Section 53 in Rules under the United Provinces Excise Act, 1910
53. Powers conferred by the State Government by notification under enactments.
- The following Officers have been specially invested with powers under the sections hereinafter severally specified :(1)Under Section 48 of the Excise Act - Assistant Excise Commissioners, Superintendents of Excise, Excise Inspectors and Police Officers, not below the rank of [Deputy Superintendent of Police] [Substituted vide Notification No. 1099-E-2/XIII-239-88, dated 1-4-1993.], power to enter and inspect places of manufacture and sale, etc. under Section 48 of the Excise Act.Note. - Collectors are permitted under Section 10 (2) (h) of the Excise Act to delegate their powers under Section 48 to officers of the Land Revenue Department of or above the rank of a Tahsildar subordinate to them.(2)Under Section 49 of the Excise Act - All Officers of the Excise Department, not below the rank of an Assistant Excise Commissioner, are specially empowered under Section 49 (2) of the Act to stop proceedings without reference to a Magistrate against any person concerned or supposed to be concerned in any offence punishable under the Act which they have investigated.All officers of the Excise Department not below the rank of Excise Inspectors, are invested with the power conferred by Section 49 (1) of the Act to investigate any offence punishable under the Excise Act and committed within the limits of the area in which such officers severally exercise jurisdiction.Note. - No Excise Officer empowered under Section 19 (1) may summon any person to appear before him as a witness at a greater distance than forty miles from the usual place of residence of such person.(3)Under Section 50 of the Excise Act - (a) All officers of the Excise, Salt, Opium or Land Revenue Departments and all Police Officers including the provincial chaukidari force, town, village and road chaukidars, powers of arrest, seizure and detention in respect of offences punishable under Section 60 (a), (g) or (j).(b)All officers of the Excise, Salt, Opium or Land Revenue Departments in receipt of a salary of over 20 rupees a month, all Police Officers in-charge of stations and Police Officers of or above the rank of Sub-Inspector, similar powers in respect of offences punishable under Section 60 (b), (c), (d), (f) or (i), or under Section 62 or 63.(c)All officers of the Excise Department of and above the rank of Excise Inspector similar powers in respect of offences punishable under Section 65.(4)Under Section 53 of the Excise Act - The Excise Commissioner, Assistant Excise Commissioner, Superintendents of Excise and Excise Inspectors, powers to search without warrant under Section 53.(5)Under Section 74 of the Excise Act - Collectors, Assistant and Deputy Collectors appointed as District Excise Officers, the Excise Commissioner and Assistant Excise Commissioners are empowered to accept compensation in lieu of the cancellation or suspension of a licence, permit or pass under clause (a) or clause (b) of sub-section (1) of Section 34, or to compound an offence punishable under Section 64 or Section 68, or to release property seized as liable to confiscation under the Act on payment of the value thereof.
