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State of Telangana - Section

Section 8 in Telangana Excise Act, 1968

8. Excise Department - Prohibition and Excise Department

[vide. Act No.17 of 1995.].]] means the Commissioner, the Collector or any officer or other person lawfully appointed or invested with powers under the relevant provisions of this Act;[(11-A) "District Prohibition and Excise Officer" means the Prohibition and Excise Superintendent or Assistant Prohibition and Excise Superintendent or any officer lawfully appointed or invested with powers under the relevant provisions of the Act.] [Inserted by Act No.32 of 2017.]
(12)"excise revenue" means revenue derived or derivable from any duty, fee, tax, rent, fine, penalty or confiscation levied, imposed or ordered under the provisions of the Act or any other law for the time being in force relating to intoxicating liquors or intoxicating drugs;
(13)"excise tree" includes the tree of mohwa, coconut, palm, palmyrah, date, bagani, sago, sendhi or any tree of the species of palm or palmyrah, from the fermented or unfermented juice of which toddy or liquor can be prepared;
(14)"export" means:-
(a)to take out of any area of the State to which this Act extends to any other area of the State to which this Act does not extend;
(b)to take out of the State otherwise than from a Customs station as defined in section 2 of the Customs Act, 1962;
(15)"foreign liquor" includes every Liquor imported into India other than [Indian Made Foreign Liquor] [Throughout the Act, for the words 'Indian Liquor', the words 'Indian Made Foreign Liquor' substituted vide. Act No.17 of 2006.] and arrack;
(16)"Government" means the State Government;
(17)"import" except in the phrase "Import into India" means,-
(a)to bring into any area of the State to which this Act extends from any other area of the State to which this Act does not extend;
(b)to bring into the State otherwise than from a customs station, as defined in section 2 of the Customs Act 1962;
(18)[ "Indian Made Foreign Liquor" means liquor produced, manufactured or compounded in India after the manner of Gin, brandy, whisky or rum imported from foreign countries and includes Wine, Beer, Milk Punch and other liquors consisting of or containing any such spirits, but does not include Foreign Liquor;] [Substituted by Act No.17 of 2006. Central Act 52 of 1962. Central Act 52 of 1962.][(18-A) "in-house" means the privilege granted under the Act for sale of [Indian Made Foreign Liquor] [Inserted by Act No.35 of 2005.] and Foreign Liquor by club, Guest House of [Telangana State] [Substituted by G.O.Ms.No.162, Revenue (Excise-II) Department, dated 10.09.2015.] Tourism Development Corporation, Military Canteen, Airport Transit lounge for International Air passengers;]
(19)"intoxicant" means any liquor as defined in clause (21) or any intoxicating drug as defined in clause (20) and includes gulmohwa (that is, mohwa flower);
(20)"intoxicating drug" means,-
(a)the leaves, small stalks and flowering or fruiting tops of the Indian hemp plant including all forms known as bhang, siddi or ganja;
(b)charas, that is, the resin obtained from the Indian hemp plant which has not been submitted to any manipulations other than those necessary for packing and transport;
(c)any mixture with or without neutral materials of any of the above forms of intoxicating drug or any drink prepared therefrom; and
(d)any other intoxicating or narcotic substance which the Government may, by notification, declared to be an intoxicating drug, such substance not being opium, cocoa leaf or manufactured drug as defined in section 2 of the [Narcotic Drugs and Psychotropic Substances Act, 1985 (Central Act 61 of 1985);] [Substituted by Act No.20 of 1994.]
(21)"liquor" includes,-
(a)Spirits of wine, denatured spirits, methylated spirits, rectified spirits, wine, beer, toddy and every liquid consisting of or containing alcohol; and
(b)Any other intoxicating substance which the Government may by notification, declare to be liquor for the purposes of this Act;
(22)"manufacture" includes every process, whether natural or artificial, by which any fermented, spirituous or intoxicating liquor or intoxicating drug is produced, prepared or blended and also re-distillation and every process for the rectification of liquor;[(22-A) "material" includes molasses, wash and such other substances as the State Government may, by notification, specify; [Inserted by Act No.12 of 2005.](22-B) "molasses" means the heavy, dark coloured residual syrup drained away in the final stage of the manufacture of jaggery or sugar or khandasari sugar cane or gur containing solution or suspension, sugars which can be fermented and includes any product formed by the addition to such syrup of any ingredient which does not substantially alter the character of such syrup but does not include any article which the State Government may, by notification, declare not to be molasses, for the purpose of this Act;]
(23)"notification" means a notification published in the [Telangana] [Substituted by G.O.Ms.No.162, Revenue (Excise-II) Department, dated 10.09.2015.] Gazette, and the term „notified? shall be construed accordingly;
(24)"place" includes a house, building, booth, shed, enclosure, shop, tent, vessel, raft and vehicle;
(25)"police station" includes any place which the Government may, by notification, declared to be a police station for the purposes of this Act;
(26)"prescribed" means prescribed by rules made under this Act;
(27)"rectification" includes every process whereby spirits are purified or are coloured or flavoured by mixing any material therewith;
(28)"sale" or "selling" includes any transfer otherwise than by way of gift;[(28-A) "Shop" means the privilege granted under the Act for the exclusive sale of [Indian Made Foreign Liquor] [Inserted by Act No.35 of 2005.] and Foreign Liquor in sealed or capsuled bottles or packages or tins to an individual in quantities not exceeding the limits as prescribed without permitting consumption on the licensed premises;]
(29)"spirit" means any liquor containing alcohol and obtained by distillation, whether it is denatured or not;
(30)"toddy" means fermented or unfermented juice drawn from an excise tree and containing alcohol;
(31)"transport" means to move from one place to another within the State, whether or not the intervening area lies wholly within the State, [and includes, to move from a place outside the State to any other place outside it through the intervening area lying within the State;] [Added by Act No.10 of 1989.]
(32)[ "Wash" includes fermented wort or a dilute solution of sugar from which spirit is distilled.] [Inserted by Act No.12 of 2005.]