The Rajasthan Excise Act, 1950 : short notes categorized based on time, principles, exceptions, scenarios, procedures, and concepts etc.

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The Rajasthan Excise Act, 1950, governs the regulation, manufacture, possession, sale, transport, and duties related to liquor and intoxicating substances in Rajasthan. It establishes licensing requirements, penalties for violations, procedures for enforcement, and the role of excise authorities in monitoring excise-related activities. The Act aims to control alcohol production and consumption while generating revenue for the state.

Here are section-wise short notes categorized based on time, principles, exceptions, scenarios, procedures, and concepts for The Rajasthan Excise Act, 1950:

1. Time-Based Provisions

  • Commencement (Sec. 1): The Act came into force on July 1, 1950, as per a notification.
  • License Duration (Sec. 31(e)): Licenses, permits, and passes are granted for specified periods.
  • Time for Appeals (Sec. 9-A(2)): Appeals must be filed within 60 days from the date of the order.
  • Time for Revisions (Sec. 9-A(5)): Revisions must be filed within 30 days from the order.
  • Interest on Dues (Sec. 30-A): Interest accrues from the day after the payment due date at a rate prescribed by the State Government.

2. Principles and Doctrines

  • Control and Supervision (Sec. 8): The Excise Commissioner administers excise-related activities under government direction.
  • Exclusive Privilege (Sec. 24): The State grants exclusive rights for manufacturing or selling liquor in specific areas.
  • Presumption of Possession (Sec. 6): Possession of an excisable article by wife, clerk, or servant is deemed possession by the owner.
  • Doctrine of Strict Liability (Sec. 54-A): The owner of a vehicle used in an excise offense is automatically held guilty unless they prove due diligence.

3. Exceptions and Exemptions

  • Transport Exemption (Sec. 14, Proviso): No pass is needed for the transport of excisable articles across state borders if a valid export pass exists.
  • Possession Exemption (Sec. 19(2)): Common carriers and warehouses can possess foreign liquor without special permission.
  • Women & Minors Protection (Sec. 23): Women cannot be employed in liquor-selling premises without prior approval. Minors under 18 years cannot be sold liquor.

4. Scenario-Based Rules

  • Unlawful Manufacturing (Sec. 16): A person setting up an unlicensed distillery is liable for punishment.
  • Illegal Possession (Sec. 19): If a non-licensee possesses liquor beyond the prescribed limit, they face penalties.
  • Public Order (Sec. 53): Shops must be closed during riots or unlawful assemblies by order of a Magistrate or Police Officer.
  • Noxious Adulteration (Sec. 54B): If liquor causes death or disability, the seller faces life imprisonment or heavy fines.

5. Procedural Aspects

  • Licensing (Sec. 31-37):
    • Granted on payment of fees and security deposits.
    • Can be canceled for non-compliance or non-payment of duty.
  • Search & Seizure (Sec. 47-48):
    • Excise officers can search places without a warrant if evidence might be destroyed.
    • Must report within 24 hours to their superior.
  • Confiscation & Penalties (Sec. 54-56):
    • Vehicles used in offenses can be confiscated.
    • Penalties range from fines to imprisonment for offenses like smuggling and illegal manufacturing.

6. Conceptual Definitions

  • Liquor (Sec. 15): Includes spirit, wine, beer, heritage liquor, and any substance declared as liquor.
  • Excise Revenue (Sec. 8): Includes excise duty, fees, fines, and confiscations related to liquor and intoxicating drugs.
  • Manufacturing (Sec. 17): Covers distillation, rectification, blending, bottling, and fermentation processes.
  • Denatured Spirit (Sec. 3(3)): Spirit mixed with chemicals to make it unfit for human consumption.

These categorized notes provide a structured understanding of The Rajasthan Excise Act, 1950


Read and Refer the Bare Act:

https://www.indiacode.nic.in/bitstream/123456789/18722/1/the_rajasthan_excise_act_1950_new.pdf 

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