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NAGAt4ND ACT 7 OF 1967

[ THE NAGALAND EXClSE ACT, 1967.

Rccer'ved ;he assent of rlre President on the 8th September, 1967,

dated the

(Pi~bliskeri
in rlre Nagaland Gazette-Extraordinary,
. .
15th Seprcmber, 1967.)

An

Act $0 impose escisc duty on

intoxicating drugs.

alcoholic liquor and


~.

P ~ ~ &.~ I. ~ -..W. .H E .R- E A


the
S pre;iow r a n ~ i o nof
, t i e president of
India h i s bean obtained -under thc proviso to ~ r t i c i e .304 *(b) of the
Constitution of India ;
, . I t is hereby enacted in (be Eighteenth Year of Republic of India as
follows :-

CHAPTER 1

ShotE title, Commencement and Extent.-].


called the Naglao? ~ x c i &Ad, 1967.

.,,

( 1 1 This Act may be


,

(3) 1t extends to the whole of Nagaland.

Definitions.-2. In .thisAct, unless there is anything repugnalit jh

the subject or context :-

. .

'Becr' includes ale, stout, port, and all other fermented


liquor.usually made from malt' ;
'Beer'.-(I)

.
'To bottlep-(2) 'To bottle'.means to transfer liquor from a cask of
othcr vessel to a bottle or other receptacle, whether any process of
rectification be employed or not, and.includes re-bottling ;
,

. (2) It shall come into 'force oisirch date as thestate ~overnrhent

may, by notification, appoint in this bebalf.

Club.-(3)
' Club ' means a society of persons asstlciatcd
together for social intercourse, for the promotion of politics, sports, art,
science, literarure, or for a n y purpose except. the acquisition of p i n , and
whcthcr the same bc registcrcd under the Indian Companies Act. 1956, ( 1
of t956) the Co-operatiye Societies Act, 1912, (11 af 1912) the Societies
Registration Act, 1860, (XXI of 1860) or otherwise incorporated, or not ;
'Collector' inqludcs a Deputy Cornflissioner and

'Collecter'-(4)

in

any provision of this Act inciud- also any o&er whom the State Government may by notification, declare or appoint to be a Collcctor for the
purposes of that provision ;

*Dsnarurant'-(5) (Denaturant' means any substance prescribed by


rule mad; in this behalf un'der this Act-far admiliture with spirit' ib order to
render the mixtire unfit for human consumption, whethcr a s a beverage. dr
internally, as a medicine ;

&To denature denatured spirit'461 vo denature' medfis to mix


spirit with one or mwc denaturants in such manner as may bt prescribed by
rule made in this behalf under clause Iml OF sub-section (2) of section 36;
and 'denatured spirit' means spirit so mixed;
Deputy Commissioner.-(7)
cDeputy Commissi&ner' means ihe
Chief Officer-in-charge of the revenue administtation of a ~ i s t r i c t :
.
I

Excisable Articles.-(8)
'Excisable article' means iliqbor For human consumption; not bding a medical prepara(a)
tion ;or
,

(b) any intoxicating drug.


. -

..
.

, ,

'Excise duq'.-(9)
'Excise duty' and Countervailiag dutyv'mean shy
such excise duty or countervailing duty, as the case may be, as is mentioned
in entry 51 of List II in the Seventh Schedllte to the ~onstitution;
.

...
,

i.'

'Excise Commissioner'--(ID)

'Excise Commissioner' meaus the

Officer appointed by the State ~ojernmcnt u k d 3 kehiah 7, ~ u b - s e ~(21,


ti~~
clause (a) ;

NAGALAND
CODE
NAGALAND
ACF 6 OF 1967
. .:. :
:,,
,.
*Excise Oficer'.-(11)
'Excise Otficer' ' means a collector or any
. . . .IJiiiier or orhcr pirson dppoiii~idor invested kith p*wers under section 7 ;
.:
.
11.2

I .

&ExciseRevenue1--(12) Exice revenue' means revenue derived or


derivibld from any duty, fee, tax, penalty, '$ayrnent (other than a fine
ikposid by a Court of Law) or confiscation imposed or ordered under the
provisions of this Act, or of any other law for time bcing in f6rce relating to
liquor or intoxication drugs ;
I

4~xport'.-(13,] . 'E~port'means to takeroutof the territories to which

. .

this Act applies, otherwise than across a customs frontier as defined by the
Central Government;
'I mp,ort9.-414) .Import' (except in the phrase .'import-intoIndia')
means to bring ,into ih4 territories to -whichthis Act applies. otherwise than
across a custdms fioiti& as' defined
, ,by the 'central Government ;

.Intoxicant'.-(15)

'intoxicant' means any liquor other than the


.and Rohl or intoxicating dr,ug ;
.
..,

(i)

the leaves, small stalks and lowering br fruiting tops of the


lndian
hemp plant (connabis sativa L),including.all forms known
' , , ' ! , : ,:'!
as bhang,

{ii)

Zu

adhi or: ganja;.

charas, that is, rbe resin obtained from the Indian hemp plant,
which hai. :iot
. - - been I subrnittcd to any, n&ipulations 0 t h ~than
thdse-necessaryrdr pi='kinga i d transport;
.I

{iii) any mixture, with or without neutral materials, of any,ofthe


above forms of intoxicating drug, or any drink"pripared therefrom; and
'

(iv)

any othqf intoxicating or, narcotic substance which the State


111,:
. .
Gbvernmeot may, by notkca&n, declare to bean intoxicating
dru~,,such
substance
or a enufac.....,..:<..
. ,; - not...being,ppiu*, ,coca I*,
tired drug, as.&- !'
in section 5 of the
. . ~ a n g e r o ~Drugs
s
Ad,.
j930 (1 1' bi 1930).
. 1

176

'Liquor'.--(1 7)'Liquor' means intoxicating liqwr and includes all liquid


consisting of or containing alcohol but docs not include Zu and Rohi, also
any substance which the State Government may, by notification, declare
to be liquor for the purposes of this Act.

'Manufacture' includes every process, whether


natural or artscial, by which any intoxicant is produced or prepared, also
redistillation and every process for the rectification, ffavowing, blending,
or colouring of liquor.
dManufacture'.-(18.)

Zu

,'Zu and Rohi' mean any rice, millet, or other


grain formented naturally from itself or with some foreign or artificial
and Rohi.-(19)

substances, wheather mixed with any liquid or not and any liquid obtained
therefrom, wheather diluted, or undiluted, but does not include beer.
'Place'.-(20)

'PIace' includes a house,. building, shop, .tent; vessel,

raR and vehicle.


,

'Sale'.-(21)
'PIace' Expressions rererring to 'Sale' include any
transfer otherwise than by way of gift.
8

'Spiritq.-(22)
'Siprit means any liquor cbntaining alcohol, obtained
by distillation, whether it is denatured or not.
'Transport' 4 2 3 ) 'Transport' means to move from.:oae place to
another within the territories to which this Act applies. 1. .:;. ' 1
,

,-.

'

define "Country Liquor' and "Fareign Liquor"


respectively.-4.
The 'State Government may, -by' notification, declare
what, for the purposes of 'this Act, shall' be deemed -to be "Country
liquor" and "Foreign ,LiquorMrespectively ;

Power to

'

Provided that, where the interests of any other State may be dected,
no such declaration sball be made without the previous sanction of the
Central Government.
Wholesale and raaail sale.-5.
The State Government may, by
notilkation, declare, with respect' either to the whole ofthe ter'ritories.to
which this Act applies or to any local'area comprised theirin, and as rdgards
'purchasers generally OF any specified class of purchaseis,' and generally

.
,

or for any spmiiied occasion, what quantity or any intoxicant


si~all for the purposes of this Act, be the limit of sale by retail and of sale

by wholesale, respectvely.
Saving of certain enactrments.--6.

Nothing contained in this Act

shall affect the provisions of the Cantonment Act,. 1924 (11 of 1924),
Customs Act, 1962 (52 of 1962) or Indian Tariff Act, 1934 (XXXII of 1934)
nr any rvie or order made under the said Act.

