Section 143 : Power of State Government to make rules :
The Maharashtra Prohibition Act 1949
Section 143 :
Power of 1.[State] Government to make rules :
(1) The 1.[State] Government may make rules for the purpose of carrying out the provisions of this Act or any other law for the time being in force relating to excise revenues.
(2) In particular and without prejudice to the generality of the foregoing provision the 1.[State] Government may make rules, -
(a) regulating the delegation of any powers by the 2.[Commissioner], by Collector or by any other Prohibition Officer;
(b) regulating the import, export, transport, 3.[collection], sale, purchase, 4.[bottling], consumption, use or possession of any intoxicant, 5.[denatured spirituous preparation] or hemp, mhowra flowers or molasses;
(c) regulating the manufacture of any intoxicant 6.[or denatured spirituous preparation];
(d) regulating the cultivation and collection of hemp;
(e) regulating the tapping of toddy-producing trees and drawing of toddy therefrom;
(f) regulating the grant, suspension or cancellation of licences, permits, passes or authorizations for the import, export, transport 7.[collection, sale, purchase], possession, manufacture, 8.[bottling], consumption use or cultivation of any of the above articles mentioned in 9.[clause (b) and for the matters specified in clause (e)];
(g) regulating the periods and localities for which the licences may be granted for the wholesale or retail vend of any of the above articles mentioned in clause (b);
(h) providing for the consulting of public opinion and prescribing the procedure to be followed and the matters to be ascertained before any licence, permit, pass or authorization for the vend, consumption or use of any of the above articles mentioned in clause (b) is granted to any person or in any locality;
10.[(h1) prescribing the restrictions under which and the conditions on which any licence, permit, pass or authorization may be granted including-
(i) the prohibition of the admixture with any intoxicant of any substance deemed to be noxious or objectionable;
(ii) the fixing for the strength, price or quantity in excess of or below which any intoxicant or mhowra flowers shall not be sold or supplied, and the quantity in excess of which denatured spirit, denatured spirituous preparation or molasses shall not be possessed or sold and the prescription or a standard or quality for any intoxicant denatured spirituous preparation, mhowra flowers or molasses;
(iii) the prohibition of sale of any intoxicant, denatured spirituous preparation or hemp except for cash;
(iv) the prescription of the days and hours during which any licensed premises may or may not be kept open and provisions for the closure of such premises on special occasions;
(v) the prescription of the nature of the premises on which any intoxicant may be sold and the notices to be exposed at such premises;
(vi) the prescription of the accounts to be maintained and the returns to be submitted by licence-holders or permit-holder;
(vii) the regulation or prohibition of the transfer or licences;
(viii) the writing of the names and addresses and the taking of signatures of purchasers in the register of sale of any intoxicant, hemp, mhowra flowers or molasses or any article the sale or purchases of which is regulated by clause (b) of sub-section (1) of section 139;
(h2) (i) declaring the processes by which spirits shall be denatured in particular areas, or for particular purposes;
(ii) for causing such spirits to be denatured through the agency or under the supervision of the Government Officers and for the payment of charges for such supervision;
(iii) for ascertaining whether such spirits have been denatured.]
(i) prohibiting and regulating the employment by the licence-holder of any person or classes or persons to assist him in his business in any capacity whatsoever;
(j) prescribing the manner in which the juice from a coconut, barb, date or any kind of palm trees is to be treated for the purpose of preventing fermention;
11.[(k) prescribing the persons or classes of persons to whom any intoxicant, denatured spirituous preparation, hemp, mhowra flowers or molasses may or may not be sold or who may or may not be allowed to sell, purchase or use any of these articles;]
(l) for the prevention of drunkenness, gambling or disorderly conduct in or near any licensed premises and the meeting and remaining of persons of bad character on such premises;
12.[(l1) prescribing the occasions on which special orders may be granted for the sale by retail of larger quantities or liquor or intoxicating drugs, or opium than those which are prescribed in any notification issued under this Act and the conditions on which such sales may be made;
(l2) prescribing the amount of security to be deposited by the holder of any licence, permit, pass or authorization for the performance of the conditions for the same;
(l3) providing for the maintenance by the holders of licences, permits, passes or authorizations of the registers of sales, purchases, possession consumption or use and the particulars to be entered in the register;]
13.[(m) regulating the grant of rewards or expanses to officers, informants, or persons giving information or assistance in the detection or investigation of offences under this Act, and of compensation to persons charged with offences punishable under this Act and acquitted;]
(n) regulating the printing, publishing or otherwise displaying or distributing any advertisement or other matter 14.[*] soliciting the use of, or offering any intoxicant 15.[or] hemp or calculated to encourage or incite any individual or class of individuals or the public generally to commit an offence under this Act or to commit a breach or evade the provisions of any rule or order made thereunder or the conditions of any licence, permit, pass or authorization issued thereunder;
(o) regulating within the 16.[State] the circulation, distribution or sale of newspaper, news-sheet, book, leaflet, booklet, or other publication 17.[printed and published] outside the State containing any advertisement or matter which 18.[*] solicits the use of, or offers any intoxicant, or hemp 19.[*].
