Section 2 : Consolidated Rules Made Under Section 85

SECTION 2 : CONSOLIDATED RULES MADE UNDER SECTION 85.

1No. 595 S.R. - 30th March, 1915 - In exercise of the power conferred by section 85 of the Bengal Excise Act, 1909 (Bengal Act V of 1909), as amended by the Bengal Excise (Amendment) Act, 1914 (Bengal Act VII of 1914), and in supersession of all previous notifications issued by the Government of Bengal under the said section 85 of Bengal Act V of 1909 and by the late Government of Eastern Bengal and Assam under section 36 of the Eastern Bengal and Assam Excise Act, 1910 (Eastern Bengal and Assam Act I of 1910), the Governor in Council is pleased to make the following rules for the Province of Bengal :-

II. These rules shall come into force with effect from the 1st April, 1915. RULES Appointment, Transfer and Punishment

21. The Excise Commissioner is empowered to promote and Excise transfer, and to suspend, reduce, dismiss or otherwise punish, Commissioner's power to promote, officers of the Excise Department below the rank of Inspector of transfer and Excise punish certain Excise Officers. Appeals 32. An Appeal shall lie to the Collector from any order of an Officer Appeal to exercising any power or performing any duty under the Act in Collector. subordination to the Collector : Provided that where an Additional District Magistrate appointed under clause (b) of sub-section (2) of section 7 of the Act exercises all or any of the powers and performs all or any of the duties conferred and imposed on a Collector by or under the Act concurrently with the Collector, such appeal shall unless otherwise directed by the Collector lie to such Additional District Magistrate. 3. An appeal shall lie to the Excise Commissioner from an original or appellate order made by :- (a) the Collector, or (b) the Additional District Magistrate appointed under clause Appeal to Excise (b) of sub-section (2) of section 7 of the Act to exercise Commissioner all or any of the powers and to perform all or any of the duties conferred and imposed on a Collector by or under the Act concurrently with the Collector. 44. An appeal shall lie to the Board of Revenue from any order Appeal to the (except orders referred to in section 35 of the Act) made, whether Board of Revenue. an appeal or otherwise, by the Excise Commissioner :-

1 Published on pages 549 to 562, Part I of the Calcutta Gazette of the 31st March, 1915. Weights and Measures in the Notification were converted to metric units by Notification No. 356-Ex., dated 22 nd March, 1962. 2 Substituted by Notification No. 1800-Ex., dated 20th December 1969. 3 Vide Notification No. 1958F.T., dated the 31st August, 1950. 4 Substituted by Notification No. 1130F.T., dated the 29th April, 1952, with effect from the 26th January, 1950. Provided that, when an order made by a Collector, whether on appeal or otherwise, upheld by the Excise Commissioner, no further appeal shall lie. 5. Every memorandum of appeal must be presented within one Limitation month from the date of the order appealed against. 6. (1) Every memorandum of appeal shall be accompanied by Procedures the order appealed against, in original, or by an authenticated copy of such order, unless the omission to produce such order or copy is explained to the satisfaction of the appellate authority. 5(2) In the case of appeals to the Board of Revenue, as provided by Rule appellant to the Secretary to the Board of Revenue who shall - (i) proceed to take the orders of the Board of Revenue thereupon, and (ii) communicate such orders to the appellant as soon as conveniently may be after they have been passed. Import, Export and Transport 7. The import, export and transport, respectively, of the intoxicants Rules applicable to hereinafter specified shall be subject to the following rules, in import, export and addition to the restrictions imposed by section 9, 10 and 12 and any transport. prohibition made under section 11 and [any rules made under section 38 and 86 of the Act].6 Foreign Liquor Import of foreign liquor under bond for payment of duty or fee 78. Foreign liquor may be imported under a bond for the payment of Conditions under duty imposed under section 27 and/or fee imposed under section which import may 38 of the Act, as the case may be, only by a person who holds – be made. (a) a license for the sale of foreign liquor, and 16.a license granted under section 16 of the Act, after such person has, - (i) executed a bond (which may be either general or special) in prescribed form before the Collector of the district of import for the payment of the said duty and/or fee, and (ii) obeyed all rules in force in the district or place from which liquor is to be imported.

