BE Act 85Chapter X · Miscellaneous

Section 85 · Power of Chief Commissioner to make rules

(1)

The Chief Commissioner may make rules to carry out the objects of this Act.

(2)

In particular, and without prejudice to the generality of the foregoing provisions, the Chief Commissioner may make rules-

(a)

for prescribing the powers and duties of officers of the Excise Department;

(b)

for regulating the delegation of any powers by the Excise Commissioner or Collector under Clause (g) of sub-section (2) of Section 7 ;

(c)

for declaring in what cases or classes of cases and to what authorities appeals shall lie from orders whether original or appellate, passed under this Act or under any rule made hereunder, and for prescribing the time and manner for presenting, and the procedure for dealing with such appeals;

(d)

for regulating the import, export or transport of any intoxicant;

(e)

for regulating the periods for which licences for the wholesale or retail vend of any intoxicant may be granted, and the number of such licences which may be granted for any local area;

(f)

for prohibiting the grant of licences for the retail sale of any intoxicant at any place or within any local area described in the rules, or for defining the places in the vicinity of which shops for the retail sale of any intoxicant shall not ordinarily be licensed;

(g)

for prohibiting the grant to specified classes of persons licences for the retail sale of any intoxicant;

(h)

for declaring, either, generally, or in respect of areas described in the rules, the persons or classes of persons to whom any intoxicant may or may not be sold;

(i)

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(j)

for regulating the procedure to be followed and prescribing the matters to be ascertained before any licence for the wholesale or retail vend of any intoxicant is granted for any locality;

(k)

for restricting the exercise of any of the powers conferred by Section 65, Clause (a), and Sections 66 and 67;

(l)

for declaring the Excise Officers to whom, and the manner in which, information or aid should be given under Section 71;

(m)

for the grant of expenses to witnesses;

(n)

for the grant of compensation for loss of time to persons released by any Excise Officer under this Act on the ground that they have been improperly arrested, and to persons charged before a Magistrate with offences punishable under this Act and subsequently acquitted; and

(o)

for prescribing restrictions or modifications in the application to Excise Officers of the provisions of the Code of Criminal Procedure, 1898 (Act 5 of 1898); relating to powers of Police Officers which are referred to in Section 74, sub-section (1) of this Act.

(3)

The powers conferred by this section for making rules are subject to the conditions that the rules be made after previous publication :Provided that any such rules may be made without previous publication if the Chief Commissioner considers that they should be brought into force at once.

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