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State of Assam - Section

Section 4 in Assam Temperance Act, 1926

4. Definitions.

- In this Act unless there is anything repugnant in the subject or context-
(1)"Area" means-
(i)in the case of a municipality or notified area, area constituted or deemed to be constituted under the Assam Municipal Act, 1923-the whole of the municipal or notified area in which the Act is in force;
(ii)in the case of any other locality wherein a liquor shop is situated-an area constituted under Section 5 of this Act.
(2)"Census village"-"Census Village" means the village that was adopted as the unit at the last preceding census, and in the case of future censuses the unit that may be adopted as the latest one at the time.
(3)"Electors"-"Electors" in any area means all male persons not below the age of twenty on the date on which the requisition under Section 7, is presented who have resided or worked for gain in the area for at least six months immediately preceding that date.Explanation.-A person shall be deemed to reside in an area for the purposes of this Act, if he-
(1)ordinarily lives within that area; or
(2)has his ordinary place of business in that area; or
(3)has his family dwelling house within that area and occasionally visits it; or
(4)maintains within that area a dwelling house ready for occupation in the charge of servants or friends or relatives and occasionally occupies it. A person may reside in more than one area at the time.
(4)"Electoral roll"- Electoral roll " means a register of electors of any area prepared under Section 6 of this Act.
(5)"Limiting resolution"-A "limiting resolution" for any area means a resolution declaring that the number of shops in the area for which licences are granted according that the Excise Act in force, for the sale or manufacture of liquor, shall be reduced by one.
(6)"No-licence resolution"-A "no-licence resolution" for any area means a resolution declaring that the powers vested in the licensing authority to grant licences for the manufacture or sale of liquor or the transport of it for sale within the area, shall not be exercised.
(7)"No-change resolution"-A "no-change resolution" means a resolution declaring that the powers vested in the licensing authority to grant licences may be exercised as usual.
(8)"Liquor"-(i) "Liquor" means country liquor and includes any liquid or substance consisting of or containing alcohol; but does not include-
(a)"imported liquor" as defined below; nor
(b)any liquid or substance containing alcohol used for medical preparation or for purposes other than human consumption; nor
(c)pachwai when manufactured at home in accordance with the prescribed rules solely for home consumption and not for sale.
(ii)"Imported liquor" means liquor which has been imported into the whole of India except Part B States :
(a)by sea; or
(b)by land from a territory outside the whole of India except Part B States on the import of liquor by land from which territory a duty of customs is for the time being leviable.
(9)"Prescribed"-"Prescribed" means prescribed by the State Government by rules made under this Act.
(10)"Returning Officer"-"Returning Officer" means the Deputy Commissioner or Sub-divisional Officer or such other person as the State Government may appoint.