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State of Mizoram - Section

Section 2 in Mizoram Liquor (Prohibition and Control) Act, 2014

2. Definitions.

- In this Act, unless the context otherwise requires :-
(1)"Act" means the Mizoram Liquor (Prohibition and Control) Act, 2014;
(2)"Bar" mean a retail business establishment that serves alcoholic drinks - beer, wine, liquor, and cocktails - for consumption on the premises.
(3)"Beer" means and includes ale, stout, port and all other alcoholic beverage usually made from malt or grain;
(4)"Bonded Warehouse" means a licenced private bonded warehouse or a public bonded warehouse or established by Government under this Act for storing liquor on which duty has not been paid;
(5)"Bottling Plant" means premises where bottling of liquor is done and includes every place therein where it is stored or wherefrom it is issued;
(6)"Brewery" means premises where beer is manufactured and includes every place therein where beer is stored or wherefrom it is issued;
(7)"Club" means a society of persons associated together for social intercourse for the promotion of politics, sports arts and science or literature or for any purpose except the acquisition of gain and where the same be registered under the Companies Act, 1956 (Central Act 1 of 1956), the Mizoram Co-operative Societies Act, 1991 (Mizoram Act, 1991) or under any act relating to Co-operative Societies in force in Mizoram, or the Mizoram Societies Registration Act, 2005 or otherwise incorporated or not;
(8)"Commissioner" means the Commissioner of Excise & Narcotics appointed by the Government;
(9)"Company" means a body corporate and includes a firm, a licenced vendor or other association of individual.
(10)"Country liquor" means and includes intoxicating liquor distilled and fermented from agricultural produce;
(11)"Denatured alcohol" means alcohol so mixed with another substance in order to render the mixture unfit for human consumption whether as a beverage, or internally as a medicine;
(12)"Distillery" means premises where spirit is manufactured and includes every place therein where it is stored or wherefrom it is issued;
(13)"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;
(14)"Excisable article" means -
(a)any liquor for human consumption and spirituous preparations, not being a medicinal preparation or a toilet preparation under the Medicinal and Toilet Preparations (Excise Duties) Act, 1955 (Central Act 16 of 1955) or
(b)Any intoxicating liquor or substance;
(15)"Excise Officer" means any officer subordinate to the Commissioner and any Excise & Narcotics Officer invested with powers under this Act;
(16)"Excise Station" means any Excise & Narcotics Station established by the Government;
(17)"Excise Duty" means revenue collected from any duty, fee, tax, penalty, payment (other than a fine imposed by a Court of Law) or confiscation imposed, made or ordered under any provision of this Act, or under any other law for the time being in force relating to alcoholic liquor or intoxicants;
(18)"Export" means to take out of the State of Mizoram, otherwise than across a Customs frontier as defined by the Central Government;
(19)"Foreign liquor" means any liquor imported by land, sea or air into India;
(20)"Government" means the State Government of Mizoram;
(21)"Holder of a licence" includes a person whose bid, tender or application for a licence, permit or pass has been accepted by the Commissioner or any Excise Officer empowered to grant such licence, permit or pass although such person may not in fact have received the licence, permit or pass;
(22)"Import" means to bring into the State of Mizoram, otherwise than across a Customs frontier as defined by the Central Government;
(23)"Intoxicant" means any intoxicating substance but does not include a medicinal preparation or a toilet preparation under the Medicinal and Toilet Preparations (Excise Duties) Act, 1955 (Central Act 16 of 1955);
(24)"Intoxicating liquor" means any liquor and includes Zu, Rakzu, Tinzu, Zupui, Zufang, all liquid consisting of or containing alcohol and any other substance which the Government may, by notification, declare to be liquor for the purpose of this Act but does not include any medicinal preparation or any toilet preparation under the Medicinal and Toilet Preparations (Excise Duties) Act, 1955 (Central Act 16 of 1955);
(25)"Licence" means any licence issued by the competent authority under this Act;
(26)"Manufacture" includes every process, whether natural or artificial, by which any intoxicating liquor is produced or prepared, redistillation and every process for the rectification, flavouring, blending, colouring or bottling of liquor;
(27)"Notification" means a notification published in the official gazette;
(28)"Nuisance" includes any act, which causes or is likely to cause injury, danger, annoyance or offence to the sense of sight, smell or hearing, or which is or may be dangerous to life or property;
(29)"Pass" means any pass issued by the competent authority under this Act;
(30)"Permit" means any permit issued by the competent authority under this Act;
(31)"Place" includes a house, building, shop, tent, vessel, raft and vehicle;
(32)"Public place" means any public conveyance, hotel, shop, or any other place intended for use by, or accessible to the public;
(33)"Prescribed" means prescribed by rules or notifications made under this Act;
(34)"Registered Medical Practitioner" means a person registered under the Indian Medical Council Act, 1956;
(35)"Sell" means any transfer of ownership including barter;
(36)"Spirit" means any liquor containing alcohol obtained by distillation, whether it is denatured or not and includes "Rakzu";
(37)"State" means the State of Mizoram and it shall include any State or Union Territory in India;
(38)"To bottle" means to transfer liquor from a cask or other vessel to a bottle or other receptacle for the purpose of sale, whether any process of rectification be employed or not; and includes rebottling;
(39)"Transport" means to move liquor from one place to another within Mizoram;
(40)"Wine" means fermented juice of apple, ginger, grape, guava, passion fruit, peach, pear or pineapple, or any other fruits, as may be notified by the Government;
(41)"Winery" means premises where wine is manufactured and includes every place therein where wine is stored or wherefrom it is issued.
(42)"Zu" means any rice, millet or other grain fermented naturally from itself or with some foreign or artificial substance, whether mixed with any liquid or not, and any liquid obtained therefrom, whether diluted or undiluted.CHAPTER - II manufacture, Possession and Sale