas s, \r\nalready subsists or is to be issued afresh, or in respect of storing of any \r\nintoxicant;] \r\n(e) regulating the time, place and manner of payment of any duty or fee; \r\n(f) prescribing the authority by, the restrictions under and the  conditions \r\non which any li cense, p ermit or pa ss may be granted, including \r\nprovision for the following matters:– \r\n(i) the prohibition of the admixture with any \r\n6\r\n[intoxicant] of any \r\nsubstance deemed to be noxious or objectionable; \r\n(ii) the regulation or prohibition of the reduction of  liquor by a \r\nlicensed manufacturer or licensed vendor from a higher to a \r\nlower strength; \r\n1\r\n[(iii) the fixing of the strength of any intoxicants to be sold, supplied \r\nor possessed and the fixing of maximum, or minimum prices or \r\nboth for their sale];  \r\n \r\n1\r\nSubstituted for the words “excisable article” by the Government of In dia (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3 and Schedule VI of General \r\nAdaptations. \r\n2\r\nOmitted for the words “or coca” by the Dangerous Drugs Act, 1930 (II of 1930), published in the Punjab Gazette, Part-IV, dated \r\nMarch 21, 1930, pp. 90-109, s. 40 and Schedule II. \r\n3\r\nSubstituted for the words “excisable article” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3 and Schedule VI of General \r\nAdaptations. \r\n4\r\nIbid. \r\n5\r\nSubstituted by the Punjab Excise (Amendment and Validation of Fees) Act, 1975 (XII of 1975) , published in the Punja b \r\nGazette (Extraordinary), dated 11-3-1975, pp. 167-A to 167-B (w.e.f 1st June, 1964), s. 2. \r\n6\r\nSubstituted for the words “excisable article” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3 and Schedule VI of General \r\nAdaptations. \r\n(iv) the prohibition of sale of any \r\n2\r\n[intoxicant] except for cash; \r\n(v) the fixing  of the days and hours during which any licensed \r\npremises may or may not be kept open, and the closure of such \r\npremises on special occasions; \r\n(vi) the specification of the nature of t he premi ses in whic h any  \r\n3\r\n[intoxicant] may be sold, and the notices to be  exposed at such \r\npremises; \r\n (vii) the form of the accounts to be maintained and the returns to be \r\nsubmitted by license holders; and \r\n(viii) the prohibition of regulation of the transfer of licenses; \r\n(g) (i) declaring the process by which spirit shall be denatured; \r\n(ii) for causing spirit to be denatured through the agency or under \r\nthe supervision of its own officers;  \r\n(iii) for ascertaining whether such spirit has been denatured;  \r\n(h) providing for the de struction or other disposal of any \r\n4\r\n[intoxicant] \r\ndeemed to be unfit for use; \r\n(i) regulating the disposal of confiscated articles; \r\n(j) prescribing the amount of security to be deposited by holders of leases, \r\nlicenses, permits or passes for the performance of the conditions of the \r\nsame. \r\n60. Recovery of dues.– \r\n5\r\n[(1) The following monies, namely:–  \r\n(a) all excise revenue; \r\n(b) any loss that may accrue, when in consequence of default a grant has \r\nbeen taken under management by the Collector or h as been resold by \r\nhim under section 39; and \r\n(c) all amounts due to the St ate by any person on account of any contract \r\nrelating to the excise revenue; \r\n may be recovered from the persons primarily liable to pay the same or \r\nfrom his surety, if any, as arrears of land revenue.]  \r\n(2) When a grant has been taken under management by t he Collector or \r\nhas been resold by him under section 39, the Collector may recover, in any manner \r\n \r\n1\r\nSubstituted by the Punjab Excise (Amendment) Act, 1950 (XXVIII of 1950), vide Notification No. 612 -Leg., dated 16th October, \r\n1950, published in the Punjab Gazette (Extraordinary), dated October 16, 1950, s. 2. \r\n2\r\nSubstituted for t he words “excisable article” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3 and Schedule VI of General \r\nAdaptations. \r\n3\r\nIbid. \r\n4\r\nIbid. \r\n5\r\nSubstituted by the Punjab Excise Act (West Pakistan Amendment) Act, 1956 (IX of 1956), Notification No. Leg.I(5)/56, dated \r\n30th June, 1956, published in the Gazette of West Pakistan (Extraordinary), dated June 30, 1956, pp. 547-548, s. 2. \r\nauthorized by sub -section (1) any money due to the defaulter by any lessee or \r\nassignee. \r\n(3) In the event of default by any person licensed or holding a lease under \r\nthis Act all his distillery, brewery, warehouse or shop premises, fittings or apparatus \r\nand all stocks of  \r\n1\r\n[intoxicants] or materials for manufacture of the same held in or \r\nupon any dist illery, bre wery, warehouse or shop premises shall be liable to b e \r\nattached in satisfaction of any claim for excise revenue or in respect of losses \r\nincurred by \r\n2\r\n[the Provincial Government] through such default and to be sold to \r\nsatisfy such claim, which shall be a first charge upon the sale-proceeds. \r\nCHAPTER IX \r\nOffences and Penalties \r\n61. Penalty for unlawful import, export, transport, manufacture, possession, \r\netc.– (1) Whoever, in contravention of any section of this Act or of any rule, \r\nnotification issued or given the reunder or order made, or of any license, permit or \r\npass granted under this Act– \r\n(a) imports, exports, transports, manufactures, collects or possesses  \r\n3\r\n[or \r\nconsumes] any \r\n4\r\n[intoxicant]; or \r\n(b) constructs or works any distillery or brewery; or  \r\n(c) uses, kee ps or has in his possession any material still, utens ils, \r\nimplement or apparatus whatsoever for the purpose of manufacturing \r\nany \r\n5\r\n[intoxicant] other than tari; \r\nshall be punishable for every such offence with imprisonment for a term \r\nwhich may ext end to \r\n6\r\n[two years] or with fine which may extend to \r\n7\r\n[two \r\nthousand] rupees, or with both; \r\n8\r\n[ * * * * * * * * *   ] \r\n(2) penalty for unlawful import, export, transport, manufacture, \r\npossession, sale, etc .– Whoever, in contravention of any section o ther than  \r\nsections 29 and 30 of this Act or of any rule, notification iss ued or given thereunder \r\nor order made, or of any license, permit or pass granted under this Act– \r\n \r\n1\r\nSubstituted for the words “excisable articles” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3 and Schedule VI of General \r\nAdaptations. \r\n2\r\nSubstituted for the word “Government” by the Order ibid., s. 3 and Schedule VI. \r\n3\r\nInserted by the West Punjab Excise (Amendment) Act, 1949 (XX of 1949), vide Notification No . 579-Leg., dated 14th August, \r\n1949, published in the West Punjab Gazette (Extraordinary), August 14, 1949, pp. 189-190, s. 6.   \r\n4\r\nSubstituted for the words “excisable article” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3 and Schedule VI of General \r\nAdaptations. \r\n5\r\nIbid. \r\n6\r\nSubstituted for the words “one year” by the Punjab Excise (Amendment) Act, 1925 (II of 1925), dated 1 st May, 1925, published \r\nin the Punjab Gazette (Extraordinary), dated May 4, 1925, p. 67 and also published in the Punjab Gazette Part -I, dated May 8, \r\n1925, p. 297, subsection (1) of s. 2. \r\n7\r\nSubstituted for the words “one thousand” by the Act ibid. \r\n8\r\nProviso omitted by the Act ibid. \r\n(a) sells any \r\n1\r\n[intoxicant]; or \r\n(b) cultivates the hemps \r\n2\r\n[* *] plant; or \r\n(c) removes any \r\n3\r\n[intoxicant] fr om any distillery, brewery or warehouse \r\nestablished or licensed under this Act; or \r\n(d) bottles any liquor for the purposes of sale; or \r\n(e) taps or draws tari from any tari-producing tree; \r\n shall be punishable with imprisonment for a ter m which may extend to \r\n4\r\n[one year] or with fine which may extend to  \r\n5\r\n[two thousand] rupees, or with \r\nboth: \r\n6\r\n[ * * * * * * * * *   ] \r\n62. Penalty for unlawfully selling to persons under eighteen, or employing \r\nchildren or women .