The Rajasthan Excise Act 1950 Section 9B

The Rajasthan Excise Act 1950 Section 9B

9-B. Bar of jurisdiction of Civil Courts.

No civil Court shall have jurisdiction to entertain any suit or proceeding to set-aside or modify:
(a) any original order passed by an officer competent to do so under the provision of the Act, or
(b) any order passed under, or referred to in Section 9-A.

Explanation Rajasthan Excise Act Section 9B

Section 9B of the Rajasthan Excise Act, 1950, explicitly bars civil courts from hearing or deciding any suit or proceeding that aims to set aside or modify:
(a) original orders made by competent officers under the Act, or
(b) any order made under or referenced in Section 9A (which deals with appeals and revisions).
This means individuals cannot approach civil courts for remedies against excise-related administrative orders. All challenges or modifications must be processed strictly through the appeal and revision mechanisms provided within the Excise Act itself. This ensures that excise matters are handled by specialized authorities, lead to quicker resolution, and avoid conflicting decisions between civil courts and excise authorities.

Key Points Section 9B Rajasthan Excise Act

• Section 9B, Rajasthan Excise Act, 1950, bars civil courts from setting aside or modifying excise orders.
• Section 9B, Rajasthan Excise Act, 1950, applies to both original orders of competent officers and orders under Section 9A.
• Section 9B, Rajasthan Excise Act, 1950, mandates all remedies and challenges be handled within the excise law framework.
• Section 9B, Rajasthan Excise Act, 1950, prevents delay and conflicting judgments by excluding civil court jurisdiction.

Illustration

If an excise licensee receives a penalty order from an Excise Officer, they cannot file a civil suit to challenge that order. Instead, they must use the appeal or revision process outlined in Section 9A and related sections of the Rajasthan Excise Act, 1950.

Related Sections

• Section 9A: Appeals and Revision — Rajasthan Excise Act, 1950
• Section 9: Appointment of Officers — Rajasthan Excise Act, 1950

MCQs on Section 9B of the Excise Act

1. What does Section 9B, Rajasthan Excise Act, 1950, prohibit?
   A) Appeals to the Excise Commissioner
   B) Civil courts from entertaining suits to set aside excise orders
   C) Power of excise officers
   D) Filing of criminal cases
   Answer: B) Civil courts from entertaining suits to set aside excise orders
2. Section 9B, Rajasthan Excise Act, 1950, bars civil courts from entertaining suits regarding which types of orders?
   A) Traffic offences
   B) Original orders under the Excise Act and orders under Section 9A
   C) Contract disputes
   D) Property ownership
   Answer: B) Original orders under the Excise Act and orders under Section 9A
3. If someone wishes to set aside an excise order, what must they do as per Section 9B, Rajasthan Excise Act, 1950?
   A) Go to Civil Court
   B) Use the appeals and revision process set out in the Excise Act
   C) File a police complaint
   D) Write to the State Governor
   Answer: B) Use the appeals and revision process set out in the Excise Act
4. What is the main objective of Section 9B, Rajasthan Excise Act, 1950?
   A) To increase revenue
   B) To prevent civil court interference in excise matters
   C) To delegate powers
   D) To appoint officers
   Answer: B) To prevent civil court interference in excise matters