89. Foreign liquor shall not be imported under a bond as aforesaid, unless – (a) the consignment is accompanied by a pass granted by

5 Substituted by Notification No. 1130F.T., dated the 29th April, 1952, with effect from 26th January, 1950. 6 Substituted by Notification No. 2684S.R., dated the 30th November, 1917, published on pages 1844-1845, Part I of the Calcutta Gazette of the 5th December, 1917. 7 Substituted by Notification No. 423-Ex., dated 8th April, 1969. 8 Amended by Notification No. 2684S.R., dated the 30th November, 1917, published on pages 1844-1845, Part I of the Calcutta Gazette of the 5th December, 1917. the chief revenue authority of the exporting district or place, or by the officer-in-charge of the distillery or warehouse from which it was taken, and containing the following particulars regarding each vessel in the consignment, namely, the distinctive number, the capacity and the contents of the vessel in bulk gallons to the nearest tenth of a gallon, the temperature, hydrometer indication, true strength and obscuration of the spirits contained in the vessel when despatched, together with the date of despatch, and in the case of a metal vessel, the gross weight when despatched and the weight of the empty vessel; and (b) the Collector of the importing district has received a copy of the said pass from the chief revenue authority of the exporting district or place or from the officer-in- charge of the said distillery or warehouse.

10. (1) Whenever any foreign liquor is imported under a bond as Procedure to be aforesaid, it must, on arrival in West Bengal, be taken direct to the followed on receipt at place of distillery or excise warehouse specified in this behalf in the pass destination. referred to in Rule 9, and fixed by the Excise Commissioner for the storage of such liquor. (2) On the arrival at a distillery or excise warehouse in West Bengal of any such liquor, it shall be gauged and proved by the officer-in-charge of the distillery or warehouse, and shall be taken into store and entered in his accounts. (3) As soon as may be after such arrival, the officer-in- charge of the distillery or warehouse shall certify on the importer's copy of the pass full details regarding the liquor received, in such form as may be prescribed in the pass or required by the authorities of the exporting district or place. Export of foreign liquor under bond for payment of duty or fee 911. (1) Foreign liquor may be exported under a bond for the payment of duty imposed under section 27 and/or fee imposed under section 38 of the Act, as the case may be, only from a distillery or warehouse, after - (i) the person who wants so to export foreign liquor has executed a bond (which may be either general or special in the prescribed forms) before the Collectors of the district where the distillery or warehouse is situated; and (ii) the Collector has furnished to the Excise Office- in-Charge of the distillery or warehouse an authenticated copy of the bond. (2) The Excise Officer-in-Charge of the distillery or warehouse shall, after the particulars of the bond have been entered in the prescribed bond register, issue foreign liquor up to such quantity as is covered at any time by the bond.

9 Substituted by Notification No. 423-Ex., dated 8th April, 1969. 12. No liquor shall be so issued until it has been gauged and Liquor to be proved by the Officer-in-charge of the distillery or warehouse. gauged and proved before issue. 16. (1) A pass in triplicate shall be prepared by the officer-in- Passes. charge of the distillery or excise warehouse when any liquor is issued under sub-rule (4) of Rule 11. (2) One copy of the pass shall be delivered to the exporter, accompany the consignment, the second shall be forwarded to the Collector of the district to which the liquor is to be taken, and the third shall be retained for record. 16. (1) Each cask or other vessel containing liquor issued from a Vessel to be distillery or excise warehouse under sub-rule (4) of Rule 11 marked and shall bear marks showing clearly the name of such distillery sealed. or warehouse, and the number of the cask or other vessel, and the nature, quantity and strength of its contents. (2) Each such cask or other vessel shall be scaled by the officer-in-charge, and a distinct impression of the seal shall be affixed on the pass forwarded to the Collector of the importing district under clause (2) of Rule 13. 15. Accounts of all exports shall be kept, in the prescribed form, by Accounts of the officer-in-charge of the distillery or warehouse. exports. 16. (Obsolete – not printed) Transport of foreign liquor under bond for payment of duty or fee 1017. Foreign liquor may be transported under a bond for the Conditions under payment of duty imported under section 27 and / or fee imposed which transport under section 38 of the Act, as the case may be, only to a distillery may be made. or warehouse and when foreign liquor is so transported, rules 11 to 15 shall apply mutatis mutandis. Import, export and transport of spirit including rectified spirit but not including country spirit and spirit classed as foreign liquor under bond for payment of duty or fee 1117A. Rules 8 to 17 shall apply mutatis mutandis when spirit Import, Export and including rectified spirit but not including country spirit and spirit Transport of spirit. classed as foreign liquor, on which duty imposed under section 27 and / or fee imposed under section 38 of the Act, as the case may be, has not been paid in full is imported, exported or transported.

