(1) Whenever the authority stated in section 30 considers that a licence should be cancelled otherwise than under the provisions of that section, he shall remit a sum equal to the amount of the fees payable in respect thereof for fifteen days and may cancel the licence either -
(a) on the expiration of fifteen days 'notice in writing of his intention to do so, or
(b) forthwith without notice,
(2) If any licence be cancelled under clause (b) of sub-section (1) the aforesaid authority shall, in addition to remitting such sum as aforesaid, pay to the licensee such further sum by way of compensation as the State Government may direct.
(3) When a licence is cancelled under this section any fee paid in advance or deposit made by the licensee in respect thereof shall be refunded to him, less the amount, if any, due to Government.
32. Any holder of a licence granted under the Act to sell an intoxicant may surrender his licence on the expiration of one month's notice in writing given by him to the Collector of his intention to surrender the same on payment of the fee payable 806 THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 11, 2000 No right to renew al.
M easures, weights and in stru m en ts.
Departm ental m anagem ent and resale.
Recovery of dues.
for the licence for the whole period for which it woulci’have been current but for such surrender;
Provided that, if the State Government is satisfied that there is sufficient reason for surrendering a licence, it may remit to the holder thereof the sum payable on surrender and any fee paid in advance or any portion of such sum or fee:
Provided also that nothing in this section shall apply in the case of a licence held by the grantee of an exclusive privilege under section 18.
Explanation In this section and in section 35, the words 'holder of licence' include a person whose bid, tender or application for licence has been accepted by the Excise Officer empowered to grant such licence, although such person may not in fact have received the licence.
33. No person to whom a licence has been granted under this Act shall have claim to the renewal of such licence, or save as provided in section 31, any claim to compensation on the determination thereof.
CHAPTER - VII General Provisions
34. Every person who manufactures or sells any intoxicant under a licence granted under this Act -
(a) shall supply himself with such measures, weights and instruments as the State Government may prescribe, and shall keep the same in good condition, and
(b) on the requisition of any Excise Officer duly empowered in this behalf, shall at any time measure, weight or test any intoxicant in his possession as such officer may require.
35. If any person to whom an exclusive privilege has been granted under section 18 or any holder of a licence granted <> under this Act makes default in payment of any sum payable in respect of such privilege or licence or in complying with any other conditions thereof, the Collector may take such privilege or the grant expressed in such licence under management or may resell such privilege or grant at risk and loss of the defaulter.
36. All excise revenue, including any loss that accrue when, in consequence of default,a privilege or grant has been taken under management or resold by the Collector under section THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 11, 2000 807 Inspection of places of manufacture and sale.
Arrest, seizure and search without warrant.
35, and the amounts due to the State Government by any person on account of any contract relating to excise revenue, may be recovered from the person primarily liable to pay the same or from his surety, if any, by distress and sale of his movable property, or as arrears of land revenue or in the manner provided for the recovery of public demands by any law for the time being in force.
CHAPTER - VIII Prevention, detection and investigation of offences
37. The Excise Commissioner or a Collector or an Excise Officer of the rank of Additional Commissioner, Joint Commissioner, Deputy Commissioner, Superintendent, Deputy Superintendent and Inspector may enter and inspect at any time by day or night any place in which any licenced manufacturer carries on the manufacture of or store any intoxicant and any place in which any intoxicant kept for sale by licensed person and may examine accounts and registers, and may examine, test, measure or weight any measures, weights, testing instruments, materials, stills, utensils, implements, apparatus or intoxicant found in such place.
38. Subject to such restrictions the State Government may prescribe, any of the following persons, namely
(1) any officer employed in Excise, Police, not below such rank as the State Government may prescribe ;
(2) within such areas as the State Government may by notification, direct such officers;
(3) any other persons duly empowered, and
(4) in any public place, any Excise or Police Officer may-
(a) arrest without warrent any person found committing an offence punishable under section 53 or section 54.
(b) seize, detain and carry away any excisable or other article which he has reason to believe to be liable to confiscation under this Act or any other law for the time being in force relating to the excise revenue or any documents or other article which he has reason to believe may furnish evidence of the commission of an offence punishable under this Act or 808 THE ASSAM GAZETTE, EXTRAORDINARY. OCTOBER 11, 2000 Issue of warrants.
Search and arrest in presence of Collector and M agistrate.
Search seizure and arrest follow ing upon entry without warrant, in emergent cases.
under the Assam Opium Prohibition Assam Act,"' 23 Act I 9 4 7 , Assam Ganja and Bhang 21 of Prohibition Act, 1959 and Narcotic 1959, Drugs and Psychotropic Substances Central Act 61 Act, 1985 and of 1985-
(c) detain and search any person upon whom and any vessel, raft, vehicle, animal, package, receptacle cause to suspect any such article to be.
39. A Collector or Magistrate having reason to believe that an offence punishable under section 53, 54, 55, 56, 57 or 61 has been or is likely to be committed may -
(a) issue warrant for the search of any place in which he has reason to believe that any intoxicant, still, utensil, implement, apparatus or materials in respect of which such offence has been or is likely to be committed, are kept or concealed; and
(b) issue warrant for the arrest of any person whom he has reason to believe to have been or to be likely to be engaged in the commission of any such offence.