ESTABLISHMENTS AND CONTROL

~~~ointrne
ofn tolWcers, and the conferment, withdrawal and
ds!ega$ion of powers.--7.
( I ) Within a district the administration of
the Excise Department and the collection of Excise revenue shall' be under
thc charge of the Deputy &mmissioner.
.
,
,
.

(2) The State ~overnmentmay, by notifrcalipn applicable lo the


whole of the terrritories to which thk Act appiiei br to any dist&t.or lochl
area corpprised tbeirin ;'

(0)
A

.(b): appoint any person other than ,the Deputy Commigsi~nerwho


Contml
of $he ~
~. o r .n m i ~ i & &v ~c ,i g c
. .shall
, . . . ' subject
. tp the
. ,
.:
. .e p
. o.t y
: Ja\\ or
,
any
. .
af'the
, - . pawen
. . a i d p c r ,f o all
~ or any *<!be dutirs
..
of
othcr
law
for
lhc
time
being
a collector undcr this Act, or
.. ..
,,
.
in force relating to thk ~icise-revenue ;

I'

i d

(c) aPp&nt amccrs o l jbe Excise Department of such elasses


.. , ,.
with 'such' 'desibtion; powers and' duties under his' ~ cas tthe

*,

...
.

'

.,!.. .

appoint an offcer who shall, snbject to the ciotrol of the


- State: Goverpment have the ~ontrol
of -the adrni*tratjon of the
Excise Depagmcnt
. . and of the c o l l ~ i o n the
~ f EX&
revenue ;

..

State Govemrnent may think fit ;

.' .

..I

'

( q p r d e r that ail or any ofthe p o w e & a n d d u t i e ~ ~ ~ i g n e d t o a p Y


., saicer un&; cinGe. . . of this s+tion
+.
shall be cxcFis$<+
... . , ,.
,;ie!bmd 'by +ny n~lrvant
. ..
of the dbvernmint
.
or any, other
. ,
,

person ;

(e)

withdraw from any officer or pcrson all or any of his powers


or duties under this Act ;

( j ) delegate to the Excise Commissoner, Collectors, and to any


subordinate officer, subject to such conditions and restrictions as
may be prescribed by any rules made under section 36 sub-section
{2),clause (a) any p-owers conferred upon, or exercised in respect
of the Excise rcvcnue by the State Government, the Excise
Commissioner, and Collectors, respectively, by. or under the
provisions of this Act or any other law for the time being in
force rdating-to Excise.
8. (1) Orders passed under this Act or under any rule made hereunder shall be appealable as follows in manner prescribed by such rules as
...
rhe Stale Government may make in this behalf ;-

the Excise Commissioner, any order passed by the Depury


Commissioner, any order passed by .the Commissioner or a
Collector other than the Deputy Commssioner~;

(a) to

.
,

(h) to the State Government,


Commissioner . ;
. .
,

any order passed by the Excise

. , . .

(b)"k

&)

, ,

(2) In cases ndt provided for by claussi


and
sub;reotian:(l)
.
.
orders passed under this Act or under any rules made hereunder shah bc
appcalabte to the State Government.
.
..
'

(3) T h e State Government, the Excisc Commissioner or the Deputy


Commissioners may call for the proceedings held by any oBcer or person
subordinate to it or him or subject to its or his control and pass such orders
&creon as it or he may think fit.

CHAPTER 111

.-

IMPORT, EXPORT AND TRANSPORT.


Restrictio&

unless :-

on import-9.

'

( I ) Ho intoxicant shall be imported

(a) the duty (if any) payable under Chapter V has been paid or a
bond has been executed Tor thc payment thereof ; and

(b) such conditions (if any) relating to payment of duty, licensc or


requirements of public health, as the State Government may
impose have been satisfied
to any article which has been
imported into India and was liable, on such importation, to duty under thc
Indian Tariff Act 1934 ( X X X l l of 1934) or, the Customs Act, 1962 ( 5 1

(2, Subsection ( 1 ) shall not apply

of 1962).
(3) Clause (bl of sub-section ( I ) shall no1 apply to liquor manuFdctured
in India and declared under section 4 to be foreign liquor.
~estrictionson export- and transport..
10. No intoxicant shall
be exported or transported unless :.
,

. ,

The duty (if any) payable under Chaptcr V. has been paid ;
Provided that the State Government may, subject to such conditions
(ifany) as it thinks fit to impose, exempt any intoxicant from the provisions
of this section.

Prohibition of import of transport.-11.


The State Government
may, to enforce a policy of prohibition or for purposes of public health,
by notification-

Ii

(a)

,
!

i
I

prohibit the impoh or export of any intoxicant into or


from the territories to which this Act applies or any part thereof;
or

(b) prohibit the tra&ort

of any intoxicant.

export or transport.-12.
No intoxicant
exceeding such quantity as the State Government may prescribe by
either generally for the whole OF the territories to which this Act
applies or for any local area comprised therein, shall be imported, exported or
transported, except under a pass issued under the provisions of the next
following section.
Passes for

import,

Passes for the import, ?port or transport of


intoxicants may be granted by t h e Collector or by an oficer specially
authorised by the Excise Commissioner in that behaIf.
Grant of Passes.-13.

Such passes may be either general for definite periods and specificd
kinds of intoxicants or special for specified occasions and particular
consignments only. Passes under this section or under section 12 may be
issued only for the purposes of imposing and collecling excise duty or
ensuring conformity with license requirements and any other requirements
under this Act.

CHAPTER 1V

M ANUFACTURE, POSSESSION AND SALE


Manufacture and preparations for manufacture permited only
under license.-14.
Excepr under the authority and in accordance with
the terms and conditions of a licence granted in that behalf by the Collector
or by the Excise Commissionet-

(a) no intoxicaiit shall bc manufactured:

(6) no hemp plarit (Cannabis sativa L.) shalI be cultivated or


collected;
(e)

no liquor shall be bottled for sale;

( d ) no distillery or brewe'ry shall be conitru'cted~or


worked; and
(e)

no person 'shall use, . keep-or fiaire in his possessioti %ny materials,


still, utensil, implement or apparatus whatsoever for, the purpose
of manufaciuring any intoxicant other,tban Zu and Rohi;

Provided that nothing in -clause.(c) shall apply to Zu or Robi which


may lawfully be sold
Establishment ar
warehouk-15.

licensing

of distillaries. breweries arid


The Excise Commissioner, with .the sanction of the S&
-

Government may-

(a) establish a distillery in which spirit may be manufactured .under a


license granted under section 14, on swh conditions as the St+,
Government thinks fit to impose;

! -

(4) discontinue any distillery so established;

license, on such conditions as the State Government thinks fit to


impose, the construction and working of a distillery or brewery;

(c)

(d) establish or license a warehouse wherein any intoxicant may be


deposited and kept without payment of duty; and

(4 discontinue any warehouse so established.


Limit of possession, with exceptions and prohibitions in special
eases.-16.
( I ) No person shall have in his possession any quantity or any
intodcant in excess of such quantity as the state Government may, under
section 5 declare to be the limit OF sale by retaiI, except under the authority
and in accordance with the terms and conditions of..

(i) a license for.the manufacture, sale or supply of such article; or


(,j)

inthecaseofinto~icatingd'ugs>a licence f o r ~ h e c ~ I t i ~ t i o! ~ ~ ~
calleciioo the plants from which such drugs vcre produced; or

(iii) a permit granted by the Collector in that behaif.


(2)
).(
,,

Nothing in sub-section ( I ) shall apply to-

my foreign liqcor other than denatured spirit in the possesion


of m y common carrier or warehouseman, as such or ; . ,

. (b) any foieiga liquor lawfully procured by, and in the possession OF,
:

any person for his own bona fide private ~oisumption and not for
sale:

(9~otwithstaadinganything contained in

sub-s&tion (I) and (4, the

State Government may, by notification, prohibit, the possession by any

person or class of persoqs, either throughout the whole of the territories to


which this A& 3pp~ies,or in any local area, place or class of places comprised
therein, d any iatoxiiant'either abs~lutelyor' subject to such conditions as it
may prescribe.
. ,

,,

. ' ?roh$iiipn of
+,&ibit;on.-l?.
(1)
/ .

isle without license


,

and the exception( to such


No intoxicant shrill be sold except under the authority

..

and in accordance with the terms and conditions of a license granted by the

Collector or the Excise Commissioner in that behalf.


Provided as follows ;[a) a license for sale in more than one district .shall be granted only
by the Excise Commissioner or by a Collector sp~cially,authoris!$,
by the Excise Commissioner in this behalf, with prior apprpval
of the State Government ;

(b) on such conditions as may be determined by the State Government,


a license for sale granted under the Excise law jn force in another
State may bc deemed to be a license granted under this Act ;

(c) a person licensed to cultivate or .co!lect pIa.nt


.
from h-I..
i c h , an
intoxiratmi drug is pmduccd, may sell without a license
.
thbie .
I

'

I . 1 .

portions of the plant frofn which the intoxicating -drug is


manuiacturcd ar praduced to any person licensed undei this Act
to deal in the same, or to any officer whom the Excise Commissioner may prescribe ;

to the sale . of any for,eign liquor


lawfully procured of any person Tor his private use and sold by
him or on his behalf or on bebalf of his representative in ;&rest
upon his quitting a station or after his decease ; Use tari for
