Section 26A in The Bihar and Orissa Excise Act, 1915
26A. [ Restriction on grant of licence or exclusive privilege. [Inserted by Orissa Act 2 of 1999.]
(1)Notwithstanding anything contained in this Chapter or elsewhere, in this Act, in the Scheduled Area(a)in no case there shall be granted under this Act any licence for manufacture, possession or sale, or any exclusive privilege for manufacture or sale, of any intoxicant, except with the prior approval of the concerned Grama Panchayat accorded with the concurrence of the Grama Sasan; and(b)no licence or exclusive privilege which is granted in contravention of Clause (a) shall have any effect for the purposes of this Act.(2)For the purposes of Clause (a) of Sub-Section (1)(i)the authority competent to grant licence for manufacture, possession or sale, or exclusive privilege of manufacture or sale, of any intoxicant shall, before granting any such license or exclusive privilege, refer every proposal therefor to the concerned Grama Panchayat for its decision within a period of thirty days from the date of receipt of such reference; and(ii)if the Grama Panchayat fails to communicate its decision within the period referred to in Clause (i), it shall be deemed that the concerned Grama Panchayat has accorded the required approval.Explanation - For the purposes of this Section,(i)"Grama Panchayat" and "Grama Sasan" shall respectively mean the Grama Panchayat and Grama Sasan as defined in the Orissa Grama Panchayats Act, 1964; and(ii)"Scheduled Areas" means the Scheduled Area as referred to in Clause (1) of Article 244 of the Constitution.]Chapter - V Duty
