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State of Bihar - Section

Section 22B in Bihar Excise Act, 1915

22B. [ Validating of cost price of country liquor and realisation of warehouse maintenance charges. [Inserted by Act 9 of 1995.]

(1)Notwithstanding any judgement, decree or order of any Court, Tribunal or Authority the price of country spirit, including the warehouse maintenance charges at the rate of 70 paise per L.P. Litre fixed during the year, 1990 shall be deemed to have been fixed under this Act and any amount collected from the retailer as a cost price of country liquor per L.P Litre shall be paid to or payable to the Contractor (Distiller)/Supplier after deducting at the rate of 70 paise per L.R Litre as the maintenance charges of the warehouses and the said amount shall not be payable to the Contractor (Distiller)/Supplier.
(2)The amount so collected shall be deemed to have been collected under the provision of this Act and the said amount of warehouse maintenance charges shall not be refundable and no Court, Tribunal or Authority shall order for refund of such amount: Provided that where the amount collected from the retailer has been paid to the Contractor (Distiller)/Supplier, the State Government shall realise such amount from the Contractor (Distiller)/Supplier and the Contractor shall be required to refund the said amount to the State Government:Provided further, that the State Government may adjust, the said amount from any amount due or payable to the Contractor by the Government:Provided also that the said amount shall be spent by orders of the Excise Commissioner under administrative instructions issued for the maintenance of warehouses:Provided further also, that any amount realised on account of warehouse maintenance charges but refunded to the supplier, under the order of any Court, Tribunal or Authority shall be refunded by the supplier and the State Government shall recover the same from the Contractor (Distiller)/Supplier as arrears of revenue.