The 5th April 2022 No. 11/Utpad Niti- 01-03/2021/2458--In exercise of the powers conferred under Section-95 of Bihar Prohibition and Excise Act, 2016 the Government of Bihar is pleased to make the following rules to amend the Bihar Prohibition & Excise Rules, 2021: -

        1.Short title, extent and commencement: -

(1) These rules may be called The Bihar Prohibition & Excise (Amendment) Rules, 2022.

(2) These rules shall come into force on the date of their publication in the official gazette.

(3) It shall extend to the whole of the State of Bihar and shall apply to all pending cases.

        2. Substitution of Rule 12 (Sealing of Premises) of Bihar Prohibition and Excise Rules, 2021: - Rule 12 of Bihar Prohibition and Excise Rules, 2021 shall be substituted by the following: - "12. Sealing of Premises: -

(1) If any offence is or has been committed in any premises (whole or part thereof) under the Act, any officer within the meaning of Section-73 of the Act may immediately seal the premises (whole or part thereof). "Immediately" here means that sealing should be done in the course of the raid itself. In any case, sealing shall be done within 24 hours of the institution of First Information Report.

(2) Sealing shall be reported to the Collector within 24 hours of the sealing.

(3) If the premises used, is a temporary structure which cannot be effectively sealed, the police/excise officer shall, as soon as possible after obtaining the order of the Collector, demolish the temporary structure.

(4) Where any intoxicant is or has been manufactured, bottled, distributed, collected, stored, sold, purchased, imported, exported or transported in any premises or part thereof, such premises shall be fully sealed. (5) As far as possible, only that portion or private residential premises which has been used for committing offence shall be sealed and not the whole premises or entire residence.

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