COUNTRY SPIRIT Import of Country Spirit

10 Substituted by Notification No. 423-Ex., dated 8th April, 1969. 11 Inserted by Notification No. 423-Ex., dated 8th April, 1969. 18. (1) Country spirit may be imported only with the permission of the Excise Commissioner, and under a bond for the payment of excise duty and by - (a) a person to whom an exclusive privilege for the supply or sale of such spirit has been granted under section 22, or (b) a licensed wholesale dealer in country spirit. (2) Rules 8 to 10 shall apply to such imports. Export of Country Spirit 19. (1) Country spirit may be exported only under a bond for the payment of excise duty and with the permission of the Excise Commissioner, which will not be given unless the authorities of the place of import allow the importation of such spirit therein.

(2) Rules 11 to 13 shall apply, mutatis mutandis, to such exports. Transport of Country Spirit 20. Rules 11 to 15 shall apply, mutatis mutandis, to the transport of country spirit between distilleries and excise warehouses.

Ganja Export of Ganja to other States 1221. (1) Ganja shall not be exported to another State unless :- Conditions of (a) it is exported direct from the public warehouse by a export of Ganja to person (hereinafter called the importer) to whom a other States. pass has been granted by the Collector or officer-in- charge of Excise of the importing district, or by the authorized agent of such person; (b) the officer issuing the said pass has forwarded two copies thereof to the Superintendent of Excise of the exporting district; (c) the importer or his authorized agent has obtained from the Superintendent of Excise of the exporting district as prescribed by Rule 22, a license to purchase ganja; and (d) a bond has been executed as prescribed by Rule 26 for payment of duty in the State to which the ganja is

12 The word "Naogaon" and other words and expressions appertaining to cultivation of Ganja at Naogaon in the district of Rajshahi now in Bangladesh have been omitted in this rule and the following rules, viz., Rules 22, 26, 27, 38, 39, 41, 44, 45 and 47 by Notification No. 1007F.T., dated the 9th May, 1951. to be exported. (2) Not withstanding anything contained in sub-rule (1), the Excise Commissioner may by an order in writing direct any special procedure to be observed in any case of export. 22. The importer or his authorized agent shall deliver to the Importer to deliver Superintendent of Excise of the exporting district the original pass original pass to Superintendent of granted to him by the Collector or officer-in-charge of Excise of the Excise. importing district. The said Superintendent of Excise shall, thereupon, fill up and sign the license on the back of the pass and of the two copies thereof received by post, authorizing the importer of his authorized agent to purchase ganja, and shall return the original pass to the importer for presentation to the officer-in-charge of Public Warehouse, to whom he shall also forward the duplicate and triplicate copies of the pass:

