- In this Act, unless there be something repugnant in the subject or context :-(1)Abkari Revenue:- "Abkari Revenue" means revenue derived or derivable from any duty, fee, tax, fine or confiscation, imposed or order under the provisions of this Act, or of any other law for the time being in force relating to liquor or intoxicating drugs.(2)Abkari officer:- "Abkari Officer" means the [Commissioner of Excise] [Substituted for 'Superintendent of Abkari Revenue' by Section 2 of Act III of 1106.] or any officer or other person lawfully appointed or invested with powers under Sections 4 or 5.(2A)[ Blending:- "Blending" means the mixing of two different spirits of the same or different strength; [Inserted by Finance Act 2003 (Act 12 of 2003) with effect from 1-4-2003.](2B)Bonded Warehouse:- "Bonded Warehouse" means a warehouse where liquor is stored in bond.](3)Commissioner :- ["Commissioner"] [Substituted for 'Superintendent' by Act No. 12 of 2003, dated 1-4-2003.] means the officer appointed by the [Government] [Substituted for the word 'Diwan' throughout the Principal Act by Section 4 of Act 10 of 1967.] under section 4, clause (a).[(4) "Collector" means the Collector of a district and includes any other officer appointed by the Government to exercise the powers and perform the duties of a Collector under this Act] [Substituted by Act No. 10 of 1967.];[(5) Compounding:- "Compounding" means the preparation of foreign liquor by the addition of flavouring or colouring matter or both to imported or Indian made spirits.] [Clause 5 Diwan:- Diwan includes an acting or officiating Diwan' Omitted by Section 7(b) of Act 10 of 1967.](6)Abkari Inspector:- "Abkari Inspector" means an officer appointed under section 4, clause (d).[(6A) "Arrack" means any potable liquor other than Toddy, Beer, Spirits of Wine, Wine, Indian made spirit, foreign liquor and any medicinal preparation containing alcohol manufactured according to a formula prescribed in a pharma-copoeia approved by the Government of India or the Government of Kerala, or manufactured according to a formula approved by the Government of Kerala in respect of patent and proprietary preparations or approved as a bonafide medicinal preparation by the Expert Committee appointed under Section 68A of the Act;] [Inserted by Act 4 of 1996.](7)Imprisonment:- "Imprisonment" means imprisonment of either description as defined in the [Indian Penal Code.] [The words 'Cochin Penal Code' substituted by Act 10 of 1967.](8)Toddy:- "Toddy" means fermented or unfermented juice drawn from a coconut, palmyra, date, or any other kind of palm tree.(9)Spirits:- "Spirits" means any liquor containing alcohol and obtained by distillation, [ x x x x ] [The words 'whether it is denatured or not' added by Act V of 1091 and omitted by Act IV of 1996.].[ x x x x ] [Explanation Added by Act V of 1091 and omitted by Act 4 of 1996.](10)Liquor:- "Liquor" includes spirits of wine, [arrack] [Substituted 'methylated spirit' by section 2(c) of Act 4 1996.], spirits, wine, toddy, beer and all liquid consisting of or containing alcohol.(11)Beer:- "Beer" includes ale, stout, porter and all other fermented liquors usually made from malt.(12)[Country liquor:- [Substituted by section 2(d) of Act 4 of 1996.] "Country Liquor" means toddy or arrack;](13)Foreign Liquor:- "Foreign Liquor" includes all liquor other than country liquor.Provided that in any case in which doubt may arise the Government may declare by notification what, for the purposes of this Act, shall be deemed to be "country liquor" and what "foreign liquor".[(13A) "Foreign Made Foreign Liquor" means any liquor produced, manufactured or blended, compounded and bottled abroad and imported into India by land, air or sea; [Inserted by Act No. 5 of 2018, dated 31.3.2018.](13B)"Indian Made Foreign Liquor" means any foreign liquor other than Foreign Made Foreign Liquor;;][(14) intoxicating drug means any intoxicating substance other than a Narcotic drug or a psychotropic substance regulated by the Narcotic Drugs and Psychotropic Substance Act, 1985 (Central Act, 61 of 1985), which the Government may by notification declare to be an intoxication drug.] [Substituted firstly by section 2 of Act L of 1112 and again section 2(e) of Act 4 of 1996.](15)Sale or Selling:- "Sale or selling" includes any transfer [including] [Substituted for the words 'otherwise than by way of' by section 7(g) of by Act 10 of 1967.] gift.[(16) "Import" means to bring into the State. [Substituted by Act No. 10 of 1967.](17)"Export" means to take out of the State.][(17A) "Transit" means to move from one place in a State to another place in that State or to any other state through the territory of the State of Kerala. [Substituted by Act 16 of 1997]Explanation. - In this clause, "State" means a State other than the State of Kerala and includes a Union Territory].(18)Transport :- "Transport" means to move from one place to another within the [***] [The word 'Cochin' omitted by Act 10 of 1967.] State.(18A)[ x x x ] [Inserted by Act V of 1091 and omitted by Act 4 of 1996.](19)Manufacture:- "Manufacture" includes every process, whether natural or artificial, by which any fermented, spirituous, or intoxicating liquor or intoxicating drug is produced, [prepared [compounded] [Substituted for the words 'or pepared' by section 3 (v) of Act V of 1091.] or blended] and also redistillation and every process for the rectification of liquor.[(19A) Bottle:- "Bottle" means to transfer liquor from a cask or other vessel to bottle, jar, flask or similar receptacle for the purpose of sale, whether any process of manufacture be employed or not, and includes rebottling] [Inserted by Section 3(vi) of Act v of 1091.].(20)Rectification :- "Rectification" includes every process whereby spirits are purified or are coloured or flavoured by making any material therewith.(21)Place :- "Place" includes also a house, building, shop [tent, booth, raft, vehicle and vessel] [Substituted for the words 'tent and vessel' by section 7(j) of Act 10 of 1967.].[(21A) Police Station:- "Police Station" includes any place which the Government may, by notification, declare to be Police Station for the purposes of this Act] [Inserted by Section 3(vii) of Act V of 1091.].(22)Tap :- "Tap" means to prepare or manipulate the spathe or other part of any toddy-producing tree with the object of extracting toddy therefrom. The attaching of pots is not necessary to constitute the act.[(23) Rental:- "Rental" means the rental payable under Section 18A in consideration of the grant of an exclusive or other privilege of manufacturing supplying or selling any liquor or intoxicating drugs.] [Inserted by Section 2(ii) of presidents Act 1 of 1964.][(24) State:- "State" means the State of Kerala] [Inserted by Section 7(k) of Act 10 of 1967.].[(25) Warehouse :- "Warehouse" means that part of a distillery, brewery, winery or other manufactury where liquor intended for issue is kept and includes a warehouse established under a special licence taken out under the Act or Rules;] [Clause (25) inserted by Finance Act 2003 (Act 12 of 2003) with effect from 1-4-2003.]II. - Establishment and Control
