(1) The 1[Director] may make regulations, not inconsistent with the provisions of this Act, or rules.—
(a) regulating, as the case may be, the 2* supply or storage of any intoxicant, 3[denatured spirituous preparation] or hemp, 4[mhowra fl owers, molasses, rotten gur or ammonium chloride ] including—
(i) the erection, inspection, supervision, management and control of any place for the manufacture, supply or storage of such article, and the fi ttings, implements and apparatus to be maintained therein;
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(b) regulating the deposit of any intoxicant, hemp, 6 [*] 7 [mhowra fl owers, molasses, rotten gur or ammonium chloride ] in a warehouse and the removal of such articles from any such warehouse or from any distillery or brewery ;
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(d) prescribing the scale of fees or the manner of fi xing the fees payable in respect 9[* *] of any storage of any intoxicant, hemp, 6 * 10 [mhowra fl owers, molasses, rotten gur or ammonium chloride ] ;
(e) regulating the time, place and manner of payment of any duty or fees ;
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(h) providing for the destruction or other disposal of any intoxicant declared to be unfi t for use
(i) regulating the disposal of confi scated or forfeited articles ;
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(m) regarding any other matter which the 12 [State] Government may, by notifi cation in the Offi cial Gazette, direct him to prescribe for the purpose of carrying out the provisions of this Act.
(2) The regulations made under this section shall be published in the Offi cial Gazette.
145. All offi cers and persons empowered to exercise any powers or to perform any functions under this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.
146. No suit or proceeding shall be lie against the 13[Government] or against any prohibition, Police, or other offi cers or against any person empowered to exercise powers or to perform functions under this Act, for anything in good faith done or purporting to be done under this Act.
14[146 A.(1) All prosecutions of any Prohibition, Police or other offi cers, or of any persons empowered to exercise powers or to perform functions under this Act, and all actions which may be lawfully brought against the Government or any of the aforesaid offi cers or persons, in respect of anything done or alleged to have been done in ‘pursuance of this Act, shall be instituted within four months from the date of the act complained of, and not afterwards ; and any such action shall be dismissed.—
1. This word was substituted for the word “Commissioner” by Bom. 28 of 1950, Sch.
2. The word “manufacture” was deleted by Bom. 22 of 1960, s. 95 (a) (i).
3. These words were inserted, ibid., s. 95 (a) (ii).
4. These words were substituted for the words “mhowra fl owers or molasses” by Guj. 9 of 1978, s. 17 (1).
5. Sub-clauses (ii) to (v) were deleted by Bom. 22 of I960, s. 95 (a) (iii).
6. The word , ‘opium”, was deleted, ibid., s. 95 (b).
7. These words were substituted for the words “mhowra fl owers or molasses” by Guj 9 of 1978, s. 17(2).
8. Clauses (c), (f), (g), (j), (k) and (l) were deleted, ibid., s, 95 (c).
9. The words beginning with the words “of any privilege” and ending with the words “authorisation or “ were deleted by Bom. 26 of 1952, s. 52 (1).
10. These words were substituted for the words “mhowra fl owers or molasses” by Guj. 9 of 1978, s. 17 (3).
11. This word was substituted for the word “ Provincial” by the Adaptation of Laws Order 1950.
12. This word was substituted for the word “Crown”, ibid.
13. Sections 146A and 146B were inserted by Bom. 22 of 1960, s. 96.
1[Director]s power to make regulations.
Offi cers and pesons acting under this Act to be public servants.
XLV of I860.
Bar of Proceeding Limitation of prosecutions or suits against offi cers.
64 Gujarat Prohibition Act., 1949 [1949 : Bom. XXV
(a) if the plaintiff does not prove that, previously to bringing such action, he has presented all such appeals allowed by this Act, or by any other law for the time being in force, as within the aforesaid period of four months it was possible to present ; or
(b) in the case of an action for damages, if tender of suffi cient amends shall have been made before the action was brought, or if after the institution of the action a suffi cient sum of money is paid into Court with costs, by or on behalf of the defendant.
(2) Subject to the provisions of section 197 of the Code of Criminal Procedure, 1898, no Court shall take cognizance of an offence committed or alleged to have been committed by any Prohibition, Police or other offi cer or any person empowered to exercise powers or to perform functions under this Act, in regard to anything done under this Act, until the sanction of the Collector having jurisdiction has been obtained.
146B. Save in so far as may be expressly provided in any rule, regulation or order made under this Act, nothing in this Act shall apply in respect of any intoxicant, denatured spirituous preparations, hemp. 1[mhowra fl owers, molasses, rotten gur or ammonium chloride ] which are the property and in the possession of the Government. ]
147. For removal of doubts it is hereby declared that nothing in this Act shall be deemed to apply to any intoxicant or other article in respect of its import or export across the customs frontiers. 2* * * *