(1) The 1[ State ] Government may invest any offi cer of the Police department or any offi cers of any other department, either personally or in right of his offi ce with such powers, impose upon him such duties and direct him to perform such functions under this Act, rules or regulations or orders made thereunder, as may be deemed necessary and any such offi cers shall, thereupon, exercise the said powers, discharge the said duties and perform the said functions in addition to the powers, duties and functions incidental to his principal offi ce.
(2) The 1[State ] Government may also invest any person 5[****] with such powers, impose on him such duties and direct him to perform such functions under this Act, rules, or regulations or orders made thereunder, as may be deemed necessary. Such persons may be given such designations as the 1[ State ] Government may deem fi t.
7[6A.8[(1)9[ For the purpose of enabling the State Government to determine ] whether —
(a) any medicinal or toilet preparation containing alcohol, or
(b) any antiseptic preparation or solution containing alcohol, or,
(c) any fl avouring extract, essence or syrup containing alcohol, 10[ is an article fi t for use as intoxicating liquor, the State Government shall constitute a Board of Experts ] ].
(2) The Board of Experts constituted under sub-section (1) shall consist of such members, not less than 11[ fi ve in number ], with such qualifi cations as may be prescribed.
The members so appointed shall hold offi ce during the pleasure of the State Government.
(3) 12[ Three members ] shall form a quorum for the disposal of the business of the Board.
(4) Any vacancy of the member of the Board shall be fi lled in as early as practicable :
Provided that during any such vacancy the continuing members may act, as if no vacancy had occurred.
(5) The procedure regarding the work of the Board shall be such as may be prescribed.
1. This word was substitated for the word “Provincial” by the Adaptation of Laws Order, 1950.
2. This words “of land revenue” were deleted by Bom. 12 of 1959, s. 8 (b) (i).
3. These words were substituted for the words “all the powers and perform all the duties”, ibid., s. 8 (b) (ii).
4. This word was substituted for the word “Commissioner” by Bom. 28 of 1950. sch.
5. The words “working in an honorary capacity or otherwise” were deleted by Bom. 22 of 1960, s. 3 (a).
6. The words “Police and” shall be inserted, ibid., s.3(6).
7. Section 6A was inserted by Bom. 26 of 1952, s. 3.
8. Sub-section (1) was substituted for the original by Bom. 36 of 1954, s. 3 (i).
9. These woids were substituted for the words “For the purpose of determining” by Bom. 22 of I960, s.
4 (a).
10. These words were substituted for the words “is or is not an article unfi t for use as intoxicaiing liquor, the State Government shall constitute a Board of Experts’”, ibid.
11. These words were substituted for the words, ‘’three in number”, ibid, s. 4(b).
12. These words were substituted for the words “Two members”., ibid, s. 4(c).
Subordinate offi cers.
Investigating offi cers of 6[Police and] other department with power and duties under this Act.
Board of Experts.
1949 : Bom. XXV ] Gujarat Prohibition Act, 1949 9 1[(6) It shall be the duty of the Board to advise the State Government on the question whether any article mentioned in sub-section (1) is fi t for use as intoxicating liquor and also on any matters incidental to the question, referred to it by the State Government. On obtaining such advice, the State Government shall determine whether any such article is fi t for use as intoxicating liquor and upon determination of the State Government that it is so fi t, such article shall until the contrary is proved, be presumed to be fi t for use as intoxicating liquor. ] 2[(7) Until the State Government has determined, as aforesaid any article mentioned in sub-section (1) to be fi t for use as intoxicating liquor, every such article shall be deemed to be unfi t for such use.]