Provided that the Superintendent of Excise may, in accordance with any general or special order of the Excise Commissioner, refuse to grant the said license to purchase, in which case he shall forthwith give telegraphic intimation of his refusal to the Collector of the importing district. 23. (1) Only ganja stored in the public warehouse shall be Procedure for purchased. purchase, packing and weighment of ganja. (2) When the importer has completed his purchase, the officer-in-charge shall, on proof of the execution of a bond, as prescribed in Rule 26 and on a requisition from the wholesale vendor of ganja and bhang, issue the ganja. Each chest in which the ganja is to be packed shall be weighed and its number and weight shall be marked on it in paint. The ganja shall then be weighed and packed in the chests, all dust and refuse being removed. Seals shall be affixed at the interstices between the planks of the chest unless the ganja is enclosed in an inner covering of gunny, which has been sewn and sealed along each seam. When ready for despatch, each chest must be again weighed and the number and gross weight of each, the net weight of ganja, the number of the pass, the name of the importer and the district to which the ganja is consigned must be legibly painted on each chest. All these operations must be performed in the presence of the officer-in-charge of the Public Warehouse. 24. When the weighments have been completed, the Supervisor Details to be shall enter on the back of the pass and of the duplicate and entered on back of triplicate copies thereof - pass. (a) the number of each package. (b) the gross weight of each package. (c) the net weight of ganja in each package. (d) the name of the purchaser, and (e) the name of the person to whom delivery is to be given. 25. (1) The officer-in-charge shall then make over the original Disposal of passes copy of the pass to the importer, who shall immediately take the ganja to the nearest railway station or any other station that may be appointed by the Collector for despatch to the place specified in the pass:

Provided that, if the pass has been granted by a Collector of officer-in-charge of Excise of a district of Uttar Pradesh, the importer shall consign the ganja direct to such Collector or officer, to whom he shall also send the original copy of the pass together with the railway receipt, by post, in a registered cover.

(2) The duplicate copy of the pass shall be despatched by the Supervisor by the same day's post to the Collector or other officer who issued it, and the triplicate portion shall be attached as a voucher to the annual return showing the ganja exported from the public warehouse to each district which is submitted to the Collector of the exporting district. 26. (1) The importer shall execute a bond (which may be either Importer to a general or a special bond) in the prescribed form in favour either execute bond. of the Collector of the exporting district or of the Collector of the importing district, binding himself his heirs, successors and assigns to the lodge the ganja within a reasonable time (to be fixed by the Superintendent of Excise in an excise warehouse in the importing district, or to pay to the Collector of such district) a sum equal to the amount of duty, chargeable on the said ganja . The bond may also provide for the payment of penalty duty at such rates as may be prescribed on any deficiency or excess in quantity on the arrival of the ganja at its destination.

(2) If a bond has been executed in favour of the Collector of the importing district the fact shall be noted on the import pass by the officer who issues the same. In the event of the bond being Execution of bond executed in the exporting district the Superintendent of Excise shall at a place of import despatch the same by post to the Collector of the importing district to be noted on in order that he may take necessary action thereon. import pass. 27. Ganja shall only be exported within the period for which the Export to be made pass specified in Rule 22 is current, or within such extension of the within period of currency thereon as may be granted by the Collector of the currency of pass. importing district, or, if authorized by rules made in the importing state to grant such extension, by the Superintendent of Excise. Every extension of the period of an import pass granted by the Superintendent of Excise shall be notified to the Collector of the importing district. 1328. to 37. [Omitted] Transport of Ganja from the Public Warehouse to District Warehouse 38. No ganja shall be transported from the public warehouse Only wholesale except by the wholesale vendor of ganja and bhang. vendor may transport ganja. 39. (1) When the wholesale vendor of ganja and bhang desires Bond to be to transport ganja from the public warehouse he must execute a executed and officer-in-charge bond (which may be either a general or a special bond) in the informed. prescribed form before the Collector of the district in which the public warehouse is situated for the payment of the duty imposed under section 27.

(2) The Collector shall sign the bond on behalf of the Governor of West Bengal as a party to the instrument.