. purpose of paking-bread.
. .

(6) nothing in this section applied


,

.,

I .

I 2 j Any Club which has transaction wirh its members in rcspect of


foreign liquor, shall bc deemed to be conducting retail sales a i d shall be
required to fake out - a license under this Act on payment of such fces and
sib!& to such &it&i&s in& on s&h conditions a& the ' ~ t a i~ove;&ent
i

dY
$fcscii6'e.,

,'

, ,'

- ,

. . ,.

. . -.. ,
. . .
,
. .
Exclusive privilege of manufacture and supply.--18.
:

Thc State .
Gov.eariientmay-grant to any person on such conditions and for such period
&-itmay -think,fit, the-e~clusiv~.privilege
pf manufacturiog ,orof ,su@plyingto
licensed veptforg oi .of manufacturing . and supplying.to the licensed vendors
any country liquor or intoxicating drug within any specified local arcas.

No grantee.ofany cxclusive privilege under this section shall exercise .


the same until he has received a license in that bchalf from ,the Excise
Commissioner.
Manufacture and sate in cantonments.-19.
Within the limits of
any military cantonment, no liccnsz for the manufacture or saIe OF liquor
shall be granted, except with the previous couscnt of the Commanding

Qficer.
CHAPTER V
, ,

DUTIES AND FEES

Duty on excisable articles.-20.


AD excisc dySy or a contervailing
duty, the carc hay be, a t such rate ' o r rate; as the State Government
may direct, may bc imposed, cithcr
-or. for any specified local
aria, on any excisable article- .
,

I
I

(a) imported; or

(b) cxportcd ; or

(d) ,manufactured, cultivated


'

(e)

'..

under section. 14 ;or

o t .calIecte3 under any, license


.
granted
.!,,

I
!

'

manfactured in any brzwcry or'distillery licensed or established


under section 15 ;

Provided as follows :-

( I ) Duty shall not' be so irnpsscd on any article which has been'


impsrted into India and was l i ~ b l e on such importation to the paymeat of
duty under the Indian TariE Act, 1934 (X X X ll of 1934) or the customs
Act, 1952 (52 of 1962).
.
.
.
Explanation :-Duty
may be impased under this section at different
rates according to the places to which any excisable artick is to be removed .
for consumption, or according to tht varying strength and quality of such ;
article. .
_ .
. .
,:
,

'

. I ,

NAGALAND
Acr 7 OF 1967

NAGAI.AND
-CODE

Method of levy of duty.-21.


Subjtct to such rulcs regulating the
lime, placc and manner, as the Statc Government may prcscribc, any duty
imposed under scction 20 may be levied as follows :'

(n) in the case

OF excisabIe articles imported-

( i ) tither in the territories to which this Act applies or in the


State

or territory from which the article is imported ; or

(ii) upon issue for sale from a waiehouse cstablishcd or licensed


under scction 15, clause (d) ;
(b) in the case of excisable ai-ticles exported, in the territories
.to which this Act applies or in the State or territory to which
thc article i s exported ;
(c)

in the case of excisable articles tranportcd{ i ) in the district from which the excisable article is tra,nsported ;

(ii) upon . issue for sale from a warellouse established under


section 15, clause (b) ;

(d) in the case of intoxicating durgsa rate assessed on the area 'covered by
a liccnse
.
granted under the provisions of scction 14, clause (h), or on
the quantity or outturn of the crop cultivated or collected
undersuch license ; or

( i ) as
'

i
'

( i j ) as a mte charged upon the quantity produced or manufactured


under a license granted under the provisions of section 14,
clause (a),qr issued from a warehouse established or liccnscd
under section 15, clause ( d ) ;
(e)

in the ease of spirit or beer manufactured in any dirtillcry or


brewery established or licensed under scction 15( i ) as a rate charged upon the quantity prdduced in or issued
from the distillcry or brewery as the casc may be, or issued
.- .

from a warehouse established or licensed under section 15,


clause (4,or
(ii) as a rate charged in accordance with such scale or equivalents

calculated on the quantity of materials used or by the degree


of attenuation of the wash of wort, as the case may be, as the
State Government may prescribe :

Provided that. where payment is made upon issue of an excisable


article for sale from a warehouse established or licensed under section 15,
clause ( d ) , it shall be at the rate of duty in force in respect of such article
on rhe date of issue from such warehouse ;
payment for grant of exctusive privilege.-22.
instead of or in
addition to any duty leviable under this Chapter, the State Govemmcnt
may accept paymcnt of a sum ia consideration of the grant of any exclusive
priviledge under section 18.
24. (1) Until provision to contrary is made by the Parliament the
State Government may lcyy duty-

i
i;

'

{a) on intoxicants or rncdicinsl or toilet preparations containing


alcohol which are not rxcisablc articlc within the meaning of this
Act ;
. .

(b) on an excisable article produced outside India and imported into


the territories to which this' Act applies whether across a custom
frontier as defined by thc ~ e n t r a ~oGernrnent
l
or not.
.

!
I

Nothing in this section shall iuthorise the -levy by the State


"Governmentof any duty which, as belween goods manufaciured or produced
i n the State and similar goods not so mahufactured or prodlced, discriminates in favour of the former, or which, in the case of goods.manufacured or
produced, outside the stat= discriminates betiken goods hanufactured or
produced in anothcr locality.
.!(:I)

LICENSES, PERMITS AND PASSES


.
Existing licenses, et;.-24.
,

~ v e rij'cense,
~
permit or pass gmnted

..

under any section of the Eastern Bengal and' Assarn Act of I910 (1 of 19 10)
and inforce at the cornmenccment.of this Act, shall be decrned to have beeu
granted under the corresponding scct b n of this Act, and shall (unless previously cancelled, suspended or surrendered under this Chapter) remain in foico
,.for the period for which it was granted.
,

~ o r mand condition. of.licenso,etc.-25.


or pass granted under this Act-

E V & ~license, ptr,p?t


,

(a) shall be granted(i)

on payment of such fees, if any,

(ii) for such period, and

'

,
,

.. . (iii),. subject to such restrictions and on such condi tio& and,;

, ,.

, ,

(b) shall be in such form and contain such particulars, as the Excise
Commissioner
.. subject to any rules made under section 36, s ~ b section (2) clause IS), ma$ direct either generally or in any
particular instance in this behalf ;
Provided that no fce shall be charged fo; any permit granted undcr
sectioti 16 for the possession of an intoxicant For bonafide private
..
. ,x:
consumptioqor use.
.
,
.
.
. .
.,' !:
,
Counterpart agreement and security.-26. Every person taking out
a licence under t h i s Act may be required to exccute a counterpart Agreement
in conformity with the tenor of his licknse, and ,to give such sccurit~, by way
of deposit or otherwise, for the performance .ofhis agreement r)s the,authority
gra&ng @s licensk'mayrequire.
. .
'

'

,.,,

. , , ,
, ~Ahnicai
d e f k , irregularki&s and om'iosions.-27.

..

;,.;;,

7-

8 '

( I ) No license
granted. , und& this ~ c rball
t
be decrncd to be invalid by reason mcrcly of
pny, tech-1
defect,
. . iyrcg"larity or omission in t h ~license,,:0r - dny
taken ,prior to the h n t thereof. . .
..,
8 ' -

,;

. . . .. .
.
,
'
. ,
(2) ~ k *hecisiop
e
-of 'the EX&
Comrnissiooer what is a t ~ h n i d
defect, itregularity or omission shall be final.
. , ., : i -, m
.

Ascertainment af l o c a l opinion.-28.
Before licenses are granted
in any year of the retail sale of any intoxicant ihe Collector shall take such
measures, in accordance with rules to be made by rhe State Government in
this behalf, as may best enable him to ascertain local public opinion in
. ,
regard to the licensing and location 06 shops.
Cancellation. suspens+ion
. .
of licenser, etc. in certain eases.-29.

(I)

Subject to such restrictions as the State Government may prescribe, the


authority who granted any license, permit or pass under this Act may cancel
or suspend the same :(a)

If any duty o r fee payable by the holder thercof be not duly paid ;
or

(6) in the event of any breach by the bolder thereof or by his servants,
or by any one acting on his behalf, with his express or implied
permission, of any of the terms or conditions of such license,
permit or pass ; or
I

.,

tc)

if the holder thereof is convicted of any offence pun,i>habIe under


this Act or any other law for the time being in force relating to
revenue, or of any cognizable and non-bailable offence, or of any
off en^ punishable under the Dangerous Drugs Act, ,1930 (ll of
1930j
. .
Or under sections 482 to 489, of the lndian Pens! Code ;or

(b) if the holder thereor is punished for any offence referred t6 jh


clause 8 of section 167 of the Customs Act, 1962 ;or
.

'

(e)

will, il the conditions of:the, license, permit or pass provided


for such cancellation or suspension.

at

(2)'-When a license, permit or pass held by any person is. cancell&


under clauses (a),(b), (c) or ( d ) of sub-section (I), thc authority afbresiid-if
subordinate to, or subject to the control of, the D e p ~ t yCommissioner,...may,
with tbe sanction of the Deputy ~ornmissidndr,or, if himself'the Deputy
Commissioner, with the sanction of the Excise ~omii~isiioier,capdel any
other license, permit or pass granted to such person within the' shdk district
under this Act or under any other law for the time being in force relatitig to