– If any licensed vendor, or any person in his employ or acting \r\non his behalf– \r\n(a) in contravention of section 29 sells or delivers any liquor or intoxicating \r\ndrug to any person apparently under the age of eighteen years; or \r\n(b) in contravention of section 30, employs or permits to be emp loyed, on \r\nany part of  his licensed premises referred to in that section an y child \r\nunder the age of sixteen years or woman; or \r\n(c) sells any \r\n7\r\n[intoxicant] to a person who is drunk or intoxicated; or \r\n(d) permits drunkenness, intoxication, disorderly conduct or gamblin g on \r\nthe licensed premises of such licensed vendor; or \r\n(e) permits any person whom he knows or has reason to believe to have \r\nbeen convicted of any non -bailable offence or any reputed prostitute to \r\nfrequent his licensed premises, whether for the p urposes of  crime or \r\nprostitution or not; \r\n \r\n1\r\nSubstituted for the words “excisable article” by the Gover nment of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3 and Schedule VI of General \r\nAdaptations. \r\n2\r\nOmitted the words “or coca” by the Dangerous D rugs Act, 1930 (II of 1930), published in the Punjab Gazette, Part -IV, dated \r\nMarch 21, 1930, pp. 90-109, s. 40 and Schedule II. \r\n3\r\nSubstituted for the words “excisable article” by the Government of India ( Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3 and Schedule VI of General \r\nAdaptations. \r\n4\r\nSubstituted for the words “six months ” by the Punja b Excise (A mendment) Act, 1925 (II of 1925), dated 1 st May, 1925, \r\npublished in the Punjab Gazette (Extraordinary) , dated May 4, 1925, p. 67 and also published in the Punjab Gazette Part -I, \r\ndated May 8, 1925, p. 297, subsection (2) of s. 2. \r\n5\r\nSubstituted for the words “one thousand” by the Act ibid.  \r\n6\r\nProviso omitted by  the Punjab Excise (Amendment) Act, 1925 (II of 1925), dated 1 st May, 1925, published in the  Punjab \r\nGazette (Extraordinary), dated May 4, 1925, p. 67 and also published in the Pu njab Gazette Part-I, dated May 8, 1925, p. 297, \r\nsubsection (2) of s. 2. \r\n7\r\nSubstituted for the words “excisable article” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3 and Schedule VI of General \r\nAdaptations. \r\n he shall in addition to any other  penalty to which he may be liable be \r\npunishable with a fine which may extend to five hundred rupees. \r\n When any licensed vendor or any person in his employ or acting on his \r\nbehalf is charged wi th permitting drunkenness or intoxication on the licensed \r\npremises of such vendor and it is proved that any person was drunk or \r\nintoxicated on such premises, it shall lie on the person charged to prove that \r\nthe licensed vendor or the person emp loyed by him  or acting on his behalf \r\ntook all reasonable steps for preventin g drunkenness or intoxication on such \r\npremises. \r\n63. Penalty for attempting to render denatured spirit fit for human \r\nconsumption.– Whoever attempts to render fit for human consumpti on any spiri t, \r\nwhether manufactured in \r\n1\r\n[\r\n2\r\n[Pakistan]] or not, which has been  denatured, or has in \r\nhis possession any spirit in respect of which he knows or has reason to believe that \r\nany such attempt has been made, shall be punished with imprisonment for a  term \r\nwhich may extend to three months, or with fine, which may extend to on e thousand \r\nrupees, or with both. \r\n64. Penalty for fraud by licensed manufacturer or vendor or his servant .– If \r\nany licensed manufacturer or licensed vendor or any person in his empl oy or acting \r\non his behalf:–  \r\n(a) sells, or keeps or exposes for sale, as fo reign liquor any liquor which \r\nhe knows or has reason to believe to have been manufactured from \r\nrectified spirit or country liquor; or \r\n(b) marks any bottle, case, package or other r eceptacles containing liquor \r\nso manufactured from rectified spirit or country liquor or the cork of any \r\nsuch bottle, or deals with any bottle, case, package or other receptacle \r\ncontaining such liquor with the intention of causing it to be believed that \r\nsuch bottle, case, package, or other receptacle contains foreign liquor; \r\n he shall be punishable with imprisonment for a term which may extend \r\nto three months, or with fine which may extend to five hundred rupees, or with \r\nboth. \r\n65. Penalty for certain acts by  licensee or his servant.