H.P. Excise Act MCQ Quiz - Objective Question with Answer for H.P. Excise Act - Download Free PDF

The correct answer is 'Liquor can only be sold under the authority of a license granted by the Financial Commissioner or Collector.'

Key Points

• Sale of Liquor under the H.P. Excise Act, 2011:
  • The H.P. Excise Act, 2011, regulates the sale of liquor in Himachal Pradesh.
  • According to Section 23(1) of the Act, liquor cannot be sold without a license.
  • The license must be granted by the Financial Commissioner or the Collector.
  • This regulation ensures that the sale and distribution of liquor are controlled and monitored to prevent illegal activities and ensure public safety.

Additional Information

• Other Options:
  • Liquor can be sold without a license if the vendor is selling it in a public place:
    • This statement is incorrect. Selling liquor without a license is illegal, regardless of the location.
  • Liquor can be sold from any location if the vendor holds a valid license:
    • This statement is partially correct but misleading. While a valid license is necessary, the location from which liquor can be sold is often specified in the license and must comply with local zoning laws.
  • There are no restrictions on the consumption of liquor in public places:
    • This statement is incorrect. There are restrictions on the consumption of liquor in public places to maintain public order and safety.

The correct answer is 'A fine between ₹2,000 and ₹10,000.'

Key Points

• Punishment for selling liquor to minors under H.P. Excise Act, 2011:
  • According to Section 26(1) of the H.P. Excise Act, 2011, it is illegal for a license holder or their employee to sell or deliver liquor to a person apparently under the age of 18 years.
  • If this law is violated, the offender shall be punished with a fine ranging from ₹2,000 to ₹10,000.
  • This provision aims to prevent underage drinking and ensure that alcohol is sold responsibly.

Additional Information

• A fine of up to ₹50,000:
  • This option is incorrect because the specified fine in Section 26(1) is clearly defined as between ₹2,000 and ₹10,000, not up to ₹50,000.
• Three months imprisonment without any fine:
  • This option is incorrect as the punishment under Section 26(1) is specifically a monetary fine, and no provision for imprisonment is mentioned for this particular offense.
• No punishment, as minors can purchase liquor with parental consent:
  • This option is incorrect because the law does not allow any exceptions for selling liquor to minors, even with parental consent. It is strictly prohibited.

The correct answer is 'Adulterating liquor by adding substances that change its strength or quality.'

Key Points

• Prohibition under Section 24 of the H.P. Excise Act, 2011:
  • The act specifically prohibits licensed liquor vendors from adulterating liquor by adding substances that alter its strength or quality.
  • This provision is aimed at ensuring the safety and standardization of liquor sold to consumers, preventing health hazards caused by adulterated alcohol.
  • Adulteration can lead to severe penalties and revocation of the liquor vendor's license.

Additional Information

• Other actions mentioned in the options:
  • Selling liquor only from a licensed place: This is a legal requirement to ensure that liquor is sold from authorized venues, but it is not the action prohibited under Section 24.
  • Storing liquor in a registered warehouse: Licensed vendors are allowed to store liquor in registered warehouses to maintain proper inventory and control, as long as it complies with regulatory standards.
  • Selling liquor to a person above 18 years of age: This is permissible under law, as individuals above the age of 18 are legally allowed to purchase and consume liquor.

The correct answer is 'The excise duty or countervailing duty must be paid or a bond must be executed.'

Key Points

• H.P. Excise Act, 2011:
  • The H.P. Excise Act, 2011 is a legal framework governing the manufacture, possession, and sale of liquor in Himachal Pradesh.
  • As per Section 17 of the Act, liquor cannot be removed from a licensed distillery, brewery, or warehouse unless the excise duty or countervailing duty has been paid.
  • Alternatively, a bond can be executed for the payment of the duty, as prescribed by the law.
  • This provision ensures that the government collects the necessary revenue and prevents illegal distribution of liquor.

Additional Information

• Option 1 (A license must be renewed every year):
  • While it is important to renew licenses annually for compliance, this is not a prerequisite for removing liquor from a licensed facility as per Section 17.
• Option 2 (An application must be filed with the police department):
  • This is not a requirement under the H.P. Excise Act, 2011 for removing liquor from a licensed facility.
• Option 4 (A letter of approval from the local government must be obtained):
  • This is not specified as a condition for the removal of liquor under Section 17 of the Act.

The correct answer is 'Issuing land allotment for new liquor shops'

Key Points

• H.P. Excise Act, 2011 and Financial Commissioner:
  • The H.P. Excise Act, 2011 outlines the roles and responsibilities of the Financial Commissioner concerning the regulation of distilleries, breweries, and wineries in Himachal Pradesh.
  • The Financial Commissioner has several key functions including establishing and licensing facilities, determining security deposits, and regulating pricing.
  • However, the Act does not grant the Financial Commissioner the authority to issue land allotments for new liquor shops. This function typically falls under the jurisdiction of urban planning or municipal authorities.

