(1)

The [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] 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 provisions the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government may make rules,-

(a) regulating the delegation of any powers by the [Director] [This word was substituted for the word 'Commissioner' by Bombay 28 of 1950, Schedule], by Collector or by any other Prohibition Officer;

(b) regulating the import, export, transport, [collection] [This word was inserted by Bombay 26 of 1952, Section 51(1).], sale, purchase, [bottling] [This word was inserted by Bombay 22 of 1960, Section 94 (1)(a).], consumption, use or possession of any intoxicant, [denatured spirituous preparation] [These words were inserted, by Bombay 22 of 1960, Section 94 (l)(a).] or hemp, mohwra flowers or molasses;

(c) regulating the manufacture of any intoxicant [or denatured spirituous preparation] [These words were added, by Bombay 22 of 1960, Section 94(l)(b).];

(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 authorisations for the import, export, transport [collection, sale, purchase] [These words were inserted by Bombay 26 of 1952, section 51(2)(a).], possession, manufacture, [bottling] [This word was inserted by Bombay 22 of 1960, Section 94 (1)(a).], consumption, use or cultivation of any of the above articles mentioned in [[clause (b) and (bb)] [These words, brackets and letters were substituted for the words, brackets and letters 'clauses (b)' and (c)' by Bombay 22 of 1960, Section 51 (2) (6).] 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 [clauses (b) and (bb)] [These words, brackets and letters were substituted for the words, brackets and letters 'clause (b)' by Bombay 22 of 1960, Section 16 (3).];

(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 authorisation for the vend, consumption or use of any of the above articles mentioned in [clauses (b) and (bb)] [These words, brackets and letters were substituted for the words, brackets and letters 'clause (b)' by Bombay 22 of 1960, Section 14 (4).] is granted to any person or in any locality;

(i) the prohibition of the admixture with any intoxicant of any substance deemed to be noxious or objectionable;

(ii) the fixing of 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 of 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, hemp, rottern gur or ammonium chloride] 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, rotten gur or ammonium chloride] [These words were substituted for the word 'intoxicant' by Bombay 22 of 1960, Section 16 (5) (b).] 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-holders;

(vii) the regulation or prohibition of the transfer of 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, rotten gur or ammonium chloride] [These words were substituted for the word 'mhowra flowers or molasses', by Bombay 22 of 1960, section 16 (5) (c).] or any article the sale or purchases of which is regulated by clause (b) of sub-section (1) of Section 139;

(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 of persons to assist him in his business in any capacity whatsoever;

(j) prescribing the manner in which the juice from a coconut, brab, date or any kind of palm trees is to be treated for the purpose of prevailing fermentation;

(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;

(m) [ regulating the grant of rewards or expenses to officers, informant 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;] [This clause was substituted for the original, by Gujarat 9 of 1978, section 94(l)(g).]

(n) regulating the printing, publishing or otherwise displaying or distributing any advertisement or other matter [***] [The word 'commending' was deleted by Bombay 26 of 1952, Section 51(3)(a).] soliciting the use of, or offering any intoxicant [hemp, rotten gur or ammonium chloride] [These words were substituted for the words 'intoxicant or hemp' by Gujarat 9 of 1978, Section 16 (7).] 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 authorisation issued thereunder;

(o) regulating within the [State] [This word was substituted for the words 'Pre-Reorganisation State of Bombay, excluding the transferred territories by Bombay 12 of 1959, Section 3.] the circulation, distribution or sale of newspaper, news-sheet, book, leaflet, booklet, or other publication [printed and published outside the [State] [These words were substituted for the words 'whether printed or published 'by Bombay 26 of 1952, Section 51 (4) (a).] containing any advertisement or matter which [*] [The words 'is prescribed.or which commends 'were deleted, by Bombay 12 of 1959, Section 51 (4)(b).] solicits the use of, or offers any [intoxicant, hemp, rotten gur or ammonium chloride] [These words were substituted for the words 'intoxicant, or hemp' by Gujarat 9 of 1978, Section 16 (8).], [*] [The words 'to be forfeited to the State Government' were deleted, by Bombay 26 of 1952 Section 51 (4)(c).]

(p) [ imposing restrictions and conditions on buyers of intoxicant, denatured spirituous preparation, hemp, [mhowra flowers, molasses, rotten gur or ammonium chloride] [This clause was substituted for the original by Bombay 22 of 1960, Section 94 (1)(h).] 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, rotten gur or ammonium chloride] [These words were substituted for the words 'Sample of molasses' by Gujarat 9 of 1978, Section 16 (10).];

(s) prescribing the powers, functions and duties of Prohibition Officers, [Boards, Committee] [These words were substituted for the words 'Committees', by Bombay 22 of 1960, Section 94 (l)(k).] and [Medical Boards or panels thereof] [These words were substituted for the words 'Medical Boards' by Bombay 22 of 1960, Section 94 (l)(k).] and the fees and allowances payable to the members of the [Boards, Committee] [These words were substituted for the words 'Committees', by Bombay 22 of 1960, Section 94 (1)(k).] and - [Medical Boards or panels thereof] [These words were substituted for the words 'Medical Boards' by Bombay 22 of 1960, Section 94 (1)(k).];

(t) [ prescribing the procedure regarding the work of the Board of Experts; [Clauses (t) to (v) were substituted for the original clause (t), by Bombay 26 of 1952, Section 51(5).]

(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] [This clause was added, by Bombay 12 of 1959, Section 17(b).].

(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 [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government considers that they should be brought into force at once.

(4)

[ All rules made under this Act shall be laid for not less than thirty days before [***] [This sub-section was inserted by Bombay 22 o?' 1960, Section 94(2).] 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.]