– Whoever, being the \r\nholder of a license, permit or pass granted under this Act, or being in the employ of \r\nsuch holder or acting on his behalf:– \r\n(a) fails willfully to produce such license, permit or pass on the demand of \r\nany excise officer or of any other officer duly empowered to make such \r\ndemand; or \r\n(b) in any case not provided for in section 61 willfully contravenes any rule \r\nmade under section 58 or section 59; or \r\n \r\n1\r\nSubstituted for the words “British India” by the Punjab (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), Notificatio n \r\nNo. 825-Leg., dated 21st January, 1955, published in the Punjab Gazette (Extraordinary), dated January 21, 1955, pp. 87-108, \r\ns. 2 and Part II of the First Schedule. \r\n2\r\nSubstituted by the West Pakistan Laws (Adaptation) Order, 1964 , vide Notification No. Integ.7-13/62, dated 3 rd June, 1964, \r\npublished in the Gazette of West Pakistan (Extraordinary), dated June 3, 1964, pp. 1805-1849, sub-section (1) of s. 2 and Part \r\nII of Schedule. \r\n(c) willfully does or omits to do anything in breach of any of th e conditions \r\nof the license, permit or pass not otherwise provided for in this Act; \r\n shall be punishable in case (a) with fine which may extend to two \r\nhundred rupees, and in case (b) or case (c) with fine which may extend to five \r\nhundred rupees. \r\n66. Penalty for consumpt ion in chem ist’s shop, etc .– (1) If any chemist, \r\ndruggist, apothecary or keeper of a dispensary allows any \r\n1\r\n[intoxicant] which has not \r\nbeen bona fide medicated for medicinal purposes to be consumed on his business \r\npremises by any person not e mployed in his  business, he shall be punishable with \r\nimprisonment for a term w hich may extend to three months, or with fine which may \r\nextend to one thousand rupees, or with both. \r\n (2) If any person not employed as aforesaid consumes any such \r\n2\r\n[intoxicant] on such premis es, he shal l be punishable with a fine which may extend \r\nto two hundred rupees. \r\n67. Manufacture, sale or possession by one person on account of another .– \r\n(1) When any \r\n3\r\n[intoxicant] has been manufactured or sold or is possessed by any \r\nperson on account of any other person and such other person knows or has reason \r\nto beli eve that such manufacture or sale was, or that such possession is, on his \r\naccount, the articles shall for the purposes of this Act be deemed to have been \r\nmanufactured or sold by or to be in the possession of such other person. \r\n (2) Nothing in sub-section (1) shall absolve any person who manufactures, \r\nsells or has possession of an \r\n4\r\n[intoxicant] on account of another person from liability \r\nto any punishment under this Act for the unl awful manufacture, sale or possession of \r\nsuch article. \r\n68. Penalty for offences not otherwise provided for.– Whoever is guilty of any \r\nact or intentional omission in contravention of any of the provisions of this Act, or of \r\nany rule, notification or order m ade, issued or  given thereunder, and not otherwise \r\nprovided for in this Act, shall be punishable for every such act or omission with a fine \r\nwhich may extend to two hundred rupees. \r\n69. Attempt to commit offences punishable under the Act .– Whoever \r\nattempts to commit or ab ets any offence punishable under this Act shall be liable to \r\nthe punishment provided for the offence. \r\n70. Penalty for excise officer making vexatious search, etc .– If an excise \r\nofficer– \r\n \r\n1\r\nSubstituted for the words “excisable article” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3 and Schedule VI of General \r\nAdaptations. \r\n2\r\nIbid. \r\n3\r\nIbid. \r\n4\r\nSubstituted for the words “excisable article” by the Government of India (Adaptation of Indian La ws) Order, 193 7, dated 18 th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3 and Schedule VI of General \r\nAdaptations. \r\n(a) vexatiously and unnecessarily enters or searches or causes to be \r\nentered or s earched, any place under colour of exercising any pow er \r\nconferred by this Act; or \r\n(b) vexatiously and unnecessarily seizes the movable property of any \r\nperson on the pretence of seizing or searching for any article liable to \r\nconfiscation under this Act; or \r\n(c) vexatiously and unnecessarily searches, arrests o r detains any person; \r\nor \r\n(d) without lawful excuse ceases or refuses to perform or withdraws \r\nhimself from the duties of his office unless expressly allowed to do so \r\nin writing by  the Collector  or unless he shall have given to his \r\nimmediate superior officer two months’ notice in writing of his intention \r\nto do so; \r\n he shall be liable to imprisonment for a term which may extend to three \r\nmonths, or with fine which may extend to five hundred rupees, or with both. \r\n71. Report by investigating officer for institutio n of proceedings .– If on an \r\ninvestigation by an excise officer empowered under section 46, sub -section (1), it \r\nappears that there is sufficient evidence to justify the prosecuti on of the accused, the \r\ninvestigating officer, unless he submits the case for th e orders of the Collector under \r\nsection 80, shall submit a report (which shall for the purposes of section 190 of the \r\nCode of Criminal Procedure, 1 898, be deemed to be a police -report) to a ma gistrate \r\nhaving jurisdiction to inquire into or try the case and  empowered to take cognizance \r\nof offences on police-reports. \r\n72. \r\n1\r\n[Bail.– Offences punishable under this Act shall be bailable within the \r\nmeaning of the Code of Criminal Procedure, 1898]. \r\n73. Security fo r appearance in case of arrest without warrant .– (1) The \r\n2\r\n[Provincial Government] may empower any excise officer to grant bail, \r\nnotwithstanding that such officer is not empowered under section 46. \r\n (2) When a person is arrested un der this Act, o therwise than on warrant, \r\nby a person or officer who is not empo wered to grant bail, he shall be produced \r\nbefore or forwarded to– \r\n(a) the nearest excise officer empowered to grant bail, or \r\n(b) the nearest officer in charge of a police station, whoever is nearer. \r\n(3) Whenever any person arrested under this Act, otherwis e than on a \r\nwarrant, is prepared to give bail, and is arrested by, or produced in accordance with \r\nsub-section (2) before an officer empowered to grant bail, he shall be released  upon \r\nbail, or, at the discretion of the officer releasing him, on his own bond. \r\n \r\n1\r\nSubstituted by the Punjab Excise Act (West Pakistan Amendment) Act, 1956 (IX of 1956) , Notification No. Leg.I(5)/56, dated \r\n30th June, 1956, published in the Gazette of West Pakistan (Extraordinary), dated June 30, 1956, pp. 547-548, s. 2. \r\n2\r\nSubstituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) O rder, 1937, dated 18th \r\nMarch, 1937, published in the Gazette of India (Extraor dinary), dated April 1, 1937 , pp. 75-344, s. 4 and Table of General \r\nAdaptations. \r\n(4) The provision of sections 499 to 502, 513, 514 and 515 of the Code of \r\nCriminal Procedure, 1898, shall apply, so far as may be, in every case in which bail \r\nis accepted or a bond taken under this section. \r\n74. \r\n1\r\n[ * * * * * * * * *   ] \r\n75. Cognizance of offences.– (1) No magistrate shall take cognizance of an \r\noffence punishable– \r\n(a) under section 61 or section 66 except on his own knowledge or \r\nsuspicion or on the complaint or report of an excise officer, or \r\n(b) under section 62, section 63, section 64, se ction 65, section 68 or \r\nsection 70, except on the complaint or report of the Collector or an \r\nexcise officer authorized by him in that behalf. \r\n(2) Except with the special sanctio n of the \r\n2\r\n[Provincial Gove rnment], no \r\nmagistrate shall take cognizance of any o ffence punishable under this Act, unless \r\nthe prosecution is instituted within \r\n3\r\n[six months] after the date on which the offence is \r\nalleged to have been committed. \r\n76. Presumption as to commiss ion of offe nce in certain cases .