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Section 4

The Dadra and Nagar Haveli Excise Regulation, 2012Regulations · 2012

(1 ) TheAdrninistrator may, by order, delegate his powers to the Excise Commissioner Delegation subject to such limitations and conditions as may be specified in the order of delegation. and withdrawal of

(2) he ~ x c i s e Commissioner and Deputy Commissioner may, by order, delegate their powers.

powers under this Regulation to any subordinate officer, subject to such limitations and conditions as may be specified in the order of delegation.

(3) The Administrator or the Excise Commissioner or the Deputy Commissioner, as the case may be, may by an order, also wthdraw eon1 any oeicer or person any or all the powers so delcgatcd.

9. The A&ninistrator may, by notification, invest the power with any officer of the Investing Union territory not being an Excise Officer, to perform all or any of the powers or functions with of any Excise Officer under this Regulation. powers.

10. The Excise Commissioner may grant such reward to such officers and employees Reward for under this Regulation and also to such informers for such work, subject to such terms and conditions as may be prescribed. performance.

11. ( I ) The Administrator may constitute the Board of Experts consisting of such Board of number of members, with such qualifications and for such period as may be prescribed, for Experts.

the purposes of advising the Administrator on the technical or legal issues relating to advertisement of liquor, use of denaturants and such other legal or technical aspects as may be considered necessary.

(2) Without prejudice to sub-section ( I ) , the general functions of the Board of Experts shall be to determine as to whether- !

j (a) any flavouring extract, essence or syrup containing alcohol is an article fit for use as intoxicating liquor; or

(b) any communicatio~l amounts to an advertisement for soliciting use of liquor or whether it is informative or educdtive communication for responsible drinking; or 1 ( c ) any denaturant can be used as effective denaturant and whether it suits or harms manufacture of any chenicals; or

(6) any other matter as may be referred t o by the Administrdtor.

8 THE GAZETTE OF INDIA EXTRAORDINARY ART II-

CHAPTER 111 LICENCE AND PERMIT FOR MANUFACTURE, POSSESSION, SALE, ETC., OF INTOXlCAhTTS Prohibition 12. ( 1 ) No person shall construct or establish any manufactory or warehouse or o f manufacture, bottle, import, export, transport, transit, collect, possess, sell, or purchase any manufacture, import, liquor or use, keep or have in his possession any still, utensil, implement, apparatus, label, export, sale, cork, capsule or seal for manufacture of any liquor and other intoxicants except under the etc., of authority and in accordance with the terms and conditions of a licence or letter of intent or intoxicants. permit granted under this Regulation and rules framed thereunder:

Provided that.possession of labels, corks or capsules by its printer or man~ifncturcr, as the case may be, will not amount to illegal possession constituting an offence if the label, cork or capsule is printed or manufactured under the authority firom the holder of licence to manufacture liquor and other intoxicants under this Regulation.

(2) No person shall engage in manufacture of alcohol exclusively for industrial use unless he is registered with the Excise Commissioner in such manner as may be prescribed.

Grant of letter 13. Every letter of intent, licence or permit under this Regulation shall be granted on of intent, payment of such fees for such period and subject to such terms and conditions and in such licence or permit. form and shall contain such particulars as may be prescribed.

Qualification 14. ( 1 ) While considering an application for grant of a licence or permit, the authorised for grant officer shall ensure that the applicant - licence.

(a) is a citizen of India;

(b) is above twenty-one years of age;

(c) is not a defaulter or blacklisted or debarred from holding an excise licence;

(4 submits an affidavit as proof for the following, namely:- ( i ) that he possesses or has an arrangement for taking on rent a suitable premises for conducting the business and the said premises is located more than fifty metres away from any medical institution, educational institution, religious institution, women hostel, orphanage, hospital, primary health centre or community health centre;

( i i ) that the premises have not been constructed in violation of any law or rules;

( i i i ) that he possesses good moral character and has no criminal background nor has been convicted of any offence punishable under this Regulation or any other law for the time being in force;

(iv) that he shall not employ any salesman or worker or representative who has criminal background or suffers from any infectious or contagious diseases or is below twenty-one years of age;

( v ) that he does not owe any public dues or dues to the Administrator;

( v i ) that he is solvent and has the necessary funds or has made arrangements for the necessary funds for conducting the business:

Providcd that the details o f such funds shall be made available to the authorised officer, if so required.

(2) The licence or permit shall be liable for cancellation if any statement made in the affidavit or any document produced with the application is found to be false or forged.

Power to 15. Subject to such conditions as may be prescribed, the authority granting a licence I take security under this Regulation nlay require the licensee tcr-- and SEC. 11 THE GAZETTE OF INDIA EXTRAORDINARY 9

(b) execute a counterpart agreement in conformity with the tenor of his licence.

Where this provision sits

ActThe Dadra and Nagar Haveli Excise Regulation, 2012
Section4
StatusIn force as published by the source

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