(4)The powers and duties assigned by or under the portions of the Act specified below to an excise officer appointed under clause (c) of Section 7 shall be exercised and performed also, within the areas to which they are respectively appointed, by the Government officer indicated below, namely -(a)Section 74 (power to search without a warrant); Section 77, subsection (2) (investigation of offences) so far as it relates to the investigation of offences punishable under Section 4, Section 49, Section 55 or Section 56; Section 78, sub-section (2) (stopping of proceedings) Section 79, sub-section (5) (release of persons on bail or on their own bond); and Section 87, clause (a) (complaints or reports to Magistrate)-Police officers not below the rank of an officer in charge of a police station;(b)[Deleted by Notification No. 1225 L.S.G.R. dated 11.8.1945.](5)Under clause (d). - The powers and duties assigned in Order II (2) above to Superintendents of Excise in districts other than Angul, and the power conferred upon certain Excise Officers by Orders XIII and XIV below shall also be exercised and performed in sub-division in all districts including Angul, by the Sub-Divisional Officers.(6)[Deleted by S.O. 904 dated 7.10.1969.]III. Under clause (e) of sub-section (2) of Section 7, to delegate to the Board the powers conferred on the Provincial Government by the provisions of the Act specified below.(1)[ Power to appoint Inspectors of Excise by direct appointment only [Clause (c) of sub-section (2) of Section 7] [Vide Notification No. 1747 Com. dated 7.5.1921.],(2)Section 9(1), clause (a) (Power to give permission for the import of an intoxicant).(3)Section 12, sub-section (1) (except the proviso thereto) so far as it relates to transport (power to prescribe in respect of an intoxicant the quantity thereof, no quantity in excess of which shall be transported except under a pass),(4)Section 22, sub-section (1), clauses (a) and (b) (power to grant the exclusive privilege of manufacturing or supplying wholesale or of manufacturing and supplying wholesale country liquor or any intoxicating drug),(5)Section 42 sub-section (1) (power to prescribe restrictions upon the cancellation or suspension of licences, permits or passes), and(6)Section 57, clause (a) (power to empower officers to demand the production of licences, permits or passes).Note. - The power of the Board to grant licences under clause (4) of order no. Ill above has been restricted to a period not exceeding five years under Financial Department letter no. 3130-F., dated the 10th April 1919.IV Under clause (e) of sub-section (2) of Section 7, to delegate to the Excise Commissioner the power specified below:-[Power to appoint, by promotion, Inspectors of Excise, and to appoint all other officers of the Excise Department below the rank of Inspector of Excise.] [Substituted by Notification No. 1747 com. dated 7.5.1921.]V Under clause (g) of sub-section (2) of Section 7, to permit the delegation-(1)[ by the Excise Commissioner [or Deputy Commissioner of Excise or Assistant Commissioner of Excise;] [Substituted by Notification No. 6516 E, dated 7.8.1952.][Vide Notification No. 6193. LS.G. dated 23-12-1974 and 201-L.S.G dated 14.2.1944.](a)to any Collector or Superintendent of Excise of-(i)his power to appoint Excise peons and to appoint on a temporary or acting basis officers of the Excise Department below the rank of Inspector of Excise;(ii)his power under Rule 1 under Section 89 of the said Act to promote, transfer, suspend, reduce in rank, or otherwise punish such officers as are appointed by him, other than the power to punish such officers involving their removal or dismissal;(iii)[ his power to transfer the Excise Constables to Divisional Deputy Commissioner of Excise in their respective divisions under subsection (1) of Section 89 of the said Act.] [Inserted by S.O. 314 dated 7.9.1993](b)to the Principals of the Police Training College, Hazaribagh and Constables Training School, Nathnagar, of his power under Rule 1 made under Section 89 of the said Act, to censure Excise cadets below the rank of Inspector of Excise or to make recovery from their pay the whole or part of any pecuniary loss caused to the Government by negligence or breach of any order of the Principal.