– Whenever \r\nany person is found in possession of– \r\n(a) any still, utensil, implements or apparatus whatsoever or any part or \r\nparts thereof, such as are ordinarily used for the manufacture of any \r\n4\r\n[intoxicant] other than tari, \r\n(b) any mat erials which have undergone any process towards the \r\nmanufacture of an \r\n5\r\n[intoxicant] or from which an \r\n6\r\n[intoxicant] has been \r\nmanufactured, \r\n it shall be presumed, until the contrary is proved, that his possession \r\nwas in contravention of the provisions of this Act. \r\n77. Liability of employer for offence committed  by employee or agent .– The \r\nholder of a license, permit or pass under this Act as well as the actual offender, shall \r\nbe liable to punishment, for any offence punishable under s ection 61, secti on 62, \r\nsection 63, section 64 or section 65, committed by any pe rson in his employ or \r\nacting on his behalf as if he had himself committed the same, unless he shall \r\n \r\n1\r\nOmitted by the Punjab Excise (Amendment) Act, 1925 (II of 1925), dated 1 st May, 1925, published in the Punjab Gazette \r\n(Extraordinary), dated May 4, 1925, p. 67 and also published in the Punjab Gazette Part-I, dated May 8, 1925, p. 297, s. 3. \r\n2\r\nSubstituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 19 37, dated 18th \r\nMarch, 1937, published in the Gazette of India (Extraordinary),  dated April 1, 1937 , pp. 75-344, s. 4 and Table of General \r\nAdaptations. \r\n3\r\nSubstituted for the words “a year” by the Punjab Excise Act (West Pakistan Amendment) Act, 1956 (IX of 1 956), Notification \r\nNo. Leg.I(5)/56, dated 30 th June, 1956, published in the Ga zette of West Pakistan (Extraordinary), dated June 30,  1956, pp. \r\n547-548, s. 2. \r\n4\r\nSubstituted for the words “excisable article” by the Government of India (Adaptation of Indian La ws) Order, 193 7, dated 18 th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3 and Schedule VI of General \r\nAdaptations. \r\n5\r\nIbid. \r\n6\r\nIbid. \r\nestablish that all due and reasonable precautions were exercised by him to p revent \r\nthe commission of such offence: \r\n Provided that no person other than the ac tual offender shall be punished with \r\nimprisonment except in default of payment of fine. \r\n78. Confiscation of article in respect of which offence committed .– (1) \r\nWhenever an offence punishable under this Act has been committed,– \r\n(a) every \r\n1\r\n[intoxicant] \r\n2\r\n[or excise bottle] in respect of which such  offence \r\nhas been committed \r\n3\r\n[together with the contents of such excise bottle , \r\nif any]; \r\n(b) every still, utensil, implement or apparat us and all mater ials in res pect \r\nof or by means of which such offence has been committed; \r\n(c) every \r\n4\r\n[intoxicant] \r\n5\r\n[or excise bottle] lawfully imported,  transported, \r\nmanufactured, had in possession or sold, along with, or in addition to, \r\nany \r\n6\r\n[intoxicant] \r\n7\r\n[or excise bottl e] liable t o confiscation under clause \r\n(a); \r\n(d) every receptacle , package and covering in which any \r\n8\r\n[intoxicant] \r\n9\r\n[or \r\nexcise bottle], materials, still, utensil, implement or apparatus as \r\naforesaid is or are found together with the other co ntents (if any) of \r\nsuch receptacle or package; and \r\n(e) every animal, cart, vesse l, raft or other conveyance used in carrying \r\nsuch receptacle, package covering or articles as aforesaid; \r\n shall be liable to confiscation: \r\n Provided that when it is proved that  the receptacles, animals, or other articles \r\nspecified in clauses (d) and (e) are not the property of offender, they shall not be \r\n \r\n1\r\nIbid. \r\n2\r\nAdded by the Punjab Excise (Amendment) Act, 1940 (I of 1940) , dated 6 th March, 1940, published in the Punjab Gazette \r\n(Extraordinary), dated March 6, 1940, p. 225, clause (a) of s. 4. \r\n3\r\nInserted by the Punjab Excise (Amendment) Act, 1940 (I of 1940) , dated 6 th March, 1940, published in the Punjab Gazette \r\n(Extraordinary), dated March 6, 1940, p. 225, clause (b) of s. 4. \r\n4\r\nSubstituted for the words “ excisable article” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3 and Schedule VI of General \r\nAdaptations. \r\n5\r\nAdded by the Pu njab Excise (Amendment) Act, 1940 (I of 1940) , dated 6 th March, 1940 published in the Punjab