Excise revenue or under the Opium Act, 1878, and the Excise Commissioner
may cancel an; such license; permit or pass granted , t o such person in any
district to which this Act applies.
,

NAGALAND
Acr 7 OF 1967

NAQALAND
CoDr

(3) Thc holder of a licenrc, permit or pass shall not be entitled to


'

any compensation for the cancellation or suspension of his license, permit or


pass under this Section or to the refund of any fee paid or deposit made

in respect thereof ;

Provided that in case of hardship the Excise Commissioner may grant


such payment of compensation or refund of fee or deposit as he may think
fit.

(4) Any person affected by any order under this section shall have
right of appeal to the State Government or any officerprescribed in this
behalf by rule made under this Act.
a

Cancellation of licenses in other cases.-30.

( I ) Whenever thc

authority stared in section 29 considers that a license 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 license either-

(a) on the expiration of fiiteen days' notice


to do so ;or

in writing

bf

intention

(b) forthwith without notice.


(2) If any license be cacelled under clause (b) ef sub-section ( I ) , the
aforesaid authority shall, 'in'additionmtoremitting such sum as aforesaid, pay
.to the licensee such further sum by way of compensation"& the Excise
Commissioner may direct.

(3). When a license is cancelled under this section, any fee paid
advance or deposit made by the licensee in respect thdrcof shall bd refunded to
him, less the amount, if any, due tot Government.
.. .

Surrender:d license.-3 1.- Any holder of a license granted under


the AA to sell +nintoxicant may surrender his license on the expiration of
one month's notice in writing given by him to the CoIIector of his intention
tosurrender the same and on p,ayrknt of the fee payable ror, the license for
the whole period for which it would have been current but for such surrcndei;

Provided that if the Excise Commissioner is satisfied that there is


sufficient 'reason for surrendering a license, he may remit to the holder

lhcreof the sum so p ~ y a h l con surrender and a n y Tec paid in advunce or any
portion of such sum or fee ;
,

Provided also that ndthing i n this section sbaIl apply in the case of
a license held by the grantee of an excluiive privilege under section 18.
Explanation :-

In lhis section and in section 34, the wards "holder

of a liccnse" inc tude a pcrson whose bid, tender, or application for ' a license
has becn accepted by the Excisc Officer empowered to grnnt such license,
.
although such person may not in ract bave rcceived the license,
,

N6 right t o renewal.-32. No person lo whom a,license bas been


, . .
granted under this Act shail have any claim tb ihe rcnkwdl 'of such license, or',
save as is provided in section 30, , any claim to compeniatio~on the
8 ;

dcterrninafion tbereof,

, ,,

:,

CHAPTER V ~ I
I

GgNERAL PROVISIONS

':.

and instruments.-33:
Every person who
mapfactures or sclls any intoxicant under .a.licensegranted under, this 'ActMeasures, weights

."

shall supply hirnsclf with such measures, weights and intrumeab as


in
the Staic ~overn&t b a. y .p. .~, e s. c ~ ~ind
b c , rhsl! keep the
.
, good, condition ;and
.
. .
,- .
..
. ..,
'

- ,

.
_ .

. I .

. . I ,

,I

. I

(h) on the requisition of any Excise Otiftcer. duly empowered .inthat


behalf, shall at any time measure, weight or test any intoxicant
in. his possession in'such manner as swh-oficer may require.
.
. ,
OepartmentaI management, and re.sale.--34.
.a

. .r,t:..,

-,,,.

any . pt;rson to
whom an exclusive privilege has been granted under section 18, o r ahy
hbl&r.of:a. license granted under this. Act -makesdeCault.in payment of any
sum
in respA ofsuch privilege or license or ,in'complyingwith. any
. If

other condition thereof, the collector may take such,privilege or .the.,grant


expresstd in such license under management, or rnay re-sell such privilege
'
or grant 'at the risk and loss of the 'defaulter.
,

..

i
I
\

. (a)
I

II

5. All Excise .. revenue, in~luding any loss


tbt.may.accme .when, in consequence of default,. a ,pri.vilege,or.grant
. has
,..
Reeorery of dues.-3

been taken under management or re-sold by the C~llcctorunder section 34,


and all amounts due to .the State Goventment by any person on account
of any contract relating to thc Excise revenue, may be recovered from tlw
.person primarily liable to pay thc same or from his surety (if any) by distress
and sale of his movable property, or in the manner provided for the
recoveIy of public demands by any law for the time being in force.
Power of State-Governrne~tt to make rules.-36.
( I ) The Sta;e
for
the
purpose
of
carrying
out
the provisions
Government may make rules
of this Act or any other law for time being in force relating to the Excise

revenue.
(2) In particular . and without prejudice to the generality of the
foregoing provisions, the State Government may make rules-

(a) Prescribing the powers, duties, subordination and control of


officers of the Excise Department ;
,

0)) Regulating appeals and revisions and in particular(i) declaring the cases in which appeals
Sub-section (3)of section 8 ;

shall -lie

under

'

(ii) prescribing the time and manner for presenting appeals, and
the
for drhling with'ap&alr under sib-section (2)
and under sub-section (3) of k c t i o n 8 ;and

(iii) declaring, in case not provided for by the Act, the Excise
bfficers or classes of officers who shall for the purposes of

'

sub-section (3) of section 8, be subordinate to., or subject


to fhe-control of, the serveral authorites specjfiqd in that
sub-section ;
,.
(c)

Regulating the import, export, transport or possession of any


intoxicant ;
.
:.
,

:
.

i d ) Regulating the manufacture, supply, storage or sale of any


intoxicant ; and in particular
.
regulating<'
...
,

. . ,

' ( i ) the erection, inspection, ~upervisio~;


management and control
of any place for the manufacture, supply, storage, or sale
- .

19 1

of any such article ; and the fittings, implements and


apparalus to be maintained therein ;
{ i i ) the cultivation of the hemp - plant (Connabis sativa L.), the
collection of the sporltaneous growth of such plant, and the

preparation of any intoxicating drug from such growth ;


( i i i ) rhc bottling of liquor for sale ;

into xi can^ in ware-houses and the rcinoval


of such articles from ware-houses, distilleries or breweries ;

( r ) Regulating the deposit of

( j ) Regulating the periods which and the persons to whom licenses


fur the sale of any intoxicant may be granted and providing
for rhk selection of sites at which shops may be opened ;
to be followed and the matters to be
ascertained before any license for such, sale is granted in any
local area ;

fg) Prescribing thc

(h)' ~rescribing'inthe case o f any intoxicant the manner in which

8 .

the duty on such article shall be levied ;

ti) - Prescribing the scale-of fees or tbe manner k i n g the fees


payable in respect of any privilege, el license, permit or pass or
in respect of the storing of any intoxicant ;

I
!

j ) Prescribing thc time, place and manner of payment of any duty


-

'

or fee ;

. . (k) Prescribing the restrictions .: under and the conditions on which ,


any license, permit or pass may be granted, and in particular

providing for,

(i) the prohibition of the admixtare with any intoxicant of any


foreign substance ;
,

.,

(ii) the regulation or prohibition of thc reduction 'of liquor by


a licensed manufacturer or Iicensed vendor from a higher to
a lower strength ;
,
,
.

,
I

(ili) the fixing of the strength, price or quantity' in excess of or

below which any intoxicani shall not be supplied, sold, or


kept or exposed for sale, the fixing of the ,quantity in excess
oC which denatured spirit shall not be possessed, and the
fixing of a standard of quality far any intoxicant ; ,

(iv) the regulation or prohibition of the employment by the


liccnse-holder of any person or class of persons in or upoa
his business prcmiscs during business hnurs or tn assist him
in his business in any capacity whatsoever ;
(v)

the specification of the persons or classes of persons


whom any intoxicant may or may not be sold ;

to

(vi) the prohibition of sale except for cash ;

(vii) the prevention of drunkenness, intoicaiion, gambling Or


disorderly conduct in or near the business premises of the
license-holder and of the meeting or remaining of persons of
bad character in such premises ;
,

( v i i i ) the fixing of the days and hours during which such premises

may. or may not be kept open, and the closure of such


premises on special accasions ;

nature of the premises in ihich an);


into~icant'ma~
be sold a i d the notices to be expoied al such
premises ;

(ix) the specification ofthe

(x) the accounts to be maintained and


submitted by license-holders ; and

the returns to be

(xi) regujating or prohibiting the transfcr of licenses ;


(r) (i) Declaring the proccss

by which spirit

manufactured

in Zndia

shall be denatured ;
(ii) for causing such spirit 10 be denatured ihroagh the agency
or under the supervision of its own officers ;

(iii) for ascertaining whether such spirit has bccn denaturcd


193

(m) Providing for the destruction or disposal or any intoxicant decmcd


to be u d t for use ;

(n) Regulating the disposal of confiscated articlcs ;


(0)

Providing for the grant of expenses to witnesses ;