(2)by the Collector, of all or any of his powers or duties under the portions of the Act specified below to the officer or officers designated below in respect of the particular power or duty, namely:-(a)Section 12, sub-section (1) (power to grant passes for the import, export or transport of any intoxicant) to any Deputy Collector;(b)Section 12, sub-section (2) [(power to grant passes for the transport of any intoxicant)] [Substituted by Notification No. 1230 -L.S.G.R. dated. 11.8.1945] to any Sub-Deputy Collector or to any officer of the Excise Department who is not below the rank of Sub-Inspector or who is in charge of a distillery or warehouse;(c)Section 18, clause (g), and Section 20, clause (e) (power to grant permits to use tari for the manufacture of bread)-to any Deputy Collector or Sub-Deputy Collector, or any Excise Officer not below the rank of Sub-Inspector;(d)Section 19, sub-section (1) (power to grant permits to possess intoxicants-in excess of the quantity declared to be the limit of retail sale)-to any Deputy Collector or sub-Deputy Collector, or any Excise Officer not below the rank of Sub-Inspector;(e)Section 71 (power to issue warrant of arrest)-to any Deputy Collector or Sub-Deputy Collector;(f)Section 72 (power to issue search-warrant)-to any Deputy Collector or Sub-Deputy Collector;(g)Section 77, sub-section (1) (power to investigate offences)-to any Deputy Collector.VI. Under clause (b) of Section 11, to prohibit the transport of country spirit in the following circumstances, namely:-(1)When manufactured in an outstill-its transport to any area in which the sale of distillery spirit is allowed; and(2)when manufactured in a distillery-its transport to any area in which a higher duty is levied, if the special permission of the Collector to such transport has not been obtained.[VIA. Under the proviso to sub-section (1) of Section 12, to direct that passes required by the general provisions of the said sub-section shall not be dispensed with in the cases of-] [Inserted by Notification No. 8609. L.S.G. dated 18.12.1934 and Substituted by 1407-L.S.G. dated 24.6.1936 and 53-L.S.G. dated 4.1.1944.](a)rectified spirit;(b)foreign liquor of all other kinds manufactured in India, including perfumed spirit and spirit contained in drugs, medicines and chemicals, when imported or exported for any purpose:Provided that any person may, without any restriction, import from sources other than bonded warehouses, perfumed spirit, spirit contained in drugs, medicines and chemicals, intended for his own consumption; and(c)[ foreign liquors of all kinds (either India-made or overseas) when transported, imported or exported for sale when transported to troops and military bodies.] [Inserted by C.S. No. 832 dated 25.4.1953.]VII. [XXXX] [Deleted by Notification No. 1226-L.S.G. R. dated 11.8.1945.]VIII. Under Section 21, to prescribe two miles as the distance from the limits of military cantonments within which no licence for the manufacture or sale of liquor shall be granted without the previous consents of the Commanding Officer.[IX. /kkjk 27 ds vUrxZr fnukad 1 Qjojh] [Substituted by S.O. 648 dated 14.5.1986.][Substituted by S.O. 1423 dated 25.8.1976.] 