(1) All orders passed by any Prohibition Offi cer other than the Collector or 1[Director] under this Act, shall be appealable to the Collector at any time within sixty days from the date of the order complained of.
(2) All orders passed by the Collector and 1[Director] shall be appealable to the 1[Director] and the 2[State] Government respectively at any time within ninety days from the date of the order complained of :
Provided that no appeal shall lie against an order passed by the 1[Director] on appeal.
(3) Subject to the foregoing provisions, the rules which the 2[State] Government may make in this behalf shall apply to appeals under this section.
3[138. The State Government may call for and examine the record of any proceeding before any Prohibition Offi cer, including that relating to the grant or refusal of a licence, permit, pass or authorization under this Act, for the purpose of satisfying itself as to the correctness, legality or propriety of any order passed in, and as to the regularity of, any such proceeding and may, when calling for such record, direct that the order be not given effect to pending the examination of the record. On examining the record, it may either annul, reverse, modify or confi rm such order, or pass such other order as it may deem fi t.]
CHAPTER XI.
MISCELLANEOUS.
139. 4[(1)] Notwithstanding anything contained in this Act or the rules made thereunder, the 2[State] Government may, by general or special order,—
(a) prohibit the grant of any kind of licences, permits, passes or authorizations throughout the 5[State] or in any area ;
1. This word was substituted for the word ‘’Commissioner” by Bom. 28 of 1950, Sch.
2. This word was substituted for the word “Provincial” by the Adaptation of Laws Orders, 1950.
3. This Section was substituted by Bom. 22 of 1960, s. 90.
4. Section 139 was renumbered as sub-section (1), ibid., s. 91 (1).
5. This word was substiuted for the words “Pre-reorganisation State of Bombay, excluding the transferred territories” by Bom. 12 of 1959, s.3 .
Landlords and others to give information.
Appeals.
Revision.
General poweres of 2[State] Government in respect of licences, etc.
1949 : Bom. XXV ] Gujarat Prohibition Act., 1949 57 H-2065—15
(b) regulate the import, export, transport, possession, sale, purchase, consumption or use of any intoxicant, hemp, mhowra fl owers, molasses or any article which is likely to be used for the manufacture of an intoxicant with or without licence, permit, pass or authorization throughout the 1[State] or within the limits of any local area subject to such conditions 2[as it may impose];
3[(c) exempt any person or institution or any class of persons or institutions from all or any of the provisions of this Act or from all or any of the rules, regulations or orders made thereunder or from all or any of the conditions of any licence, permit, pass or authorization granted thereunder, subject to such conditions as it may impose;
(d) exempt any intoxicant or class of intoxicants, denatured spirituous preparation, hemp, mhowra fl owers or molasses from all or any of the provisions of this Act or from all or any of the rules, regulations or orders made thereunder, subject to such conditions as it may impose ;
(d1) remit or refund wholly or partially any fee in respect of any privilege, licence, permit, pass or authorization granted under this Act or any duty on toddy producing trees or any excise or countervailing duty or fee leviable under this Act on any intoxicant, hemp, mhowra fl owers or molasses from any person or institution or from a class of persons or institutions or exempt any person or institution or class of persons or institutions from the payment of such duty or fee, subject to such conditions as it may impose;]
(e) prescribe the maximum number of licences, permits, passes or authorizations of any kind which may be granted in any area or to any class of persons ;
(f) prescribe the number of places at which any intoxicant specifi ed in such order, 4[denatured spirituous preparation], hemp, mhowra fl owers or molasses may be sold in any area, the location of such places in any area, the days and hours during which such places may or may not be kept open, the number of such places in respect of which licences for sale may be granted and the number of such places which may be 5[ managed by the State Government departmentally;]
(g) direct that no licence, permit, pass or authorization of the kind specifi ed in such order shall be granted without the previous approval of the 6[State] Government or also direct any additions or alterations to be made to or in the conditions subjects to which under any other provisions of this Act, such licence, permit, pass or athorization can be granted;
(h) prescribe the maximum quantity of any intoxicant, 7[denatured spirituous preparation], hemp, mhowra fl owers or molasses which may be sold in any area or at any place ;
8[(i) prescribe in respect of any place or area, the maximum number of toddy producing trees for tapping which or for drawing toddy from which licence or licences may be granted;]
9[(j) prescribe the procedure for the disposal of any shop or shops authorised to sell any intoxicant, denatured spirituous preparation, hemp, mhowra fl owers or molasses under this Act and the procedure to be followed before granting any licence or licences;]
1. This word was substituted for the words “pre-Reorganisation State of Bombay, excluding the transferred territories” by Bom. 12 of 1959, s.3 .
2. These words were substituted for the words “and for such periods as it deems fi t” by Bom. 22 of 1960, s. 91
(1) (a).
3. Clauses (c), (d) and (dl) were substituted clauses (c) and (d), ibid., s. 91 (l) (b).
4. These words were inserted, ibid., s. 91(1) (c) (i)
5. These words were substituted for the words “managed by the Excise Department” ibid, s. 91 (l) (c) (ii).
6. This word was substituted for the word “Provincial” by the Adaptation of laws Order, 1950.
7. These words were inserted by Bom. 22 of 1960, s. 91(1) (d).
8. Clause (i) was substituted ibid., s. 91 (1) (e).
9. This clause was substituted ibid., ibid, s. 91 (1) (f).
58 Gujarat Prohibition Act., 1949 [1949 : Bom. XXV
(k) direct that before granting licences, auctions may be held, tenders called for or offers received and that licences shall be granted 1[subject to such conditions as may be prescribed] to persons whose bids, tenders or offers are accepted by the Collector;
(l) specify the persons or class of persons 2[to whom licences may or may not be granted] and in cases in which auctions are held, the person or classes of persons who may or may not be peimitted to offer bids at such auctions;
(rn) direct that licences of the kind specifi ed in such order shall be granted to persons specifi ed in such order ; and
(n) issue such other instructions in any matter pertaining to the grant or otherwise of licences, permits passes or authorizations under this Act, as the 3[State] Government may deem proper.
4[(2) An order made under sub-section (1) shall, if it is of a general nature or affecting a class of persons, be notifi ed in the Offi cial Gazette.]
140. The 3[State] Government may, by general or special order, prohibit, regulate, or control, subject to such conditions as may be specifi ed in the order, the consumption or use of any intoxicant or hemp, in any public place.