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State of Rajasthan - Section

Section 3 in Rajasthan Excise Act, 1950

3. Definitions.

- In this Act unless there is something repugnant in the subject or context -
(1)"Beer" includeds ale, stout, porter and all other fermented liquors made from malt;
(2)[ "Abu area" means the territory comprised in the Abu Road taluka of Banaskantha district in the State of Bombay as it existed immediately before the first day of November, 1956]; [Inserted by Rajasthan Act No. 38 of 1957.]
(3)[ "Denatured" means mixed with such substance and by such process as may be prescribed under Section 42 in order to render any spirit unfit for human consumption whether as a beverage or as a medicine or in any other way what soever]; [Substituted by Rajasthan Act No. 28 of 1961.][(3-A) "Denatured spirituous preparation" means any preparation of denatured spirit or alcohol and includes liquors, French polish and varnish prepared out of such spirit or alcohol]; [Inserted by Rajasthan Act No. 28 of 1961.]
(4)[ "Excisable Article" means and includes
(i)Spirit, fermented liquor or any alcoholic liquor for human consumption or denatured spirt or denatured spirituous preparation, or
(ii)any intoxicating drug, or
(iii)stills or other appliances for distillation, or
(iv)fermented wash or other material for distillation, or
(v)any other article which the State Government may, from time to time, declare to be an excisable article for the purposes of this Act]
(5)"Excise Commissioner" means the Excise Commissioner appointed by the [State Government] [Substituted by Rajasthan Act No. 28 of 1961.] under, this Act.
(6)"Excise duty" means any duty of excise imposed by or under this Act on excisable articles manufactured or produced in [those parts of the State of Rajasthan to which this Act extends]; [Substituted by Rajasthan Act No. 28 of 1961.]
(7)"Excise Officer" means any officer or person [other than the Excise Commissioner] [Inserted by Rajasthan Act No. 28 of 1952.] appointed [under Section 9] [Inserted by Rajasthan Act No. 28 of 1952.] or invested with powers of an Excise Officer under this Act;
(8)"Excise Revenue" means revenue derived or derivable from any payment, duty, fee, tax fine- (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;
(9)" Export" means to take out of [those parts of the State of Rajasthan to which this Act extends] [Inserted by Rajasthan Act No. 38 of 1957.];
(10)"Fermented liquor" means wine, Pathan (Pachawai) and fermented Tan, and any other liquor that may from time to time be declared by the [State Government] [Substituted by Rajasthan Act No. 38 of 1957.] to be fermented liquor;
(11)[..] [Omitted by Rajasthan Act No. 15 of 1954.]
(12)[..] [Omitted by Rajasthan Act No. 38 of 1957.]
(13)"Import" means to bring into [those parts of the State of Rajasthan to which this Act extends]; [Substituted by Rajasthan Act No. 38 of 1957.]
(14)"Intoxicating drug" means
(i)[ the leaves, small stalks and flowering or fruiting tops of the hemp plant (cannabis Sativa) including all forms known as Bhang, Sidhi or Ganja]; [Substituted by Rajasthan Act No. 28 of 1961.]
(ii)charas, that is, the resin obtained from the [..] [Omitted by Rajasthan Act No. 28 of 1961.] 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 intoxicatiing drug, or any drink prepared therefrom; and
(iv)any other intoxicating or narcotic substance which the [State Government] [Substituted by Rajasthan Act No. 38 of 1957.] may declare, by notification in the [Official Gazette] [Substituted by Rajasthan Act No. 38 of 1957.], to be an intoxicating drug, such substance not being opium, coca leaf or a manufactured drug as defined in the [Dangerous Drugs Act, 1930 (Central Act II of 1930)]; [Substituted by Rajasthan Act No. 38 of 1957.]
(14A)[ "Lanced Poppy heads" mean the capsules of the opium poppy plant, whether in their original form or cut, crushed or powered, from which juice has been extracted]; [Inserted by Rajasthan Act 1 of 1986 (9.11.1985).]
(15)"Liquor" means intoxicating liquor and includes spirit of Wine, Spirit, Wine, Tari, Pachawar, beer and all liquid consisting of, or containing alcohol, as also any substance which the [State Government ] [Substituted by Rajasthan Act No. 38 of 1957.] may from time to time by notification in the [Official Gazette] [Substituted by Rajasthan Act No. 38 of 1957.] declare to be liquor for the purposes of this Act,
(16)[ "Magistrate" means any Magistrate of the first class]: [Substituted by Rajasthan Act No. 28 of 1961.]
(17)'Manufacture" includes every process, whether natural or artificial, by which any excisable article is produced or prepared wholly or partly and also redistillation and every process for the rectification, reduction, flavouring, blending or colouring of liquor,
(17A)[ "Molasses" means the mother liquor produced in the final stage of the manufacture of sugar or Khandsari sugar by the vacuum pan process or open pan process from sugarcane or gur]; [Substituted by Rajasthan Act No. 8 of 1985.]
(18)"Pachawai" means fermented rice, millet or other grain whether mixed with any liquid or not and any liquid obtained therefrom whether diluted or undiluted;
(19)"Place" includes a house, building , shop, room, booth, tent, vessel, boat, raft, [vehicle] [Added by Act No 6 of 2007 (w.e.f. 6.6.2007)] and enclosure;
(20)"Sale" with its grammatical variations includes any transfer otherwise than by way of gift;
(21)"Spirit" means any liquor containing alcohol obtained by distillation, whether it is denatured or not;
(21A)[ "State" or "State of Rajasthan" means the new State of Rajasthan as formed by Section 10 of the State Reorganisation Act, 1956 (Central Act 37 of 1956)]; [Inserted by Rajasthan Act No. 38 of 1957.]
(21B)[ "Still" includes any part thereof, and any other apparatus for distillation or manufacture of spirit]; [Substituted by Rajasthan Act 8 of 1951.]
(22)'Tari" means fermented or unfermented juice drawn form any kind of plam tree;
(23)"To bottle" means to transfer from a cask or other vessel to a bottle, jar, flask or other receptacle for the purpose of sale, whether any process of manufacture or rectification be employed or not, and bottling includes rebottling.
(24)[ "Tola" means a weight of 180 gram troy or 11.638 grams; and] [Substituted by Rajasthan Act No. 28 of 1961.]
(25)"Transport:" means to move from one place to another within [those parts of the State of Rajasthan to which this Act extends]. [Substituted by Rajasthan Act 8 of 1951.]