1986 ls layXu fof'k"V lkjf.k;ksa] esa blds dze'k% mu {ks=ksa ,oa njksa esa ns'kh 'kjkc ij vfrfjDr dj ds lfgr dj dk fu/kkZj.kA(,) mu fofHkUu 'kfDr;ksa ds lq"ko ij tks fcgkj ds fdlh vklou x`g ;k mRikn HkakMkxkj ls [kqnjk vuqKfIr/kkjh dh nqdku esa ifjogu fd;k x;k gks] mRikn dj ml nj ls ykxw gksxk tks nj fofHkUu 'kfDr;ksa ds lq"ko ij ml {ks= ds fy, ns; gS tgka nqdku vofLFkr gSA(c)ml lq"ko ij tks fcgkj ds fdlh vklou x`g ;k mRikn HkkaMkxkj ls nwljs ,sls vklou x`g ;k mRikn HkakMkxkj esa ifjogu fd;k tk;sxk] ml ij vf/kdre nj ls ykxw gksxk rks fdlh {ks= ds fy;s ykxw gS ftl {ks= esa lq"ko ifjogu gksxk ;k ,sls {ks= esa tk;sxkA(lh)(i)fcgkj jkT; ds fdlh vklou x`g esa mRikfnr lq"ko ij vf/kdre nj ls dj ykxw gksxk tks nj ,sls lq"ko ds fy, ml {ks= esa ns; gS ftl {ks= esa vklou x`g vofLFkr gSA(Mh)fcgkj jkT; esa vk;kftr lq"ko ij mRikn dj vf/kdre nj ls ns; gksxk tks nj fdlh {ks= ds fy;s ,sls lq"ko ij ykxw gS ftl {ks= ls gksdj lq"ko ifjogfur gksrk gS ;k ml {ks= esa tkrk gSA(ii)fcgkj jkT; ds fdlh HkkaMkxkj ds laxzfgr lq"ko ij mRikn&dj vf/kdre nj ls ns; gksxk tks ml {ks= ds fy;s ykxw gS tgka ml HkakMkxkj ls lq"ko vkiwfjr gksrk gSA(b)fcgkj ds fu;kZr lq"ko ij mRikn dj ml ij ns; gksxk tks nj ml LFkku ds fy;s ykxw gS tgka lq"ko fu;kZr gksxkA]X. [Under Section 27, to impose a duty on foreign liquor at the rates specified below] [See Appendix 3] except (i) liquor which has been imported into India and was liable, on such importation, to duty under the Indian Tariff Act, 1894 (VIII of 1894), or the Sea Customs Act, 1878 (VIII of 1878), if such duty has already been paid or a bond has been executed for the payment thereof, and (ii) [denatured spirit not so imported, and] [Inserted by Notification No. 1924 Com. (R) dated 2.8.1920.] (iii) rectified and foreign spirit manufactured within the Gwalior State on which duty at the Indian Tariff rate has been levied by the State whether imported or exported or transported or manufactured in a distillery in Bihar and Orissa, and further to direct that such duty shall, when payable on any such foreign liquor by reference to proof gallons, be increased or reduced in proportion as the strength of the foreign liquor exceeds or is less than proof.XI. [Under Section 27, to impose duty in the areas, on the articles, and at the rates specified in the annexed table] [See Appendix 4.] and to direct that subject to the exception noted below duty on any such articles shall-be payable -(a)when it is import, at the rate imposed in the area to which it is imported;(b)when it is exported, at the rate imposed in the area from which it is exported;(c)when it is transported from an excise warehouse in Bihar to the premises of a licenced retail vendor, at the rate imposed in the area in which the premises are;(d)when it is transported from an excise warehouse in Bihar to another such excise warehouse, at the highest rate imposed in any area through which the article passes.[Exception - No duty shall be imposed on ganja and bhang exported to another province and chargeable with duty in that province.] [Inserted by Notification No. 777- L.S.G, dated 8.2.1939.]XII. Under Section 63, to prescribe that every proceeding under the Act before a Superintendent of Excise, a Sub-Divisional Officer or a Deputy Collector, in which the Presiding Officer is exercising the powers of Collector, shall be deemed to be a "judicial proceeding" within the meaning of Section 228 of the Indian Penal Code (XLV of 1860).XIII. Under clause (c) of Section 69, Section 74, and sub-section (5) of Section 79, to prescribe that any Excise Officer not below the rank of Sub-Inspector may exercise the powers conferred thereby.XIV. Under sub-section (2) of Section 77, specially to empower Inspector of Excise and Sub-Inspector of Excise to investigate any offence punishable under the Act.XV. Under sub-section (2) of Section 78, to prescribe the following restriction upon the power of a Sub-Inspector of Excise to stop further proceedings against any person concerned or supposed to be concerned in any offence which is under investigation by such Sub-Inspector:-If such Sub-Inspector considers that it is necessary or expedient to stop further proceedings against such person, he shall forthwith send a report to the Collector or a Superintendent of Excise (or in a subdivision, to the Sub-Divisional Officer) stating all the facts relating to the initiation of proceedings and his reason for thinking that further proceedings should be stopped, and shall not stop such proceedings unless the Collector or Superintendent of Excise (or