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State of Bihar - Section

Section 23 in Bihar and Orissa Excise Rules, 1919

23.

Ganja may be imported by licensed wholesale vendors of ganja under the following conditions:-[The importer shall execute a bond in the prescribed form in favour of the Collector of the importing district binding himself, his heirs, successors and assigns to pay to the Collector of the importing district ] [Substituted by Notification No. 1014 dated 9.2.1952.]-(a)the duty imposed under Section 27, and(b)if, on arrival of ganja at its destination, any deficiency in quantity (as compared with the quantity received at the station of despatch) is found, a penal duty on such deficiency at such rates as may be prescribed:Provided that the whole or any portion of such penal duty may be remitted should the Excise Commissioner hold such deficiency to be due to dryage or due to circumstances beyond the control of the holder of the licence:Provided further that in case of deficiencies in transit by rail, the remission of duty shall be subject to adjustment of the amount of compensation which the holder of the licence may get from the railway in accordance with rules for the time being in force relating to filing of claims.(c)on failure to lodge ganja in a licensed warehouse in the importing district within a reasonable time from the date of its despatch a sum equal to the duty on the entire quantity of ganja not so lodged.The bond may either be a general bond in respect of imports that may be made from time to time or a special bond in respect of any specific consignment.
(2)For each consignment of ganja to be imported, the importer shall obtain a pass from the Collector of the importing district in the prescribed form, authorizing import of ganja into a licensed warehouse in a district which is either a Government warehouse for which the importer pays such rent as may be fixed by the Collector or a private warehouse in respect of which the importer holds a licence granted by the Collector with approval of the Commissioner.The pass shall ordinarily be in force for one month from the date on which it is granted, but the term may be extended by the Collector of the importing district or the Superintendent of Excise, of the exporting district.
(3)The Collector issuing the import pass shall forward two copies thereof to the Superintendent of Excise, of the exporting district noting on them the fact of the execution of the bond by the importer.
(4)The importer or his authorised agent shall present such pass to the Superintendent of Excise of the exporting district, and obtain on it the written permission of that officer to purchase ganja. He shall further comply with any rule that may be in force in exporting State regulating the taking of ganja out of that State, and also such instructions in conformity therewith as he may receive from the Superintendent of Excise of the exporting district.
(5)The ganja shall be brought by the route mentioned in the pass and shall on arrival in Bihar be taken direct and with all reasonable care dispatch to the licensed warehouse mentioned in the pass. Ganja shall then be presented with the pass to the Superintendent to Excise or such other officer as may be authorised by the Collector to examine, weigh and store the ganja on arrival.[ln case of import the gross weight of the consignment shall be taken without fail in the presence of the Railway Authorities and their signature obtained regarding the weight taken in their presence as soon as the delivery of the consignment is taken by the holder of the licence concerned. In case of deficiency in weight, it shall be the duty of the holder of the licence concerned to file a claim before the Railway in time.] [Substituted by Notification No. 1014 dated 9.2.1952.]