(3) The Collector shall then intimate the fact of the execution of the bond to the officer-in-charge of the public warehouse who shall after the particulars thereof have been entered in the prescribed register, issue the ganja and prepare a pass in triplicate. 40. Rules 23 to 25 shall apply, mutatis mutandis, to such Rules for transports. transport. 41. The wholesale vendor of ganja and bhang must submit the Wholesale vendor original copy of the pass to the Collector of Sub-divisional Officer, to submit pass. within whose local jurisdiction the warehouse to which the ganja is to be transported is situated. 42. On arrival in the district to which is to be transported the ganja Receipt of ganja in shall immediately be taken direct to the excise warehouse specified district warehouse. in this behalf in the pass referred to in Rule 39. 43. Either the Superintendent of Excise or such other officer as Examination and may be authorized by the Collector in this behalf shall, upon the weighment of arrival of the ganja at the warehouse examine, weight and store it. ganja on receipt. Transport of Ganja from one District Warehouse to another without prepayment of duty 44. Passes for the transport of ganja under bond for the payment of Only permitted duty from one district warehouse to another may be granted on the under certain request of the wholesale vendor of ganja and bhang by the circumstances. Collector of the district in which the warehouse to which the ganja is to be transported is situated, but such transport shall not be permitted except- (a) when the stock in the warehouse to which the ganja is to be transported is likely to become exhausted before a consignment can be obtained from the public warehouse, or

13 Vide Notification No. 2713.Ex., dated the 4th February, 1938, published on page 309, Part I of the Calcutta Gazette of the 10th idem. (b) when the warehouse from which the ganja is to be transported is to be closed.

In the case of such transport the provisions of Rules 23 to 26, 39, 41, 42 and 43 shall apply, mutatis mutandis, but no dust or refuse shall be removed before transport. Bhang or Siddhi Import of Bhang 45. Bhang may be imported only by the wholesale vendor of ganja Restrictions on and bhang and only from those places which have been previously import. approved by the Excise Commissioner. 1446. Such import may be made only after the importer has- Conditions of (a) executed a bond (which may be either a general or a export. special bond) in favour of the Collector of the importing or exporting district or such other officer as the State Government of the place of export may direct for payment of the duty imposed under section 27 of the Act or the pass fee imposed under section 38 of the Act, as the case may be; and (b) obeyed all the rules made by the authorities of the place of export.

1547. (1) When the wholesale vendor of ganja and bhang desires Pass required from to import bhang he must apply for a pass to the Collector of the Collector of importing district district into which the bhang is to be imported, who shall grant a and from proper pass in accordance with the rules made in that behalf under section authority in 38 of the Act. exporting district.

(2) Two copies of the said pass shall be sent to the Collector or such other officer, as the State Government concerned may direct, of the district from which the import is to be made. 1648. Such import shall not be made unless the proper authority in the exporting district has entered the following particulars on the back of the pass and made it over to the importer, namely - (a) the number of each package, (b) the gross weight of each package, (c) the net weight of the bhang in each package, and (d) the name of the person to whom delivery is to be given.

14 The words "Place of export" have been substituted in this rule for the words 'Bihar and Orissa' by Notification No. 1007F.T., dated the 9th May, 1951 and the rule has been amended further by Notification No. 441-Ex., dated 12th April, 1969. 15 Amended by Notification No. 962S.R., dated the 30th March, 1918, published on pages 557-558, Part I of the Calcutta Gazette of the 3rd April, 1918 and by Notification No. 441- Ex., dated 12th April, 1969. 16 Amended by Notification No. 169S.R., dated the 22nd January, 1917, published on page 147, Part I of the Calcutta Gazette of the 24th idem. 49. A pass specified in Rule 47 shall not have effect for more than Period of currency one month from the date on which it was granted. of pass not to exceed one month. 50. Rules 42 and 43 shall apply, mutatis mutandis, to such imports. 1751. [Omitted.] 1851A. Rules 38 to 44 shall apply, mutatis mutandis, to the transport Procedure in case of bhang; provided that the bhang may be transported in bags of transport of sealed along each seam and at the mouth, instead of in chests. bhang. Charas Import of Charas 1952 to 56. [Omitted.] 2056A, 56B, 56C, 57 and 57A [Omitted.]