Sub-Divisional Officer) authorises him to do so.XVI. Under Section 94, to exempt throughout the province of Bihar and Orissa save where otherwise stated the articles specified below from the provisions of the Act specified, namely:-(1)[ Pachwai- From the provisions of the Act relating to manufacture and possession when it is manufactured and possessed by persons belonging to Scheduled Tribes for their bona fide private consumption on social and festival occasions.] [Substituted by Notification No. 4/Tek - M.N. 1002/93-1301 dated 1.3.1998.](1A)[ Tari, that is, fermented or unfermented juice drawn from any account, palmyara, date or other kind of palm tree, from the provisions of the Act subject to the following conditions:-] [Substituted for existing (1A) to (1D) by S.O. 187 dated 1.4.1991.](i)[ Tari shall not be sold or consumed at places for which licences under the Act are prohibited under Rule 47 of the Rules framed by the State Government under Section 89 of the Act, and [See also S.O. 187 dated 1.4.1991.](ii)manufacture of sale of consumption of tari shall be prohibited within the limits of any military cantonment, and within such distance from those limits as the Central Government may in any case prescribe, except with the previous permissions of the Commanding Officer.](2)All excisable articles [except cocaine and the preparations referred to in (4) below] upon which the full tariff or excise duty has been paid, and which are contained in medicinal preparations intended bona fide for medicinal purposes- from the provisions of the Act relating to possession and sale;(3)Perfumed spirit when manufactured from duty-paid foreign spirit that has not been denatured-from the provisions of the Act relating to possession and sale;(4)Medicated wines and similar preparations, containing foreign liquor [This is now covered by M &T.P.(E.D.) Act, 1955 and Rules made thereunder.](4A)[ Rectified spirit made in India.] [This is now covered by Medicinal & Toilet Preparation (E.D.) Act, 1955 and its Rules.]-(5)[ Medicinal preparations prepared in accordance with prescriptions recognized in standard Ayurvedic and Tibbi medical works, by person bona fide engaged in the practice of the Ayurvedic and Tibbi system of medicines, are exempted from the provisions of the Bihar and Orissa Excise Act in respect of manufacture and sale, provided no process of distillation is used in their manufacture.] [This is now covered by Medicinal & Toilet Preparation (E.D.) Act, 1955 and its Rules.](6)Deleted by [XXXXXXX] [Notification No. 1227-L.S.G. dated 11.8.1945.](7)[ Such recognized medicinal preparations as contained any hemp drugs in a very small proportion and as may be notified from time to time by the Provincial Government-from the provisions of the Act relating to import, transport, export, possession and sale, provided only by means other than that of the post.] [This is now covered by Medicinal & Toilet Preparation (E.D.) Act, 1955 and its Rules.]Note. - The executive instructions of the Government of India, require the previous sanction of the Government of India to be obtained by the Local Government.The notifications of the Government of Bengal, No. 715-S.R., dated the 25th November 1909 (published on pages 1710-1717, Part I of the Calcutta Gazette of the 1st December 1909) and No. 490- S.R., dated the 20th November, 1911 (Published on pages 1586-1587, part I of the Calcutta Gazette of the 22nd idem), as subsequently amended, are hereby cancelled.(8)Independent Beer Bars, are exempted from the provisions of Sections 30, 31, 32, 33 and 34 of the Act, relating to ascertainment of local opinions.] [Inserted by S.O. 41 dated 25.2.1993.][No. 471-F the 15th January, 1919.-In exercise of the power conferred by Section 89 of the Bihar and Orissa Excise Act, 1915 (Bihar and Orissa Act II of 1915), the Lieutentent-Governor in Council is pleased to make the following Rules] [Published in Bihar & Orissa Gazette dated 22.1.1919 (pp. 145-156)]:-Appointments,Transfers and Punishments