( p ) Regulating the power of Excise Oficer to summon witnesses from


a distance under the provisions of section 43 ; and

(4) Providing for the grant of cornpensation to persons improperly


arrested and subsequently released by any Excise Oflicer under
section 43 ;and persons charged bzforc a Magistrate with offences
under this Act and acquitted.
Explanations-Fees may bc prescribed under sub-clause [ j ) at different
rates for different ciasses of exclusive privilegcs, licenses, permiti, passes or
storage, and for different areas.
,

(31 Every rules made under this scction shall be laid, as soun as
may be after it is made, before the Nagaland Legislative Assembly while it
is insession for a total period of seven days, which may be comprised in
one session or in two successive sessions, and if, befdre the expiry o f the
sessions in which it is so laid or the sessions immediately fullowing, the
Nagaland Legislative Assembly agree in making any modification in the
rule or thc Nagaland Legis~ative Assembly agree that the rule shoutd not be
made, the rules shalt thereafter have cFTect only in such modified form or
be of no effect as tbc case may be, so however, that any such modification or
annulment shall be without prejudice to the validity or anything previously
done under that rule.

CHAPTER VIIl

PREVE~TION,DETECTION AN D INVESTIGATION
'

OF OFFENCES

Inspection of places of manuiactura and sale.-57.


The Excise
Cornmissioncr or a ColIector or any Excise or Police officer, not below
such rank the State Government may, by notification prescribe, may enter

I!

I
I

and inspect at any time by day or by night any place in which any licensed
rnanllfacturtr carfies on the aanufacture of or stores any intoxicant and
any place'in which any intoxicant is kept ibr sale by any licensed person
and may exanline uccouats and registers, and examine, test, me&ure ur
weigh any meubures, weights, resting innt-urnents, marerials, stills, utencils,
implements, appararus or iiaoxicant found in such place.
'

Subject to such
restriaions as the Slate Government may prcscnbe, any of the fokwiog
Arresr, seizure and search without warrant.-38,

persons, namely(1) any oficer emptoycd in Ex&,


police, Salt, dr Customs
Departments not below such rark as rhe State Government may p&s~cbe,

( 2 ) within such areas as the Slate Government may, by 'notikition,


direct, such ,offices as may be spzcitied in such notification,
,

(3) any othcr person duly empowered, and

(4) in any public plnce, any Bcisc or Police ofilcer, may-

any person found committing an


oBence punishable under section 53 or section 54;

(a) arrest without


8

wnrranL

(b) seize, detain and cany 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, and any document or other article which
he has reason to believe m y furnish evidence of the commission
of an offcnee punishable under this Act or under the Indianopium Act, 1878,(I of 1878) or under the Dangerous Drugs Act,
1930, (11 of 1930), and
(c)
,

detain and search any person up011 whom and any vessel, raft,
vehicle, -animal, package; receptacle, or covering in or upon
which he may have reasonable cause to suspect any such article
to be.

' A Collector or Magistrate baving r w o o to


believe that an affence punishable under sectiok 53,54,5 5,56,57 or 61 has
been or is likely to be committed may,
Issue of warrants.-39.
'

issue his wxrant for t


b selrch of any place in which h e has
reason to believe that any intoxicant, still, utensil, im'plerncnt,
apparatus or materials, in respect or which such offence .has bzen
or is likely to be comaitted, are kept or concealed, and

(a)

(b) issue his warrant for th: arrzjt or any person whom he has
reason to believe to have been or to be likely to be engaged in
She commissioo of any such offence.

Search and arrest in presence of Collector or Magistrate.40.


( I ) . A CoIIector or Mlgistrate may at any time search or direct a search to
be
made in ,,;>his przsence of any place for th= search of which he is competent
., . .
to issue a
search warrant-undersection
39.
.
- _ ._
,

. '.

.
,

' .

,,

(3.,!A..~ollector
or
.

Magistrate may at any time arrest or direct the


..
p m o n for whose arrest he
. is. competent at the?
arrest in his presence of any
time and in the circumjtances to i s s u ~a wArrant under section 39.
,

, - -

'

search, seizure
arrest following upon entry without warrant,
. 'and
:
emlrgenr ta3rr.-iL.
~ n y ' ~ x c i or
s ePolice-officer, n& below
rank
L

in

such

the - StBtci.Government may, by notification, prescribe, having reason to


believe and having recorded,the grounds of his belief that an ogencc under
53,54,55,56,57 or 6 1 has been, is being, or is likely to be committed
jik &? pl&; s&l that ,ais&rch-tvarrant cannot 6e:obtained without ifirding
1g1!:5~fi&6j
'in'opportiinit) of ''CsCapingO. r of. concealing evidence of the
&&; djy i t &iy
by:diy oi night..I . .
.',:I
. .
f.,*.
r . , : . r...
. , . ..,, : , . ...
!., :, ,.!. - . . .
. ..
.
.(a) cqttr into and search .such place ;
...I . I

,I

l,,:

I . .

'

(4)

,..
I

' ,

, .

..

.'

seize and carry away any thing Found therein which he bas reason
to belleve to be liable to confiscgion under this .Act and any
document or other article which he had reason to believc may
furnish :evidtnce of the commission ' o r act "offence :punishable
inder this -Act OF undcr tht lhdiin Opium Act, d878 '(1 af 1878)
or u n d h the Dangerous ~ h g Act,
s
1930 (I1 'of, 1930j'; and

(c)

dclain and search and, if he thinks ,proper, arrest any


,.<. penon
~ i j. u-i d i isucfi$pla& :&omhe &s rea&h'fd\'be~ieveto have
..
.
com'mihdd ady such
is"2br=iaid.
"
L

,)

;4,,

:}!::I

"

..

, ,

'

,.

,-

Power to investigate.-42.
(I) A Collector may, without the order
of Magistiate, in&'s,tj&k ah;' offence pukishabie urider this Act which a
~ o u hiving
h
jurisdibtildn bver the local area within the limits o f , such Collectoi's jurisdiction would have power to inquiie into or try under the ,provisions
of C h a F t c r ' ~of~ the Code of Criminal Procedure; 1898 (V of l898)+relating
to the place of inquiry or trial.
-(2) Any other Excise officer when specially enipowe?ed in this behalf
by the state Governinent in &speck of'a11dr any specified class- of offences
punishable under this 'Act, may, without the order of a Magistrate; invest&
gate any such offence which a Court having jurisdiction over the local arei
to which such oEcer is appointed would have power to inquire into or try
under the aforesaid provisions.
,

L y ' Collkiltbi 6r'0th;


officer empowered under the provisions of section 42, sub-section
,
. (21, having
recorded in writing his &ason foi susbecting the .cbkinission
,
, . , of
. , a i offence

Poweri of investigatinir dffi&r.--d3.

(i)

which he is empowered to investigate, may exercise the powers conferred


upon a police officer making an .investigation-orupon an - officer-in-charge of
police station by sections I60 to 171, of the Code of ,Criminal Procedure, 1898,
(V of 1898) add as regards off&ces pukishible undki sgctibns 5 3;54,55,56,57
and 61 of this Act, the powers conferred upon such Police officers, in respect
of cogniible -offences by the fjrst clause of sub-section (1) of sectioa 54 and
by section 56 of the said Code.
.
.
.. . .
,. . .
,,

(2)

I...

Subject

,.

tb,,:such.'iestrictio&

as', !he

r,:+r4t;lj!>j<

,,:4.;<;

1
i

s&te Government
-..,
(:r.mq.
J

>

..<'i,!,<

pki&b< a ~ollector'dr,'wii&
the'previoui periiissibn of the CoIIectbi but
... ,
,

'

otherwise, any other oficer specially empowered under iection 42 may,


without reference to a Magistrate and for reasons to .be record,ed by him in
writing, stop . furt-herproceedings against any p.e,rson.;concerieh'orsupposed
,.
to be coqcerned in any offence which he has investigated.
. .
-_..
(3) For the purposes of the provisions of section 166 of tlie CO& 0i'
Cr,imigaJ,,Procedure,;1,898, (Y of. 1898) the area -to*-which :ap>#
officer:,sgecially
empower$$, under sec!ion . ..52l
I,. Sub-seqion ( 2 ),is ,appointe,d,shal,la .be.
, I . . -dee
,,
yed
. \o
be a pblice
,
. staiibn, ahd
, . such affieer the officer-i&char& ?f suchstatiop-

. I

> . . , ,

, , , , . ,

.,
*.
.,. . . - :
. ,:
. r, ,
t, ,,. - - -: i
)',"
AS soon as an investigation under sectiqn 42 has been icompleted,
if it ap$iibthai there is sufficienf
,,..-,, ,. -evidence
. - td justify thk f&&ding of
nceur&'td a &lajislrate, the' ~nvestigiting officer, when he do& n6t- p&&cd

,i'.

'

(4)

-,

li7'

~i,'

.
,

under sub-section (2) or under section 70, shall submit a report,, which for
the purposes of Section 1'90 of thc Code of Crimina! Procedure, 1898, (V of
1898, shall be deemed to be a pol~cercport, in such- form as the State
Government may prescribe to a Magistrate having jurisdiction to inquire into
or try the case and empowered t o take cognizance of offences on poi~ce
report.
Production of persons arrested o r articlas seized.--&.
( I ) Articles
seized and, unless security for their appearance before the Collector be
taken, persons arrested under the warrant of a Collector shall be produced

before such Collector.


(2) Articles seized under the provisions of sections 38 and 4l;and
persons arrested under the said provisions by persons or officers not
empowered to accept bail shall be produced before or forwarded to{a) the Collector or other officer empowered under section 42 to
investigate the case ; or

(6) an Excise officer empowered under section 49 to accept bail ;or


(c)

the officer-in-charge of the nearest police station, whoever is


