The Rajasthan Excise Act, 1950 strictly regulates the production and handling of excisable articles such as liquor, intoxicating drugs, and related materials. Section 16 of Rajasthan Excise Act 1950 lays down the prohibition on the manufacture of excisable articles unless it is done under a valid license.
Section 16. Manufacture of excisable article prohibited except under the provisions of this Act. –
(1) (a) No excisable article shall be manufactured,
(b) no hemp plant (Cannabis Sativa) shall be cultivated,
(c) no portion of the hemp plant (Cannabis Sativa) from which intoxicating drug can be manufactured shall be collected,
(d) no liquor shall be bottled for sale,
(e) no Tari producing tree shall be tapped,
(f) no Tari shall be drawn from any tree, and
(g) no person shall use, keep or have in his possession any materials, still, utensil, implement, instrument or apparatus whatsoever for the purposes of manufacturing any excisable article, except under the authority and subject to the terms and conditions of a Licence granted in that behalf by the Excise Commissioner or by an Excise Officer duly empowered in this behalf.
(2) No distillery, brewery or pot-still be constructed or worked except under the authority and subject to the terms and conditions of a licence granted in that behalf by the Excise Commissioner.
Explanation of Section 16 Rajasthan Excise Act 1950
This section prohibits the unauthorized manufacture of excisable articles and requires strict licensing. It ensures that the production, cultivation, and collection of raw materials for intoxicating substances remain under government control.
- Complete Ban Without License
- No person can manufacture excisable articles without prior authorization.
- Cultivation of hemp (Cannabis Sativa) and collection of its intoxicating parts is prohibited without license.
- Bottling of liquor, tapping of Tari-producing trees, and drawing Tari is illegal unless licensed.
- Ban on Possession of Manufacturing Tools
- Possession or use of stills, utensils, implements, or apparatus for manufacturing excisable articles without license is prohibited.
- Control on Distilleries and Breweries
- No distillery, brewery, or pot-still can be built or operated without authorization.
- All such establishments must operate under licenses issued by the Excise Commissioner or an empowered officer.
Key Notes on Section 16 Rajasthan Excise Act 1950
- Ensures monopoly and regulation of excise by the State Government.
- Prohibits unauthorized production, cultivation, and sale preparation.
- Protects the State revenue by restricting illegal manufacture.
- Licensing system makes sure only authorized entities can manufacture or bottle liquor.
- Covers both raw material (like hemp and Tari trees) and equipment (like stills, utensils, and instruments).
MCQs on Section 16 Rajasthan Excise Act 1950
Q1. Under Section 16, which of the following activities requires a license?
(a) Cultivation of hemp (Cannabis Sativa)
(b) Bottling liquor for sale
(c) Construction of a distillery or brewery
(d) All of the above
Answer: (d) All of the above
Q2. Who has the power to issue licenses for manufacturing excisable articles?
(a) State Police Department
(b) Excise Commissioner or duly empowered Excise Officer
(c) District Magistrate
(d) High Court of Rajasthan
Answer: (b) Excise Commissioner or duly empowered Excise Officer
Q3. What does Section 16 prohibit without a license?
(a) Drawing Tari from trees
(b) Use or possession of stills or apparatus for manufacture
(c) Cultivation of Cannabis Sativa
(d) All of the above
Answer: (d) All of the above