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[Cites 0, Cited by 36] [Entire Act]

State of Andhra Pradesh - Section

Section 2 in Andhra Pradesh Excise Act, 1968

2. Definitions.

- In this Act, unless the context otherwise requires,-
(1)"arrack" includes all liquor produced or manufactured in India and supplied by the Government other than foreign liquor and Indian liquor;
(1A)[ "Bar" means the privilege granted under the Act to an establishment, where food is served, for sale of Indian Liquor and Foreign Liquor in loose for consumption on the licensed premises;] [Inserted by Act No. 35 of 2005, dated 26.10.2005.]
(2)"beer" includes ale, stout, porter and all other fermented liquors usually made from malt;
(2A)[ "Bona fide purpose" means the privilege granted under the Act for the sale or use as the case may be, of any intoxicant, any material or any liquor and does not include Indian liquor, Foreign Liquor and Toddy;] [Inserted by Act No. 35 of 2005, dated 26.10.2005.]
(3)"bottle" means to transfer liquor from one cask to another cask or from a cask or a vessel to a bottle, jar, flask, pot, closed packet, basket, tin, barrel, case, receptacle, bag, sack or wrapper or any other receptacle in any form in which any intoxicant is packed for the purpose of sale whether or not any process of manufacture is employed, and includes rebotting;
(4)"buy" or "buying" includes any receipt including gift;
(5)"Collector" means the Collector of a district and includes the Joint Collector or any person appointed by the Government to exercise the powers and to perform the functions of the Collector under this Act;
(6)"Commissioner" means the officer appointed under Section 3;
(6A)[ "Corporation" means the Andhra Pradesh Beverages Corporation Limited, Hyderabad.] [Inserted by Act No. 17 of 2006, dated 1.3.2006.]
(7)"cultivation" or "cultivating" includes the tending or protecting of a plant during growth and does not necessarily imply raising it from seed;
(8)"denatured" means subjected to a process prescribed for the purpose of rendering unfit for human consumption;
(9)"excisable article" means, any alcoholic liquor for human consumption ; or any intoxicating drug;
(10)"excise duty" or "countervailing duty" means the duty of excise or countervailing duty, as the case may be, mentioned in Entry 51 in List II of the Seventh Schedule to the Constitution [and includes additional excise duty or additional countervailing duty, as the case may be] [Added by Act No. 9 of 2017, dated 1.5.2017];
(11)"Prohibition and Excise Officer" means the Commissioner, the Collector or any officer or other person lawfully appointed or invested with the powers under the relevant provisions of this Act;
(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 this 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 (Central Act 52 of 1962).
(15)"foreign liquor" includes every liquor imported into India, other than Indian liquor 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 (Central Act 52 of 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 hand other liquors consisting of or containing any such spirits, but does not include foreign liquor;] [Substituted by Act No. 17 of 2006, dated 1.3.2006.]
(18A)[ "in house" means the privilege granted under the Act for sale of Indian Liquor and Foreign Liquor by Club, Guest House of Andhra PradeshTourism Development Corporation, Military canteen and Air port transit lounge for international Air passengers;] [Inserted by Act No. 35 of 2005, dated 26.10.2005.]
(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 subjected 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, declare to be an intoxicating drug, such substance not being opium, coca leaf or manufactured drug as defined in Section 2 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (Central Act 61 of 1985)
(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;
(23)"notification" means a notification published in the Andhra Pradesh 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, declare 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;
(28A)[ "Shop" means the privilege granted under the Act for the exclusive sale of Indian liquor 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.] [Inserted by Act No. 35 of 2005, dated 26.10.2005.]
(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.