Excise department is one of the oldest departments in the state and it contributes a major share of the state revenue. Police usually invoke relevant sections of the abkari act and the kerala epidemic diseases ordinance2020 when they bust illicit liquor rackets. Act 16 of 2019 the kerala micro small and medium enterprises facilitation act, 2019 no. The abkari act 5 17 export means to take out of the state. The appellant was convicted by the additional sessions court ad hoc ii, kasaragod, for the offence under section 55a of the abkari act. Kerala abkari act software free download kerala abkari. Referring to the decision of the apex court in state of kerala v. Liquor consumption age in kerala to be raised from 21 to 23 years. Our audit was conducted between january and may 2011 with focus on identification of key risks by the department, efficacy in enforcement of provision of acts and rules relating to production, transportation and consumption of illicitharmful spirituous preparations, and effective implementation of annual abkari policies of the government. The appellant was chargesheeted by the excise inspector, kalikavu excise range in crime no. License not required for serving liquor in private functions. After the formation of the state of kerala, it was noticed that different abkari acts were in force in different parts of the state, namely.
The principles enshrined in the abkari act, the ndps act, the m and tp act and the rules, regulations and orders framed there under are followed by the department for its daytoday functioning. Password is a tool to recover lost or forgotten passwords to passwordprotected act. License not required for serving liquor in private. Offence and punishment under abkari act, i of 1077 kerala excise. The cochin abkari act, 1 of 1077 and the rules, orders and notifications made or issued thereunder and in force extended to the whole of kerala with effect from 11th may, 1967 as per the cochin abkari extension and amendment ordinance 1967 ordinance, no. Amendment of section 18,in the abkari act, i of 1077, in section 18. Substituted for the words cochin abkari act by act 10 of 1967. Kerala foreign liquor compounding, blending and bottling rules, 1975 2. On the other hand, the court examined the contention strictly on the basis of the legal provisions, specifically section 15 of kerala abkari act, and said residential place stands exempted from. Aboobacker, sho padinjarathara is awarded gse for his good performance done in detecting abkari act cases of padinjarathara ps crime nos. Kerala high court today held that license is not required for serving liquor in private functions organised in houses. In this clause, state means a state other than the state of kerala and includes a union territory. The kerala foreign liquor compounding, blending and bottling rules 1975.
Act 34 of 2007 the kerala antisocial activities prevention act, 2007 an act specifically to provide for the effective prevention and control of certain kind of antisocial activities is the state of kerala. The definition in abkari act does not take in methyl alcohol or methanol. Govt adds cess stress, takes fizz out of tipplers joy. Govt amends abkari act to allow liquor supply from.
The court delivered the order while considering a plea by one alex v chacko apprehending harassment by police and excise department authorities in a baptism function in which he is planning to serve liquor for guests. Travancore abkari act for travancore, cochin abkari act for cochin, madras abkari act for malabar. Acts and rules welcome to the state excise department, kerala. Liquor, licence, contraband liquor amendments appended. As of april 2019, there are 147 abkari and 276 narcotic drugs and psychotropic substances act ndps cases pending in the division, of which 90% are.
Ngt takes suo moto cognizance of incident, lists case for friday. According to provisions in the kerala abkari act and rules, a persons can possess three litres of indian made foreign liquor. Minus staff, kerala excises enforcement activities hit. The directions issued by the government from time to time are also complied with.
The excise duty is on goods manufactured inside kerala while being incurred by the beverages corporation on receipt and later paid. A decision to promulgate an ordinance to make necessary amendments in the abkari act in this regard was taken. Methyl alcohol is not a liquor or substance of that. The abkari act 1 of 1077, the prohibition act 1950, narcotic drugs and psychotropic substances act 1985, the medicinal and toilet preparations excise. Password enable you to retrieve your file instantly. Kerala abkari act, free kerala abkari act software downloads, page 3. Major rules under the abkari act, i of 1077 kerala excise. Kerala police rules 2020 download from link kerala police rules 2020. Some of the important rules framed under the abkari act are given below. Govt amends abkari act to allow liquor supply from warehouses with the amendment, the government lifted the rule which says only outlets, bars, clubs and military canteens should be allowed to. He was sentenced to undergo rigorous imprisonment for one year and to pay a fine of 1 lakh and, in default of payment of fine, to undergo rigorous imprisonment for two months. The abkari amendment act 1996 1 complete act citation. Government sources said that unless the state amends the definition of liquor in its own abkari act before moving the supreme court with such a request, it is most likely to backfire. Ramesh chennithala criticises abkari act amendment bill, kerala govt abkari ordinance.
Offence and punishment under abkari act, i of 1077. Arthapalisa, jenmibhogam and karathilchilavu abolition act, 2007. Kerala contradicts its own abkari act in plea before. Kerala government moves sc challenging citizenship amendment act 14 jan, 2020, 06.
Excise division articles involved in abkari cases are examined and reports furnished to various courts for trial of abkari offences. An amendment was made in the abkari act in 1984 to give effect to the same. State through the territory of the state of kerala. Site developed by state police computer centre, scrb and maintained by district police computer cell, malappuram. There is no contention that the levy is to be reckoned as a luxury tax or excise duty under the provisions of the kerala abkari act. The levy initially under rule 5 as also the enhanced fee under amended rule 5 are traced to the statutory power under section 24a of the kerala abkari act. The liquor samples collected from licensed shops are also examined in this division for detection of adulteration. The law department observed that online services for liquor sales couldnt be introduced without amending the kerala abkari act. As per the kerala abkari act, brewing wine having alcohol content at home is an offence under section 58, while selling it is punishable under section 55 i. Act 23 of 2019 the kerala industrial single window clearance boards and industrial township area development amendment act, 2019 no.
Only a 50 ml liquor from a onelitre bottle was seized. In sub clause ii of clause m of section 2 of the kerala abkari workers welfare fund act, 1989 19 of 1989, the. The abkari act 1 of 1077, the prohibition act 1950, narcotic drugs and psychotropic substances act 1985, the medicinal and toilet preparations excise duties act 1955, and the spirituous preparations inter state trade and commerce central act 1955 are the laws administered by the excise department. Earlier, the kerala government and the excise department explored ways to introduce online liquor sales and service delivery to avoid crowds at outlets. State of kerala, 2007 1 klt 401 that addition of starch to toddy does not attract sections 56 and 57a of the kerala abkari act for the reason that addition of starch does not add to the actual or apparent intoxicating quality or strength of toddy. A direction was sought against the third respondent to compound the offence as provided under section 67 a of abkari act introduced by kerala abkari amendment act 3 of 2010, contending that indian made foreign liquor was purchased from kerala state beverages corporation and were crmc 441610 being taken to his residence for a function and no. The abkari policy is declared for each financial year.
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