Gazette \r\n(Extraordinary), dated March 6, 1940, p. 225, clause (a) of s. 4. \r\n6\r\nSubstituted for the word s “excisable article” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3 and Schedule VI of General \r\nAdaptations. \r\n7\r\nAdded by the  Punjab Excise (Amendment) Act, 1940 (I of 1940) , dated 6 th March, 1940, published in the Punjab Gazette \r\n(Extraordinary), dated March 6, 1940, p. 225, clause (a) of s. 4. \r\n8\r\nSubstituted for the words “excisable article” by the Government of Ind ia (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3 and Schedule VI of General \r\nAdaptations. \r\n9\r\nAdded by the Punjab Excise (Amendment) Act, 1940 (I of 194 0), dated 6 th March, 1940, published in the Punjab Gazette \r\n(Extraordinary), dated March 6, 1940, p. 225, clause (a) of s. 4. \r\nliable to confiscation if the owner thereof establishes that he had no reason to \r\nbelieve that such offence was being or was likely to be committed. \r\n(2) When confiscation may be ordered .– When in the trial of any offence \r\npunishable under this Act, the magistrate decides that anything is liable to \r\nconfiscation under sub-section (1), he may order confiscation: \r\n Provided that in lieu  of ordering confis cation he m ay give the owner of the \r\nthing liable to be confiscated an option to pay such fine as the magistrate thinks fit. \r\n79. Further provisions for confiscation .– When there is reason to believe that \r\nan offence under this Act has been  committed, but the  offender i s not known or \r\ncannot be found and when anything or a nimal liable to confiscation under this Act \r\nand not in the possession of any person cannot be satisfactorily accounted for, the \r\ncase shall be inquired into and determined by  the Collector, who  may order \r\nconfiscation: \r\n Provided that no such order shall be ma de until the expiration of one month \r\nfrom the date of seizing the thing or animal in question or without hearing the person (if \r\nany) claiming any right thereto, and the evidence (if any) which he produces in support \r\nof the claim: \r\n Provided, further, that if  the thing in question is liable to speedy and natural \r\ndecay, or if the Collector is of opinion that the sale of the thing or animal in question \r\nwould be for the benefit of its owner, the Collector may at any time direct it to be sold; \r\nand the provisions of this section shall, so far as may be, apply to the net proceeds of \r\nsuch sale. \r\n80. Power of excise officers to compound offences .– (1) The Collector may \r\naccept from any person who is reasonably suspected of having committed an offence \r\npunishable under section 62, section 65 or section 68 of this Act a sum of money by \r\nway of composition for such offence; and on the payment of such sum of money to the \r\nCollector, the accused person if in custody shall be di scharged and no further \r\nproceedings shall be taken against him in respect of such offence. \r\n(2) The cancellation or suspension of any license, permit or pass under \r\nsection 36 (a), (b) or (c) of this Act may be foregone or rev oked by and at the so le \r\ndiscretion of the authority having power to cancel or suspend  it on payment by the \r\nholder of such license, permit or pass of such penalty as such authority may fix. \r\n(3) Where any \r\n1\r\n[intoxicant] has been seized under the provisions of  this \r\nAct, the Collector may, in his discretion, at any time before a magistrate has passed \r\nan order under section 78, sub -section (2), release it on receiving payment of the \r\nvalue thereof. \r\n \r\n1\r\nSubstituted for the words “excisable article” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3 and Schedule VI of General \r\nAdaptations. \r\nSCHEDULE \r\n(See section 2) \r\nENACTMENTS REPEALED \r\nYear Number Short title Extent of repeal \r\nACTS OF THE GOVERNOR-GENERAL IN COUNCIL \r\n1863 XVI The Excise (Spirits) Act, 1863 The whole. \r\n1894 VIII The Indian Tariff Act, 1894 Section 6. \r\n1896 XII The Excise Act, 1896 The whole. \r\n1906 VII The Excise (Amendment) Act, 1906 The whole.",
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