(1) If a chemist, druggist, apothecary or keeper of a dispensary, allows any liquor which has not been bonajdely medicated for medicinal purposes to be consumed on his business premises by any person, he shall be punished with fine which may extend to five thousand rupees.
Penally for possession of liquor u~~lawfully imported or non-duty paid, ctc.
Penalty for consumption in chemist's shop.
(2) If a person consumes any sich liquor on such premises, he shall be punished with fine which may extend to two thousand rupees.
43. Whoever, in contravention of any provision of this Regulation or of any rule, Penalty for notification or order made thereunder,- consumption of liquor in
(a) consumes liquor in public places; or public places.
(b) consumes liquor in public places and creates nuisance; or 8
(c) permits drunkenness or allowing assembly of unsocial elements on the premises of liquor establishments, shall be punished-
(i) in the case of an offence falling under clause (a), with fine which may extend to five thousand rupees;
( i i ) in case of an offence falling under clause (b), with imprisonment for a term which may extend to three months and shall also be liable to fine which Inay extend to ten thousands rupees;
(iii) kl Llic: case of na offence falling under clause (c), wit11 iinprisonmcnt for u term which may extend to six months and shall also be liable to fine which may extend to fifty thousands rupees.
44. Whoever, prints, publishes or gives an advertisement in any media soliciting use Penalty for of any liquor, shall be punished with imprisonment for a term which may extend to six unlawfui months or with fine which may extend to ten lakh rupees, or with both: advertisement.
i i Provided that this section shall not apply to catalogue or price list or advertisement j generally or specially approved by the excise officer for the purpose of display at the poults 5 1 of sale for consumer information and education.
i i 45. Any person who unlawhlly releases or abets escape of any person arrested Penalty for I under this Regulation or abets commission of any offence a g a h t this Regulation, or engages abetment and conspiracy. himself in a criminal conspiracy for contravening the provisions of this Regulation shall be i Punished with imprisonment for a term which may extend to one year and shall also be liable I 1 . .
t o fine which may extend to fifty thousand rupees.
46. If any licence holder or any person acting in his behalf, sells or delivers any liquor Penalty for I to any person apparently under the age of twenty-one years or employs any person under employing 1 minors or 2 the age of twenty-one years, he shall be punished with imprisonment for a term which may bquor I extend to three months or with f i e which may extend to fifty thousand rupees, or with both. to . . 47. Notwithstanding anything contained in the Indian Penal Code, any person who Penalty for assaults or threatens to assault or obstructs or attempts to obstruct any Excise Officer -in assault 'and I the discharge bf his official duties shall be punished with imprisonment for a terni which obstruction.
- a ~!ay~~~dt~~t?,~a..y~ar~.~md~~aI_~~~b_e~i~b1~~t~f~awhich,~~~extendtoo~~,a~r~E~~ A --.e.ha.-mm= _~.A._,a--- ~"-. i: ' Liability of employer for offence committed by the employee or agent.
Penalty for manufacture, sale or possession by one person on account of another.
Penalty for misconduct of licensee, etc.
Penalty for non-payment of excise duty or fee.
Penalty for false Statement made In declarat~on nr affidav~t or periodic returns.
Penalty for allowing premises, etc., to be used for commission of an offence.
16 THE GAZETTE OF INDIA EXTRAOR IINARY [PART II- --
48. The holder of a licence or permit granted or issued tinder this Regulation, as well as the actual offender, shall be liable for any offence cornrnitteci by his employee or his agent unless he proves that due and reasonable precautions were :xercised by him to prevent commission of such offence.
49. (I) Where any liquor has been manufactured or told or is possessed by any person on account of any other pcrson and such other: person knows or has reason to believe that such manufacture or sale was or that such possession is, on his account such liquor shall, for the purposes of this Regulation, be deemed o have been manufactured, sold or to be in the possession of such other person.
(2) Nothirig in sub-section (I) shall absolve any person who manufactures, sells or has possession of any liquor on account of another person fron liability to any punishmeat under this Regulation for unlawful manufacture, sale or posseqsion of such liquor.
50. Whoever, being the holdel oC a licence or permit granted or issued under this Regulation or being the employer of such holder and acting or: his behalf,-
(a) fails to produce such licence or permit on demand by any Excise Officer or any other officer duly empowered to make such demand; or
(b) wilhlly does or omits to do anything in breach af any of the conditions of his licence or permit otherwise than provided in this Regulation; or
(c) fails to submit retunis; or (4 fails to print maximum retail price on the label or tampers with it, shall be punished,-
(i) in the case of an offence falling under claus; (a), with fine which may extend to fifty thousand rupees;
(ii) in the case of an offence falling under clauses (b) and (4, with imprisonment for a term which may extend to six mofiths and shall also be liable to fine which may extend to one lakh rupees;
(iii) in the case of an offence falling under clauss (c), with fine which may extend to one lakh rupees, and tcn thousand rupee; per day for s~bsequent delay.
51. (I) If any persot1 hils to pay any duty or fee under this Regulation, he shall be punished with imprisomnent f ~ r a term which may extend to one year and shall also be liable to fine which may extend to one lakh rupees.
(2) Without prejudice-to sub-section (I), that person shall also be liable for interest on delayed payment and damages at such rates as may be imposed.
52. Whosoever, in any declaration or affidavit or periodic return made to an Excise Officer makes any statement which is false or found to be false ?ker due verification or which he believes to be false or does not believe it to be true, touching any point material to the object for which the statement is ilia& or used shall be punisht. 3 with imprisonment for a term which may extend to one year and shall also be liable to fine \ ~hich may extend to fifty thousand rupees
53. Whoever, being a licensee under this Regulation and ha7 a g the control or use of any house, room, enclosure, space, animal or conveyance, knowin:ly permits it to be used foc commission by any other person of an offence punishable utx17r a,ny provision of this Regulation, shall be punished in the sarne manner as if he had hirr self committed the said - - - - - _ , - _U ___ --A- ----='-"'--- -- ---- -- ---= offence, SEC. 11 THE GAZETTE OF TNDIA EXTRAORDlNARY 17
51. Whcever, attempts to commit any offence punishable under this Regulation, he shall be liable for hglf of the punishment provided for the offence under the Regulation.
55. Any Excise Officer or other person who vexatiously and without reasonable gound for suspic.ion,-
(a) enters or searches or causes to be entered or searched any closed place under colour of exercising any power conferred by this Regulation; or
(b) seizes the movable property of any person on the pretext of seizing or searching for any article liable to confiscation under this Regulation; or (cj searches, detains or arrests any person; or (4 in any other way exceeds his lawful powers under this Regulation, shall be punished with fine which may extend to ten thousand rupees.
56. Any Excise Officer who, without lawful excuse refuses to perform or withdraw himself from the duties of his office, unless expressly allowed to do so in writing by the Excise Commissioner, or unless he has given to his superior officer two months notice in writing of his intention to do so, or who shall be guilty of cowardice, shall be punished with imprisonment for a term which may exqend to three months, or with fme which may extend to ten thousand rupees, or with both.
57. Whoever, does any act in contravention of any ofthe provisions of this Regulation, or any rule or order made thereunder and punishment for which has not been otherwise provided for such contravention, shall be punished with imprisonment for a term which may extend to six months and shall also be liable to fine which may extend to ten thousand rupees or five times the value of liquor, whichever is higher.
Penally for attempt to commit an offence under t h ~ s Regulation.
Penalty on Excise Officer making vexatious search, seizure, detention or arrest.
Penalty on Excise Officer refusing to do duty.
Penalty for offences not otherwise provided for.