Additional Information

• Establishing and licensing warehouses:
  • This is a key function of the Financial Commissioner, who is responsible for the establishment and licensing of distilleries, breweries, wineries, and warehouses under the H.P. Excise Act, 2011.
• Determining security deposits for licenses:
  • The Financial Commissioner has the authority to determine the security deposits required for licenses, ensuring compliance and financial accountability from licensees.
• Setting liquor prices:
  • The regulation of liquor prices charged by licensees is another responsibility of the Financial Commissioner, aimed at maintaining fair pricing and preventing exploitation.
• Issuing land allotment for new liquor shops:
  • This is not a function of the Financial Commissioner as per the H.P. Excise Act, 2011. Land allotment is typically managed by urban planning or municipal bodies.

The correct answer is 'Liquor can only be sold under the authority of a license granted by the Financial Commissioner or Collector.'

Key Points

• Sale of Liquor under the H.P. Excise Act, 2011:
  • The H.P. Excise Act, 2011, regulates the sale of liquor in Himachal Pradesh.
  • According to Section 23(1) of the Act, liquor cannot be sold without a license.
  • The license must be granted by the Financial Commissioner or the Collector.
  • This regulation ensures that the sale and distribution of liquor are controlled and monitored to prevent illegal activities and ensure public safety.

Additional Information

• Other Options:
  • Liquor can be sold without a license if the vendor is selling it in a public place:
    • This statement is incorrect. Selling liquor without a license is illegal, regardless of the location.
  • Liquor can be sold from any location if the vendor holds a valid license:
    • This statement is partially correct but misleading. While a valid license is necessary, the location from which liquor can be sold is often specified in the license and must comply with local zoning laws.
  • There are no restrictions on the consumption of liquor in public places:
    • This statement is incorrect. There are restrictions on the consumption of liquor in public places to maintain public order and safety.

The correct answer is 'A fine between ₹2,000 and ₹10,000.'

Key Points

• Punishment for selling liquor to minors under H.P. Excise Act, 2011:
  • According to Section 26(1) of the H.P. Excise Act, 2011, it is illegal for a license holder or their employee to sell or deliver liquor to a person apparently under the age of 18 years.
  • If this law is violated, the offender shall be punished with a fine ranging from ₹2,000 to ₹10,000.
  • This provision aims to prevent underage drinking and ensure that alcohol is sold responsibly.

Additional Information

• A fine of up to ₹50,000:
  • This option is incorrect because the specified fine in Section 26(1) is clearly defined as between ₹2,000 and ₹10,000, not up to ₹50,000.
• Three months imprisonment without any fine:
  • This option is incorrect as the punishment under Section 26(1) is specifically a monetary fine, and no provision for imprisonment is mentioned for this particular offense.
• No punishment, as minors can purchase liquor with parental consent:
  • This option is incorrect because the law does not allow any exceptions for selling liquor to minors, even with parental consent. It is strictly prohibited.

The correct answer is 'Adulterating liquor by adding substances that change its strength or quality.'

Key Points

• Prohibition under Section 24 of the H.P. Excise Act, 2011:
  • The act specifically prohibits licensed liquor vendors from adulterating liquor by adding substances that alter its strength or quality.
  • This provision is aimed at ensuring the safety and standardization of liquor sold to consumers, preventing health hazards caused by adulterated alcohol.
  • Adulteration can lead to severe penalties and revocation of the liquor vendor's license.

Additional Information

• Other actions mentioned in the options:
  • Selling liquor only from a licensed place: This is a legal requirement to ensure that liquor is sold from authorized venues, but it is not the action prohibited under Section 24.
  • Storing liquor in a registered warehouse: Licensed vendors are allowed to store liquor in registered warehouses to maintain proper inventory and control, as long as it complies with regulatory standards.
  • Selling liquor to a person above 18 years of age: This is permissible under law, as individuals above the age of 18 are legally allowed to purchase and consume liquor.

The correct answer is 'The excise duty or countervailing duty must be paid or a bond must be executed.'

Key Points

• H.P. Excise Act, 2011:
  • The H.P. Excise Act, 2011 is a legal framework governing the manufacture, possession, and sale of liquor in Himachal Pradesh.
  • As per Section 17 of the Act, liquor cannot be removed from a licensed distillery, brewery, or warehouse unless the excise duty or countervailing duty has been paid.
  • Alternatively, a bond can be executed for the payment of the duty, as prescribed by the law.
  • This provision ensures that the government collects the necessary revenue and prevents illegal distribution of liquor.

Additional Information

• Option 1 (A license must be renewed every year):
  • While it is important to renew licenses annually for compliance, this is not a prerequisite for removing liquor from a licensed facility as per Section 17.
• Option 2 (An application must be filed with the police department):
  • This is not a requirement under the H.P. Excise Act, 2011 for removing liquor from a licensed facility.
• Option 4 (A letter of approval from the local government must be obtained):
  • This is not specified as a condition for the removal of liquor under Section 17 of the Act.

