BE Act 86Chapter X · Miscellaneous

Section 86 · Further power of Chief Commissioner to make rules

- The Chief Commissioner may make rules-

(1)

for regulating the manufacture, supply or storage of any intoxicant, and in particular and without prejudice to the generality of this provision, may make rules for regulating-

(a)

the establishment, inspection, management and control of any place for the manufacture, supply or storage of any intoxicant, and the provision and maintenance of fittings, implements and apparatus therein;

(b)

the bottling of liquor for purposes of sale;

(c)

the cultivation of the hemp plant (Cannabis Sativa);

(d)

the collection of portions of the hemp plant (Cannabis Sativa) from which intoxicating drugs can be manufactured or produced, and the manufacture or production of intoxicating drugs therefrom;

(e)

the trapping of tan-producing trees and the drawing of tari from trees;

(f)

the marking of tan-producing trees in areas notified under Section 14, sub-section (1), and the maintenance of such marks;

(2)

for fixing the strength, price or quantity in excess of or below which any intoxicant shall not be supplied or sold, and the quantity in excess of which denatured spirit shall not be possessed, and for prescribing a standard of quality for any intoxicant;

(3)

for declaring how spirit manufactured in India shall be denatured;

(4)

for causing spirit so manufactured to be denatured through the agency or under the supervision of servants of the Government;

(5)

for ascertaining whether any spirit so manufactured has been denatured;

(6)

for regulating the deposit of any intoxicant in a warehouse established, authorised or contained under this Act, and the removal of any intoxicant from any such warehouse or from any distillery or brewery;

(7)

for prescribing the scale of fees or the manner of fixing the fees payable in respect of any exclusive privilege granted under Section 22 or any licence, permit or pass granted under this Act, or in respect of the storing of any intoxicant;

(8)

for regulating the time, place and manner of payment of such fees;

(9)

for prescribing the restrictions under which or the conditions on which any licence, permit or pass may be granted, and in particular and without prejudice to the generality of this provision, may make rules for-

(i)

prohibiting the admixture with any intoxicant of any article deemed to be noxious or objectionable;

(ii)

regulating or prohibiting the reduction of liquor by a licensed manufacturer or licensed vendor from a higher to a lower strength ;

(iii)

prescribing the nature and regulating the arrangement of the premises in which any intoxicant may be sold and prescribing the notices to be exposed at such premises ;

(iv)

prohibiting or regulating the employment by the licensee, of any person or class of persons to assist him in his business;

(v)

prohibiting the sale of any intoxicant except for cash ;

(vi)

prescribing the days and hours during which any licensed premises may or may not be kept open, and providing for the closing of such premises on special occasions ;

(vii)

prescribing the accounts to be maintained and the returns to be submitted by licensees ; and

(viii)

regulating the transfer of licences ;

(10)

for prescribing the particulars to be contained in licences, permits or passes granted under this Act ;

(11)

for the payment of compensation to licensees whose premises are closed under Section 26 or under any rule made under sub-Clause (vi) of Clause (9) of this section ;

(12)

for prescribing the time, place and manner of levying duty on intoxicant ;

(13)

for providing for the destruction or other disposal of any intoxicant deemed to be unfit for use ; and

(14)

for regulating the disposal of things confiscated under this Act.Explanation.-Fees may be prescribed under Clause (7) of this section, at different rates for different classes of exclusive privileges, licences, permits, passes for storage, and for different areas.

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