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State of Nagaland - Section

Section 2 in The Nagaland Excise Act, 1967

2. Definitions.

- In this Act, unless there is anything repugnant in the subject or context-
(1)"Beer" includes ale, stout, port, and all other fermented liquor usually made from malt.
(2)"To bottle" means to transfer liquor from a cask or vessel to a bottle or other receptacle, whether any process of rectification be employed or not, and includes re-bottling.(3-a) "Club" means a society of persons associated together for social intercourse, for the promotion of politics, sports, arts, science, literature or for any purpose except the acquisition of gain, and whether the same be registered under the Indian Companies Act, 1956 (1 of 1956); Co-operative Societies Act, 1912 (11 of 1912); the Societies Registration Act, 1860 (21 of 1860), or otherwise incorporated or not.
(4)"Collector" includes a Deputy Commissioner, and in any provision of this Act includes also any officer whom the State Government may, by notification, declare or appoint to be a Collector for the purpose of that provision.
(5)"Denaturant" means any substance prescribed by rules made in this behalf under this Act for admixture with spirit in order to render the mixture unfit for human consumption, whether as a beverage, or internally, as a medicine.
(6)"To denature" means to mix spirit with one or more denaturants in such manner as may be prescribed by rules made in this behalf under Clause (m) of sub-section (2) of Section 36; and "denatured spirit" means spirit so mixed.
(7)"Deputy Commissioner" means the Chief-Officer-in- charge of the revenue administration of a District.
(8)"Excisable article" means-
(a)any liquor for human consumption, not being a medicinal preparation; or
(b)any intoxicating drug.
(9)"Excise duty" and "countervailing duty" mean any such excise duty or countervailing duty, as the case may be, as is mentioned in entry 51 of List II in the Seventh Schedule to the Constitution.
(10)"Excise Commissioner" means the officer appointed by the State Government, under Section 7, sub-section (2), Clause (a).
(11)"Excise Officer" means a Collector or any officer or other person appointed or invested with powers under Section 7.
(12)"Excise revenue" means revenue derived or derivable from any duty, fee, tax, penalty, payment (other than a fine imposed by a Court of Law) or confiscation imposed or ordered under the provisions of this Act, or of any other law for the time being in force relating to liquor or intoxicating drugs.
(13)"Export" means to take out of the territories to which this Act applies, otherwise than across a custom frontier as defined by the Central Government.
(14)"Import" (except in the phrase import into India) means so bring into the territories to which this Act applies otherwise than across a custom frontier as defined by the Central Government.
(15)"Intoxicant" means any liquor or intoxicating drug.
(16)"Intoxicating drug" means-
(i)the leaves, small stalks or flowering or fruiting tops of the Indian hemp plant (Cannabis Sativa L) including all forms known as bhang, sidhi or ganja ;
(ii)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;
(iii)any mixture with or without neutral materials, of any of the above forms of intoxicating drugs, or any drink prepared therefrom, and
(iv)any other intoxicating or narcotic substance which the State Government may, by notification, declare to be an intoxicating drug, such substance not being opium, coca leaf, or a manufactured drug, as defined in Section 5 of the Dangerous Drugs Act, 1930 (11 of 1930).
(17)"Liquor" means intoxicating liquor and includes all liquid consisting of or containing alcohol; and also any substance which the State Government may, by notification, declare to be liquor for the purposes of this Act.
(18)"Manufacture" includes any process whether natural or artificial, by which any intoxicant is produced or prepared, also redistillation and every process for the rectification, flavouring, blending or colouring of liquor.
(19)"Zu and Rohi" mean 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 but does not include beer.
(20)"Place" includes a house, building, shop, tent, vessel and raft and vehicle.
(21)Expressions referring to "sale" include any transfer otherwise than by way of gift.
(22)"Spirit" means any liquor containing alcohol, obtained by distillation, whether it is denatured or not.
(23)"Transport" means to move from one place to another within the territories to which this Act applies.