' nearest.
.

(3) When a person arrested is produced before an Excise officer


empowered under section 49 to accept bail, or ,before an officer-in-change of
a police station, such oficer shall forward such person to, or take security
for his appearance before, the Collector or other dfficer empowered under
'section 42 to investigate the case.
(4) When articles seized can not be conveniently conveyed before
the 0Ffice.r specified in sub-sections(I) and (2), the person making the seizure
shall dispose of them in some place o l safety and forthwith report the seizure
to such oficer.

-Polies custody of article seized.-45. ( I ) All officers in-charge


of police stations shall take charge of and keep in safe custody, pending the
orders of a Collector or other officer empowered under section 42 to
investigate the case, all articles seized under this Act which may be delivered
to them ;and shall allow any Excise officer who may accompany such articles
to the police station or may be deputed for the purpose by an official superior

to

affix his seal ta such articles and to take samplef of and from them.

(2) All samples so taken shaIl also bc sealed ,with the seal of the
officer-in-charges of the police statioc.

When any Excise


rank of Collector or the officer-sin-chargeof a police station

R e p o r t of arrests, seizures and searches.-46.

officer below 1Ile

makes or receives information of any arrcst, seizure or search under this Act,
he shall, within twenty four hours thereaficr, make a fuU repo~tof all the
pajqiculars nf the arrests, seizure or scorch or of the infurmation received to
the Collector, and to the other officer, if any, empowered under sektion 42,
sub-section (I), within the local limits of whose jurisdiction the arrest, seizur~
or search was made.

Procedure in exccutitig warrants and in making arrest and


searches.-47. ( I ] Save- as in this Act othenvise expressly provided, the
provisions or the Code of Criminal Procedure, 1898 (V of 1898), relating
to arrejts, searching warrant^ of arrest and searches, warrants shall apply,
so fat as m y be, to like wanants issued and to arrests and searches made
under the provisions of this Act

(2) For the purposes of the aforesaid provisions a Collector shall be


decmed to be a Court.

I,

(3) Warrants issued by a CoiIector shall ordinarily be directed to onc

or more Excise officers.


(4) Ofticers to whom a Collector's warrant is directed or endorsed,
and officers other than Collecrors making arrests, searches and seizures
under section 38 or section 41 shall for the purpose of tbc aforcxiid provisions
of the Code of Criminal Procedure 1898 (Y of 18P8), be deemed to be police

officers.
Maximunl period -of detention.-48.
No pcrson a r m t d under
the provisions of this Act shall be detained in custody for a longer period
than under all the circumstances of the case is reasonable, and such pwiod
shall not exceed twentyfour hours, arclusivc of the times necessary for the
journey from the place of arrest to the place where a ColIeitor or other
officer empowered under section 42 to investigate the case may be, and

thence to the Court of a Magisirate having jurisdiction to inquire into or


try the case.
Bai1.49. ( I ) When a Collector issues a warrant for the arrest of any
person under this Act, he shall in every such case direct in the manner
provided in section 76 of the Code of Crimiml, Procedure 1898 (V of 18981,
that such person shall be released From custody on bail or, if the Collector
thinks fit, on his own bond.
(2) When any person is arrested, otherwise than under a warrant,
under this Act and is prepared to give bail, he shall be released on bail, or,
at the discretion of the oflicer releasing him, on his own bond.

(3) All Excise officers, not below such rank as the State Government
may prescribe, shaU be empowered to accept bail.

(fl If the arrest be made, otherwise than under a warrant, by a


pcrson or omcer not ernpowered to accept bail and the pcrson - arrested is
prepared to give bail, the officer or person makiag the arrest shall, for that
purpose, take the person arrested to(a) the nearest Excise officer empowered to accept bail, or
--

(6) the nearest officzr-in-chargeaf a police station, whoever is nearer.

(5) Bonds taken under this section from persons airested otherwise
than under warrant shall bind such persons to appear before a- Collector or
other ofbcer empowered under section 42 to investigate the case.
(Q The prDvisions of sections 498 to 502, 513, 514 and 515 of the
Code ,of Criminal Procedure, 1898 (V of 1898), shall apply, so far as may be,
i n every case in which bail is accepted or a bond taken under this section.
'InFormotion .and aid to Excise offlcarr.-50.
.
.
Subject to such
conditions (if any) as the State G-overnment may, by notification, prescribe,
every officer employed in the P a l i ~Salt, and Curtarns Departments, and
every Gaonburah and within such areas as the ,State Government may, by,
notification, direct spch,oflicers as may be specified in such notzcation, shall
be bound,-

'

(a) to give immediate infor~uationto an Excise ofizer of all breaches


of any of the provisions of rhis AcL which m a y come to his

knowledge, and
I

aid any Excise officer reasonably demanding his aid in lhc due
carrying O U ~of any of the provisions of this Act.

(b) to

Obligation on landholders and others t o give information in


certain cases.-51.
In such areas as the Statc Governmet~t may, by
notification, direct, and subject to such condition6 and exceptions (if any) as
it may, by notification, prescribt, whenever any intoxicant is manufactured,

or any hemp plant is cultivated or collected, on any land, or in any place s r


village, in contravention of the provisions of this Act, all owners or occupiers
of such land or place, and their agents, and all mcmbers of village councils,
gaonburahs, mauzadars, mandols and other village authorities in such village,
as the case may be, shall in the absence of reasonable excuse, bc bound to
give information of the fact to a Collector, to a Magistrate or to an officer a l '
the Excise, or Police Department as soon as such fact may come to their
knowledge.

The closing of retail sh0p.s for preservation of the public peace 52. (1) Thc Deputy Commissioner or a Magistrate may, by norice i n writing
t o the Licensee, require that any shop in which any inroxcicant is sold by
retail shall be closed at such tirncs or Tor such periods as thc Deputy
Commissioner or Magistrate may deem necessary for the pr:servaiioi~
of the public peace.
,

I
I

'

(2) If any notice or unlawful assembly is apprehended or occurs in the


vicinity o f any such shop, any Magistrate, or any police officer above the rank
of constable who is present, may order the person ill charge tl~crebf to keep
it closed ,for such period as the Magistrate o r Police oficct' may think
necessary ;

Provided that ito shop. shall be kept closed under this sub-section for
a bnger period than 48 hours wi~houtthe order of a Magistrate.
.
. .
,
( 3 ) . When any Magistrate or Public officer makes a requisition or
direction uqder sub-section (lj or sub~stctiun(2j, he shall forthkith repofi
the fact to the ~ollectorhaving jurisdiction is tl~c local arids in 'which the
, .

20 1

shop is situated.
(4) Thc Excise Commissioner may gram to the licensee of a shop
kept closed under sub-section ( I ) or (2) such compensation as he may tbink
lit.

CHAPTER 1X
PENALTlES ABD PROCEDURE

53. Whoever, In contravention of this Act or of any rule, notification


or order made or issued under this Act, or OF any Iicense, permit or pass
granted under this Act.
(o) imparts, exports, transports, manufactures, possesses or sclh any
intoxicant ;O r
\

(b) cultivate:, collects, or 3clin the hem; plant (Cdnnsbis raliva) ;or
{ c ) constructs

or works, any distillery or brewery ; or

(cl)

uses, kecps

or has in his possession

any materials, stiII, utensil,


whatsoever for the purpose af

implement or apparatus
manufacturing any intoxicant ;or

(el boilles any liquor for purposes of sale,


shall be punished with irnptisooment which may extend to two
years and with fine and rhe convicting Magistrate shalt dircct the oseider to
be mprisarii'd in default OF payment of fine for a term which may extend to

and such imprisonwnt shall bt in addition


irnprisonmcnt to wbicb be may have been sentenced,

one ' year

to

any other

Unlawful possession in certain cases,--54.


Whoever without lawful
authority has in his possession any quantily of any intoxicant knowing tbe
same to have been unlaulfully imported, transported or manufactured, or
knowing that the prescribed duty has not been paid thereon shall be punisbed
with imprisonrncnr for a ielm which may extend to two years or with a 6nc,
or with both : and, where a fine is i'mpostd, tbr convicting Magistrate shall

. .

dircc~thc offcnder to bc ilnprisoucd in derault of paytnznt of fine for a term


which may extend to onc year, and such imprisonment shall be in addition to
any other imprisonment to which he may have been sentenced.
Penalty for altering or attempting to alter any denatured spirit.-

55. Lf any person alters or attempts to alter any denatured spirit, whether
manufactured in India or not, with thc intention that such spirit may be used
for human consumption whethcr as a beverage, or, internally, as a medicine
or in any other way whatsoever, by any method whatsoever, or has in his
possession any spirit in respcct of which he knows or has reason to believe