Duration and number of licenses

58. Licenses for the wholesale or retail vend of intoxicants may be Periods for which granted for one year, from 1st April to the 31st March or for any licenses may be 18 granted for shorter period within that year, subject to the following wholesale and provisions :- retail vend of (1) licenses for the retail vend of country spirit [ganja and intoxicants. bhang] ……. In the Calcutta district, may be granted for three years beginning on the 1st April; (2) licenses for the retail vend of pachwai may be granted for any number of years up to three beginning on the 1st April, in cases where the Excise Commissioner considers this advisable. (3) 18 [Omitted.] (4) season licenses for the sale of fresh tari may be granted for period fixed by the Collector. (5) 18 [Omitted.] (6) wholesale licenses for the supply and same of intoxicants may be granted for any number of years not exceeding five, as the State Government may decide in each case. 59. The number of license which may be granted for any local area Number of licenses shall be regulated by the needs of the people of that area and no to be fixed according to local license for the sale of any intoxicant in any local area shall be needs. granted unless it is required either to meet as ascertained demand

17 Vide Notification No. 2713Ex., dated the 4th February, 1938, published on page 369, Part I of the Calcutta Gazette of the 10th idem. 18 Vide Notification No. 3309Ex., dated the 26th August, 1921, published on page 1432, Part I of the Calcutta Gazette of the 31st idem. 19 Vide Notification No. 16228Ex., dated the 18th December, 1946, published on page 136 of the Calcutta Gazette, Part I, dated the 23rd January, 1947. 20 Vide Notification No. 2713Ex., dated the 4th February, 1938, published on page 309, Part I of the Calcutta Gazette of the 10th idem. for such intoxicant or to counteract supply through illicit sources :

21Provided that the number of licenses for the wholesale or retail vend of any intoxicant, not being licenses mentioned in section 37 of the Bengal Excise Act, 1909 (Bengal Act V of 1909), in force in any local area at any time during a financial year, shall not exceed the maximum number of such licenses which were in force at any one time during the previous financial year, unless the State Government otherwise directs. 60. The general principles stated below shall be borne in mind and Principles to be shall be applied by Collectors so as possible by fixing the number applied in fixing number of retail of licenses to be granted for the retail sale of liquor and ganja :- licenses for liquor and ganja. Liquor and ganja shops should not be sparsely distributed as to give to each a practical monopoly over a considerable area, or at least such a monopoly should only be allowed when prices can be effectively fixed. At the same time, two or more shops should not be equally convenient to a considerable number of persons. In other words, liquor and ganja shops need not be so limited in number, as to make it practically impossible for a resident in a particular area to get his liquor or ganja except from one particular shop; but should only be possible for him to obtain his requirements from two different shops at the cost of considerable inconvenience, and he ought to have as little freedom of choice in the matter as possible. Location of Shops 61. (1) No new shop will be licensed, for the consumption of Prohibited sites for liquor on the vendor's premises - liquor shops. (a) in a market place, or (b) at the entrance to a market-place, or (c) in close proximity to a bathing-ghat, school, hospital, place of worship, factory, or other places of public resort, or (d) in the congested portion of a village. (2) So far as practicable, an established liquor shop licensed for the consumption of liquor on the premises should not be allowed to remain on a site which would not, under clause (1) of this rule, be permissible for the location of a new shop.

(3) In areas inhibited by aboriginal tribes or tea garden coolies, country spirit shops shall no be licensed to be placed immediately on the side of a main road or in any other prominent position that may place temptation in the way of such persons.

21 Inserted by Notification No. 1045Ex., dated the 21st November, 1955. 62. In granting licenses for new shops, and, as far as practicable, in Principles to be granting licenses for established liquor shops, the Collector shall observed in granting licenses have regard to the following principles :- for liquor shops. (a) a liquor shops should not be inaccessible to consumers, but it should not be in such a situation as to obtrude itself on the attention of the public or to render persons passing by subject to annoyance from persons drinking; (b) in towns, the position of a liquor shop should be so far public that persons entering it should not escape observation, and it should be such as to render supervision easy, but it should not be so prominent as to compel attention, e.g. by occupying a whole side of a public square; (c) a liquor shop should never occupy a position to which the near neighbours object on grounds which, upon inquiry, appears to be sufficient and free from malice or ulterior motives. 63. Licenses for the retail sale of liquor at any place within three Retail liquor shops kilometres of the border of another district shall not be granted within three kilometres border unless the Collectors of both districts concur, or, if they fail to of another district. concur, unless the Excise Commissioner so directs. 2264. Except with the previous sanction of the State Government no Location of shop new shop shall be licensed for the retail sale of any intoxicant near border of within five kilometres of the State of Nepal nor shall the site of any Nepal. existing shop within such limits be changed by more than 400 metres from the site approved by the State Government.