The correct answer is 'Issuing land allotment for new liquor shops'

Key Points

• H.P. Excise Act, 2011 and Financial Commissioner:
  • The H.P. Excise Act, 2011 outlines the roles and responsibilities of the Financial Commissioner concerning the regulation of distilleries, breweries, and wineries in Himachal Pradesh.
  • The Financial Commissioner has several key functions including establishing and licensing facilities, determining security deposits, and regulating pricing.
  • However, the Act does not grant the Financial Commissioner the authority to issue land allotments for new liquor shops. This function typically falls under the jurisdiction of urban planning or municipal authorities.

Additional Information

• Establishing and licensing warehouses:
  • This is a key function of the Financial Commissioner, who is responsible for the establishment and licensing of distilleries, breweries, wineries, and warehouses under the H.P. Excise Act, 2011.
• Determining security deposits for licenses:
  • The Financial Commissioner has the authority to determine the security deposits required for licenses, ensuring compliance and financial accountability from licensees.
• Setting liquor prices:
  • The regulation of liquor prices charged by licensees is another responsibility of the Financial Commissioner, aimed at maintaining fair pricing and preventing exploitation.
• Issuing land allotment for new liquor shops:
  • This is not a function of the Financial Commissioner as per the H.P. Excise Act, 2011. Land allotment is typically managed by urban planning or municipal bodies.

The correct answer is 'The Financial Commissioner'

Key Points

• Authority under the H.P. Excise Act, 2011:
  • The H.P. Excise Act, 2011, is a legislative framework that regulates the manufacture, bottling, possession, and sale of liquor in Himachal Pradesh.
  • According to Section 15(1) of the H.P. Excise Act, 2011, the Financial Commissioner has the authority to regulate these activities.
  • The Financial Commissioner is responsible for imposing terms and conditions under which the manufacture, bottling, possession of liquor, and operation of distilleries, breweries, or warehouses may be conducted.

Additional Information

• The Chief Minister:
  • The Chief Minister is the head of the state government and plays a significant role in the administration but does not specifically have the authority to regulate the excise matters as per the H.P. Excise Act, 2011.
• The Excise Officer:
  • The Excise Officer is involved in the enforcement of excise laws and regulations but operates under the directives and supervision of the Financial Commissioner.
• The District Magistrate:
  • The District Magistrate oversees the administration of the district and ensures law and order but does not have the specific regulatory authority over excise matters as per the H.P. Excise Act, 2011.

The correct answer is Option 3

Key Points According to Section 41(b) of the HP Excise Act, if the mixing of noxious substances with liquor causes grievous hurt (as legally defined in section 320 of the Indian Penal Code), the penalty imposed is severe. The law mandates imprisonment for no less than six years, which can extend up to a life term, in addition to a fine that may reach up to five lakh rupees. This legal provision is designed to address serious injuries and enforces a rigorous penalty to deter the adulteration of liquor, thus safeguarding public health and legal accountability.

These questions are crafted to evaluate legal understanding and ensure that candidates are aware of the specific penalties for serious Offences involving liquor adulteration under the HP Excise Act, emphasizing the gravity of such Offences and the stringent penalties they attract.

The correct answer is Option 3

Key PointsSection 41(a) of the HP Excise Act specifies the most severe penalty for an individual who mixes or allows mixing noxious drugs or harmful ingredients with liquor, resulting in death. The act categorizes this offense as extremely serious, allowing for the maximum penalty of the death sentence along with a fine up to ten lakh rupees. This provision underscores the Act's stringent measures to prevent harm to human life from adulterated alcoholic products, reflecting a strict regulatory stance on maintaining public safety.

The correct answer is Option 2

Key PointsSection 48 of the HP Excise Act clarifies that when liquor is manufactured, sold, or possessed by one person on behalf of another, both parties involved hold responsibility. The person for whom the action is carried out is deemed to have performed the act themselves for the purposes of the Act, while the person actually performing the act does not escape liability. This provision ensures that legal accountability extends to all involved in the unlawful activities concerning liquor, thereby preventing individuals from circumventing the law by acting through intermediaries. This dual accountability reinforces the Act's comprehensive approach to regulating the production, sale, and possession of liquor, promoting greater adherence to the law and facilitating enforcement.

These questions effectively highlight the accountability and penalty structures within the HP Excise Act, ensuring that potential candidates understand the scope and application of the law in controlling liquor-related activities.

The correct answer is Option 2

Key PointsSection 53 of the HP Excise Act declares that while all Offences under the Act are generally bailable, specific exceptions apply. Offences  punishable under the first and second provisos of sub-section (1) of Section 39, along with Sections 40 and 41, are classified as non-bailable. This differentiation highlights the Act's approach to categorize the severity of Offences , where more serious violations related to illicit liquor activities, including certain acts of violence or severe non-compliance, warrant stricter legal control by making them non-bailable, reflecting the stringent regulatory framework aimed at curbing alcohol-related crimes.

These questions are tailored to examine the understanding of candidates regarding the punitive and procedural nuances of the HP Excise Act, focusing on its measures to enforce compliance and manage criminal proceedings related to excise law violations.