that any such alteration OF attempt has been made, he shall be liable to
imprisonment for a term which may extcnd to one thousand rupees, or with
both.
~dulteration,etc.-56.
Whoever, being the holder of license, permit
or p s s 'granted under this Act, or being in the employ of such holder, wilfully
contravcncs any rule made under seciion 36 (2) (I), (i), (ii), and pii) shall be
punished 'with imprisonm:nt which n l l y extend to two yedrs, or with h e ,
or with both : and, where a fine is imposed, the convicting Magisuare
direct the offend&' to' be imprisoned in default of payment of fine
for a term which may extend to one year, and such imprisonment shall
be in addition to any other imprisonment to which he may have been
sentenced.

Fraud by licensee o r his servant.-57,


Whoever being the holder of
a .license, permit -or pass granted under this Act, o r being in the employ of
such holder(0)

keeps or exposes for sale, as,foreign liquor any liquor which he


knows or has reason to believe to be country liquor, or

(h) parks or otherwise deals with any bottle, case, package or other
receptacle containing country liquor, or marks the cord of any
such bottle, with the intention of causing i! to be believed that such
bottles, case, packagc or other receptacle contains foreign liquor
shall be punished with imprisonment for a term which may
extend to three months, or with fine which may mtend to five
hundred rupecs, or with both.
,,

203

'

Breach of rule or condition o f license.-58.


U'hocvcr being the
holder o f a license, permit or pass granted under this Act, or being in the
empIoy of such hoirlcr and acting on his bthalffails to prndoce such license, p c ~ ~ nor
i i pass on the demand of any
Excise Oficer or o f any other officer duly empowered to make
such demand ; or

(a]

this Act wiliuily


contravenes any rule made under section 36 or wilfully does or
omits to do anything in breach of any of the conditions of such
license.
or p a s s ' shall bc
in case lo) with fine
.
which n h y extend to fifty ruices, and in case (b) with fiie which
may exteod to five hundred rupees.

Ib) i n any case not olhenvisc provided for in

- . Liability of license for oflenca committed by his agent.-59.


The
holder1of4a,-lic2nse,permit 'or pass granted under this Act-shall 'be punishable
as well *as rhe actual offender, for any offence punishable under sections
53, 54,*55, 56, 57 -or58 committed hy kn9 dirsoi in his L p l o j nod actihg'
oii,hisbehalf, as if he bad himself comrnitted such 'dffente, unless'he'estab
liihts that, -alldue and reasonable precautions were exercised bjl him t o
prevent the &rnrnission of such offence :
!

I;

. '

Provjded that no pcrson other than the actual offender shall be gunished
with imprisonmeat except in default of payment of fine.
,
,
.
,.
,
. . - . -.,.., - . -.
- "'
.,.

<

Import, -export, .transport, q?nufnnure, ral? ,or ponesribn ,by


per'ibn on account of anoth=r -60 ( I ) When any intoxicmt has
,

oAk
bccn imported, exportcd, transported, manufactured or sold or

possessed
by any pcrson, on account ofany other person, and such
other
pcrson
knows
..
.
,I .,..,..
or 'has r c a r o i r r o , ,: ibar
. set! import, a p o r t. , traniport,
_ , .,. .rnanufa&uw or
sale was, or that such +sscssion is, on his accounr, the article shall for the
purposes of lhis Act, be deemed to have, bcen imported,
, . . . . . exported, transported
rnanu'hctured or sold by,'br &'be in rhe possession of, such other ~erson.
.,

<,

-:I,ll

. I

shai! absblieany dersdn who imports,


pokessibn of 'an inioxicant on
exports, transPo&; m a n ~ f ~ d i ~sill4
~ e s or
,
account of another person from liability to shy punidhment under this Act for
( 2 ) Nothing

iji

suh-se~tion( I )

the unladul iinport, export; transport,


such article.

manubcturc, ' J I t ''or possession


'

..

1 .

'.'

..

of

Consumption of intoxica.ats,, in druggist,. s h o p . 4 1. [ I ) 1f any


chemist, druggiur, apu thecar y or kecpcr of a dispcnjary allow.., any intoxicant
which has not becn butiafiec medicated, .to be., consumed o n his business
premises by any person not employed in-hts business, he shall be punished
with imprisonmeni For a term which may extend to three rnonihj, or wuh line
which may extend to one thousand rupees, or with b o ~ h .

(2) If any person not employed as aforeraid consumis" any such


he shall be pu nishcd ivith fine which may' 'cxtcidintoxican[ on such
to two hundred rupees.

Vexatious search, seizure, detention or arrest or refusal of duty,


on part of Excise offleer.-62.
Whocvcr, beiug'an ~ x c i s 'e
.
.
' , ' I .
eficer :-

or cowardice

* . I .

'

......I

(a) without reasonable grounds of suspicion, searches or causes to bc


searched ,anyplace, under colour of exer~isjngany ,power cqpfcrred
.
.
by t h i ~&t iqr
. . ,
, . ' .
. .. . .,. .
,.
r
. .>.i
,

f .

(b) rcxatiously and unnecessaiily seizes any'propertyof any pefsbn OR'


' 'ilk pretence of' seizing o r , starching for any article'liable "im'
-.
,.
.,;::
codkcation under this Act ; or .
' .'. . .
, . . a

'

-(c)
-

,veqtiously- and unnecessarily detains, searches or, ,arrcsjs any


...
:,
:
person ; QT
. . ..
,.

, .

'

. ,

I .

"'

.:.

: . . * l r . l ! , l

:..

!r;t.,-

u r l

..r

.I

r...

, ,

"'

(e)

. .

( d ) wiihout lawiul excuse ceases


or refuses fo per10rrn
dr wi~hdraws.
,.;,,. . . .
: .
hiq$elf fkrn .t$~:.duticsof hip offiid,
&.less
,cxprarlyand
in
.
:.. .
. . - ,, . :
- * , -'
. riiiini
... ,. -. aiib;~jd
lo
rorGy 1". Coll~t?r, or 5 n l ~ h,e,rh,hll*,
s
.
girep fo his irnmedia& superior !<o
notic= joyriling4 of
. . -h i,s. intintion
.
,
to do
. so
.
; or
-.
'-,

.
..

:.:

'

is guilty or cowardice, shall be punished,with irnprisonnient ror:


term which rnay extend to three rnont9, or,with fine which may
. ('I
' * ' '!
=itend to five hundred rupcfs, dr with boil;.
i

a
,

,,

..

'...

,
:

,:

Puni:hypt for all;wjni


,premi{.y
I .
tp
, b c usid
,. - .
for
cpymisrio;,
, , , ,.
Wboever, .being the
, . .,jyncr
. I : I - , -or wcupicr. or having.
~f an 4ffence.-63.
., ,
i r e af h i y houri, rook,
yesseb vehicle
p!ake, knobiingly
I-;
bthei
person
OF
an
oFfe;;'ce
permits it to be used for the cdhmissiGn by ' i n
..),

,enclosure,

:the:

punishable under swtian 53, yctign 54 or s ~ t k 55,


n shall Ge pun$hyd with
imp;ison&nt which may extehd to two years, or.with fine,
wjth @ t h , . .
,

ORences not specifically provided for.-64.


Whoever, in any case
not otherwire provided for under this Act, witfully contravenes any af the
provisions of this Act or of any Rule, notification or order made or
issued thereunder shall be punished with fine which may extend to two
hundred rupcts

Attempts-65.
Whowcr attcnlpts iu commit any offence punishable
under this Act shall be Ihblc to the puni~hmcntprovided for such offence.

Abetments.-66.
Whocver abets an offence punishable under
this Chapter shall, wherhcr such offence be or be not committed in
con!equence of such abetment, and notwithstanding anything contained in

section 116 of the lndian Penal Code, (XIV


punishment provided for the oflccace.

of 1360) be punisbed with the

. Enhanced punishment after previous conviction.-67.


tf any
person, after having been previously convicted of an offenck punisbabk under
sections 53, 54, 5 5 or 61, subsequently commits and is convicted of an
offence;punishabIe ynder any of thosc sections. he shall be liable to twice
the punishment Arch might be imposed on a first conviction under this Act.
Smouriq for abitalning from commission of oartain offence.--68.
( I ) Wbcnever any person is convicted of an offence punishable under section 53,
scction,54, section 55, scction 56 or smtion 61 and the Court convicting him
is of'opinion that it is necessary to require such person to execute a bond for
abstaining from the commission of offences
under rhose sections,
the Court may, at the time of passing sentence on such penon, order
him
to execute a bond for a sum proportionate to his means witb or without
sureties, for abstaining from the commission of such offences during such
pcriod, not exceeding three years as it thinks fit to fix.
,

(2) T h e bond shall be in the form contained in the Schedule and


the provisions of the Code of ~rimin+dl
~roczdure,1898, (V of 1898) shall.
in so far as they are applicable, apply to all matters connected with such
bond or with the non-execution thereof as if it were a bond to keep the +ace
.
ordered to be executed under section 106 oi that Code.
' I

'

(3) If the conviction is set aside on appeal or otherwise, -the bond

so executed s~aH,becomevoid.

206

i
1'

(4) An order under this section may also be made by an Appellate


Court, or by the High Court when exercising its powcrs ofrevision.

Initiation of prosecution.--69.
cognizance of an offence punishable;

( 1 ) .No Magistrate

shall

take

(a) under sections 53, 54, 55 or 6 I cxcept on his own knowledge or


suspicion, or on the complaint or report of an Excise OiKacr ;

(6) under sections 56, 57, 58 or 64, cxcept on the complaint or report
of a Collector or other officer cmpowcred under 3cction 42,
sub-section (2) to investigate the case ; or
under clauses ( d ) and (e) of section 62 cxcept with tlrc sanctioa
of the Deputy Commissioner.

(c)

(2) Except with the special sanction of the Statc Government no


Magistrate shall take cognizance of any offence'punishable under this Ax,
unless the prosecution is instituted within ,six months alter the commission
of the offence.