65. Licenses for the sale of foreign liquor for consumption on the Place where vendors' premises shall only be granted in places where there is a foreign liquor 'on' licenses may be proved demand on the part of a class of drinkers accustomed to granted. foreign liquor, e.g., in large industrial centres, or in towns where there is a population specially accustomed to drinking such liquor. 66. Licenses shall not be granted for the sale of foreign liquor and Prohibition of sale country spirit on the same premises. of country spirit and foreign liquor on the same premises. Prohibition of grant of retail licenses to certain persons 67. Licenses for the retail sale of any intoxicant shall not be Licenses not to be ordinarily be granted - granted to persons convicted of non- (a) to any person who have been convicted by a Criminal bailable offences, Court of a non-bailable offence, or

22 Distances were converted to metric units and the words 'States of Nepal or Bhutan' were substituted by the words 'State of Nepal' by Notification No. 356Ex., dated 22nd March, 1962. (b) to former licensees who are in arrears to Government or whose conduct or whose conduct has been found to be is unsatisfactory, or who are unsatisfactory or who have been found guilty of any interested in serious breach of conditions of their licenses. manufacture or sale of intoxicants 68. No license shall be granted to any person who is interested in foreign territory either directly or indirectly in the manufacture or sale of any or States adjoining 23 West Bengal or, in intoxicant in any foreign territory or [Part B] or State within or certain bordering upon West Bengal. circumstances, to holders of licenses 69. No license shall be granted to an outstill license for the retail for outstills. sale of foreign liquor or distillery spirit or tari in a shop within thirty- two kilometres of his outstill.

70. No license shall be granted to a distillery shop license for the retail sale of foreign liquor or tari in a shop within thirty-two kilometres of his distillery shop. 71. No license for the retail sale of country spirit shall be granted to No retail country any person who has been granted the exclusive privilege of spirit license to be granted to grantee manufacturing or supplying to a retail vendors or manufacturing of exclusive and supplying country spirit to retail vendors thereof within a privilege. specified area, or to any person who has a joint interest either directly or indirectly with the grantee of an exclusive privilege as aforesaid, in such grant. 2471A. No license shall be granted to an ex-employee of the Excise Directorate or the Calcutta Excise Collectorate or to an ex- employee who was permanently recruited for Excise Offices in the districts under the Government of West Bengal. Prohibition of sale to certain persons 72. (1) No intoxicant shall be sold - (a) to any Railway servant at the time on duty, to any Excise or Police officer below the rank of Sub- Inspector being in uniform, any European vagrant under Police escort, or any insane person, by any licensed vendor or by the agent or servant of any licensed vendor, or (b) to any soldier, whether in uniform or not, or any member of a soldier's family, or any camp-follower, by any licensed vendor or the agent or servant of any licensed vendor, unless such licensed vendor has been approved by the General Officer Commanding a

24 Originally inserted by Notification No. 716-Ex., dated 2nd June, 1964 and then substituted by Notification No. 729-Ex., dated 18th May, 1965. 23 Substituted for the expression 'Indian States' by the Adaptation of Laws Order, 1950. Cantonment or Camp.