20.[(p) imposing restrictions and conditions on buyers of intoxicant, denatured spirituous preparation, hemp, mhowra flowers or molasses or any article the purchase of which is regulated by clause (b) of sub-section (1) of section 139 including provision for compelling them to sign entries pertaining to the purchase by them of any of these articles;]
(r) regulating the taking of samples of molasses;
22.[(r1) prescribing the constitution of Committees, Boards and Medical Boards or panels thereof and the procedure regarding their work;]
(s) prescribing the powers, functions and duties of Prohibition Officers, 23.[boards, Committees] and 24.[Medical Boards or panels thereof] and the fees and allowances payable to the members of the 23.[boards, Committees] and 24.[Medical Boards or panels thereof];
25.[(t) prescribing the procedure regarding the work of the Board of Experts;
26.[(t1) prescribing conditions of through transport under section 29;]
(u) prescribing the fees 27.[(including rent or consideration)] payable in respect of any privilege, licence, permit, pass or authorization granted or issued under this Act;
28.[(uu) prescribing the other persons, other institutions or the circumstances under clause (b) of sub-section (3) of section 66];
(v) prescribing the period within which and the form in which a declaration under section 107A shall be submitted and the account shall be maintained];
29.[(w) prescribing the manner of collecting and forwarding blood and prescribing the form of certificates, and the other particulars required to be stated therein under sub-section (2) of section 129A].
30.[(x) prescribing the form of application, the mode of submitting the application and manner of verification of authenticity of the applicants under clause (b) of subsection (2) of section 134A;
(y) prescribing the eligibility for the appointment as a member of the Gram Rakshak Dal under sub-section (4) of section 134A;
(z) prescribing the duties and responsibilities of the members of Gram Rakshak Dal under sub-section (7) of section 134A.]
(3) The power to make rules under this section shall be subject to the condition of previous publication:
Provided that any such rules may be made without previous publication if the 1.[State] Government considers that they should be brought into force at once.
31.[(4) All rules made under this Act shall be laid for not less than thirty days before each House of the State Legislature as soon as may be after they are made, and shall be subject to such modifications as the State Legislature may make during the session in which they are so laid or the session Immediately following.]
1. Substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.
2. Substituted for the word 'Director' by Maharashtra 52 of 1973, Section 3, Schedule.
3. Inserted by Bombay 26 of 1952, Section 61(1).
4. Inserted by Bombay 22 of 1960, Section 94(1)(a).
5. Inserted by Bombay 22 of 1960
6. Inserted by Bombay 22 of 1960, Section. 94(1)(ab)
7. Inserted by Bombay 26 of 1952, Section 51(2)(a)
8. Inserted by Bombay 22 of 1960, Section 94(1)(c).
9. Substituted for the words, brackets and letters 'clauses (b) and (e)' by Bombay 26 of 1952, Section 51(2)(b).
10. Inserted by Bombay 22 of 1960, Section 94(1)(d).
11. Substituted by Bombay 22 of 1960, Section 94(1)(e).
12. Clauses (l1), (l2) and (l3) inserted by Bombay 22 of 1960, Section 94(1)(f).
13. Substituted for the original by Bombay 22 of 1960, Section 94(1)(g).
14. The word 'commending' was deleted by Bombay 26 of 1952, Section 5l(3)(a).
15. Inserted by Bombay 22 of 1960, Section 51(3)(b).
16. Substituted for the words 'pre-Reorganisation State of Bombay, excluding the transferred territories' by Bombay 12 of 1959, Section 3.
17. Substituted for the words 'whether printed or published' by Bombay 26 of 1952, Section 51(4)(a).
18. The words 'is prescribed or which commends' were deleted by Bombay 22 of 1960, Section 5l(4)(b).
19. The words 'to be forfeited to the State Government' were deleted by Bombay 22 of 1960, Section 51(4)(c).
20. Substituted by Bombay 22 of 1960, Section 94(1)(h).
21. Clause (q) was deleted by Bombay 22 of 1960, Section 94(1)(i).
22. Inserted by Bombay 22 of 1960, Section 94(1)(j)
23. Substituted for the words 'Committees', by Bombay 22 of 1960, Section 94(1)(k).
24. Substituted for the words 'Medical Boards' by Bombay 22 of 1960.
25. Substituted clause (t), by Bombay 26 of 1952, Section 51(5).
26. Inserted by Bombay 22 of 1960, Section 94(1)(l).
27. Inserted by Maharashtra 70 of 1981, Section 3.
28. Inserted by Bombay 12 of 1959, Section 17(a).
29. Inserted by Bombay 12 of 1959, Section 17(b).
30. Inserted by Maharashtra 19 of 2017, section 4.
31. Inserted by Bombay 22 of 1960, Section 94(2).
Prior to Bombay Prohibition Act 1949.
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