Magistrates empowsred to t r y a s e s u n d ~ , r this Act.-70.


0ffenie.s under this Act shall be triable only by Magistrates exercising
powers not less than those of a Magistratc of second class.

Presumption.-7I
( I ) Whcn in any prosecutions urider this Act
er in any proceedings taken under scction 75 ~ub.scction( j , the question
arises whether an offence punishable under this Act has been comrnittcd in
respect of1

(a) any intoxicant or hemp plant (Connabis Sativa); .

(b) any still, utensil, implement or apparatus whatsoever for the


manufacture of any intoxicant; o r

any materials such as are ordinarily used in the manuracture or


nny intoxicant. if the person found in possession thereof fails to
. account satisfactorily for such possession;
it may be presumed, until the contrary is proved, that his
possession was*in contravention of the provisions of .this Act.

(c)

-I'

(2) When in any prosecution under section 58 any licensed vendor


i s charged with permitting drunkeness or intoxication-in his shop or in any

public roo& df his busincss premises, and it is proved that any person was

NAGA'LAND
Cane

NAGALAND
ACT 7 OF 1967

d urlk or intoxicated in such .shop or room, it shall lie on such vendor to


prove that -he and the persons employed by him took all reasonable step
for prevenring drunkeness or intoxication in such shop or room

Presumption ns to offence under section 55 i n certain cares.-72.


In prosecutions under section 55, lyhen the accussed person is proved to
have bccn in possessiorl of ally spirit v h ~ c h is, or contains, or has been
derived from, denatbrcd spirit. and in respect of which 'any such alteration
altempt as is referred t o in sec~ion 55 has been made, it may, from the
mcrc'fact of such possession, be presumed, ur~lessand until the contrary
i s proved, that such person(i)

has himself made sllch aItera(ion or attempt ; or

( i i ) knows or has rearan to believe that rucd alteration or ?ttsmpl

has been made.


Presumption a5 to,anyspirit which contains any denaturant.-73,
In any prosecution under this Act, it may be presumed unless and
until 11lc contrary is proved, that any spirit which contains any-quantity. of
any denaturant is, or has been derived from denatured spirit.
Liability t o conilrcation.-74.
Whenever an offence punishable
under this Act has been committed, the following things shall be liable to

confiscation, namely-

hemp plant (Connabis sativa), still, utensil,


implement, apparatus or materials in respect of or by means. of
which such offence has been committcd ;

(a) the intoxicant

( b ) any intoxicant liwrully imported, transported, manufactured and


in possession or sold along with any intoxicant liable to
confiscation as aforesaid ;-. ,
. . .
,

.
( c ) the receptacle, packages, and

coverings, in which anything,


liable to confiscation under clause (a) or clause (b) is found
and the other contents, if any, of such receptacles and
packngcs ; and
..

(dl, lhe animals, carts, vessels, mfts or other convty'anccs used in


carrying anything referred to in the foregoing
, .
. clauses';

Provided than when it is proved that the r e c e p e e s or other articles


specified in clauses (c) .and ( d l are not the property of the offender, tfie said
articles shall not be liable to confiscation if. thc owner thereof establishes
that he bad no reason to believe that such offence was being or was likely
to be conlmittted.
, ' ;
procedure in regard to articles liable to eonRscation.-75.. . ( I )
When in any case tried by a Magistrate, the Magistrate decides
agything is liable to confiscation under section 74, he shall order such thing to
be confiscated and placed at the--disposal of the Collector. '

wt

i.

..

(2) When in any other case in w h i ~ h anything has been seizedunder


this Act an investigating officer proceeds under section 43, sub-section.(2),
the Collector; upon an iuvestigatiop made, whether by the Collector or
other officer under section. 42, is of opinion that the thing seized.
i's not liable to confisca~ionunder section 74 such investigating officer or
Ihe Collector, as thc case may be, sbaIL order the delivery of such thing to. the
person from whose possession it was taken.
(3) Wheu upon an iqertig;t.ion
mid=,ar aforesaid it appears to the
{his A c t ' $ h j s -bien committed, and that
Collector that an offence
anything seized under this Act is,liable tci '&n6ncatioo and it further appcars
that the offender is not knpwn or cannot b e f&d, the Callesror shall inquire
into and determine the case arid, if he finds 'bat the think is liable to
confiicatidn .under sectiod 74 shall order such confiscation ;
,
"
" . ..
. .
provided that no such order shall bc makc uotd thdc?pirntion of two
months from the date of seizing the thing intended to b,e confismted or
without hearing any pnspp who may appeal, within thd period anb claim any
right to such thing, and evidence if any,
,
. which he prqduces in support of his

claim ;
Provided further, that if the thing in qucstion is liable to speedy and
natural decay, or if the Collector is of opinion that itssale would be for
the benefit of the' ownir, t& ~o.ilcctormay at ady time direct it to be sold ;
and the provisions of this sub-seztjon and of subsection (2) shall as neaii) as
may be p~acticjble, upply to thc net procccds of such sale.

( I ) When any license, permit


or pass is liable to be cancelled or suspended under clause ( a ) or clause (b) of
section 29, sub-se~tion(1) or wh-n any person is reasonably suspected of
Power to compound offences.-76.

POP

having committed an offence under this Act other than ad offencc under
section 62, the Excise Commissioner or a Callector, instead of enforcing such
cancellation or suspension or instituting a prosecution in respcct of such
offence, may accept from the holder of such license, permit or pass or from
such person a sum of money not exceeding five hundred rupees, and thereupon such holder or person, if in custody, shall be discharged, and no further
proceedings in r ~ p c c or
t such liability or offence shall be taken against him :
And if in any such case any property has been seized as liable to
coafiscation under this Act, the Excise Commissioner or the ColIector may
release the same on receiving payment of the value thereof as estimatid by
him, or of such sum smaller as he may think fit.

(2) The Excise' Commissioner or Collector may also. after the


institution against any person of a prosecution in respect of any offence under
this Act other than an offence under section 62, compound the offence on
payment'by such person of a sum of money not .exceeding five hundred
rupees.
SCHEDULE
BOND TO ABSTAIN FROM THE COMMISSION OF OFFENCES
,

UNDER THE ACT


(See Section 68)

day of

WHEREAS I (.tame), inhabitant of (place), have been called upbn to


enter into a bond to abstain from the commission of offences under section
53, section 54, sect ion 55, section 56, and section 61 of the &galand Excise
~ c t ,1967, for the term of I hereby bind myself not to commit any such offence during the said
term and, i n case of my making default therein, 1 hereby bind myself tm
forfeit to the State Government the sum ot rupees
Dated this

19
(Signature)

(Where a bond with surties is to be exmuted; add-)


Wc do hereby declare ourselves suretiff for. thc above named that he
wilt abstain from the comission of offence, under section 53, section 54,
section 55, section 56 and section 61 of the Nagaland Excise Act, 1967, during
the said term ;and, in case of his making default therein, we bind ourselves;
jointly and severally, to forfeit to the State Government, the sum of rupees.
Dated this
datc of
19
.
(Signature)

THE NACALAND EXCISE (AMENDMENT) ACT,


1980
(NAGALAND ACT NO. 3 OF 1980)
{Received the arsenl of f i e Governor on 5th Mq, 1980)

Act

further to amend the Nagdand Excise Act, 1967.


Preamble.
Whcrcas it

is expedient todarnendthe Nagaland Excise Act, 1967

in the manner hereinafter appearing :It is hereby enacted in the thirtieth year of Republic of India as
follows :1. Short title and commencement.

(i) This Act may be called thc Nagdand Excise (Amendment)


Act, 1980.
(ii) It shall comc into forceon such date as the State Government
may by notification appoint in this behalf.
(iii) It eKtcnds to the whole of Nagaland.
(i) The existing sub-sec~ion(L5) of Sec. 2 (Amendment of Sec.
14) shall be deleted and in its place the followiag shall be
substituted :

(15)'Intoxicant' means any liquor or intoxicating drug.


(ii) The existhg sub-section (17) of Section 2 shall be delered
and in its place the following shall be substituted.:
(17)'Liquor means intoxicatiog 6qrror and includes aU Equid
consistig of or containing alcohol and also any substance
which the State Government may by notification dtclarc to
be liquor for the purposes of this Acl.
3. The existi& sub-section (e) ol section 14 (Amendment of Sec.
14) shall be deleted and in its place the following shall bc
substilutcd :

(c)

or have in his possession any


rnateriah, sliU, Jlcnsds, implements or apparatus whalsocvcr

No person shall use, keep

for the purpose of manulacluring of any intoxicant including


ZU and ROHI :
"Provided that nothing in sub-section (c) and (e) shall apply in
rcspect of'ZU' and4ROH1'in the areas other than town boundaries
af the administrative headquarters :
"Provided further that nothing in Clause (e) shall apply ici respect
of production of 'ZU' and 'ROHI' for domestic consumption in
all areas in the Slate."