Provided that at Railway and Steamer Refreshment Rooms and Dak Bungalows - (i) troops and camp followers marching under the command of an Officer may be supplied with the consent of such an Officer, and (ii) soldiers and their families travelling in small parties not under the command of an officer may be supplied with a reasonable quantity if the men are in uniform and sober. (2) In this rule - (i) 'Soldier' does not include a Commissioner Officer, a volunteer, or a Soldier in civil employ, and (ii) 'Camp-follower' means a person (other than a soldier or a private servant) whom the person selling an intoxicant knows or has reason to believe to have a right to be in cantonments; and (iii) the expressions 'Soldier', 'member of a Soldier's family', and 'Camp-follower' do not include an Indian Soldier, or a member of an Indian soldier's family, or an Indian camp-follower, when such soldier or camp-follower is absent from his regiments. Ascertainment of local opinion prior to the grant of certain licenses for the retail sale of liquor and intoxicating drugs. 73 - 79. [Suppressed by Notification No. 120Ex., dated the 7th February, 1953. See section 4 of this Chapter] Restrictions on the exercise of powers conferred by sections 66 and 67 80. No Excise Officer shall exercise any of the powers conferred by Officers section 66 (entry, inspection, testing, seizure, etc.) in respect of any empowered to inspect, etc., licensed place of manufacture or storage which is under the charge licensed places of of an Excise Officer, unless (a) he is of or above the rank of manufacture or Inspector, and superior in rank to such officer in charge, or (b) he storage in charge has been specially authorized in writing by the Collector to do so. of Excise Officer. 2581. (1) Officers below the rank of Assistant Sub-Inspector in the Officers Excise Department or Sub-Inspector in the Police Department or of empowered to arrest, seize or Preventive Office in the Customs Department or Kanungo in the search in open Land Revenue Department many may exercise in open places only places only. the power conferred by section 67 (Arrest without warrant, seizure and search).

25 Sub-rule (1) was amended by Notification No. 353-Ex., dated 5th April, 1954 and the words 'Assistant Sub-Inspector' occurring therein were substituted for the words 'Excise Petty Officer' by Notification No. 690-Ex., dated 2nd June, 1971. (2) The expression 'open place' in this rule means 'open' in the ordinary sense, as opposed to 'closed', but does not include a dwelling house.

82. Any officer who, outside his local jurisdiction, arrests any Procedure in case persons or seizes any article under section 67 shall without delay of arrest outside make over such person or article to an Excise Officer having local local jurisdiction. jurisdiction, or to the officer in charge of the nearest police-station. Information and aid to Excise Officers 83. The information which officers referred to in sectio0n 71 are To whom required to give of breaches of provisions of the Act shall be given information of breaches of to the Collector or the Sub-Divisional Officer or to the nearest provisions of Act Excise Officer having jurisdiction to investigate the offence. to be given. 84. No Excise Officer below the rank of Sub-Inspector shall request Excise Officers any officer referred to in section 71, subsection (I) to aid him in empowered to ask carrying out the provisions of the Act or of any rule, notification or for aid. order made, issued or given under the Act. 85. (1) When any Excise Officer not below the rank of Sub- Inspector requires the aid of any officer referred to in section 71, sub-section (1), in making any arrest or search under the Act, he shall send a requisition (which shall be in writing, if the exigencies of the occasion permit) stating the nature of the aid required and the reason for which it is required - (a) if the aid of the police is required - to the officer in charge of the police-station within the limits of which the arrest or search is to be made, or (b) if the aid of any other officer referred to in the said sub-section is required - to the nearest superior officer of the department or body which he serves : Provided that in the case of emergency such Excise Officer may require aid from the nearest available officer.

(2) If any officer to whom a requisition is sent under sub-rule (1) of this rule feels unable to render the aid required he shall forthwith inform the officer who sent the requisition of his reasons for withholding it, and shall, if necessary refer to his immediate superior for instructions. 86. A village chaukidar or daffadar shall not be required to aid Restrictions as to Excise Officers in carrying out any provisions of Act, or any rule, aid to be demanded from notification or order made, issued or given under the Act, except in village Chaukidar the matter of making an arrest or search or seizure of a distraint of or Daffadar. movable property with the village, union or circle for which he is appointed. Grant of expenses to witnesses 2687. Expenses of witnesses appearing under summon or produced before any Court in excise cases, admissible under rules made or orders issued by the State Government from time to time in that behalf, may be granted by the Collector, when they are not paid by the Court or are paid in part. Grant of compensation 88. Compensation for loss of time may be granted to persons referred to in section 85, clause (n), by the Collector or by the Magistrate before whom they are charged. 89. Such grants shall be made under the same conditions as grants of expenses under the rules or orders referred to in rule 87 stand shall be subject to the maximum limit prescribed by those rules for the grant of expenses.

26 Substituted by Notification No. 690-Ex., dated 2nd June, 1971.