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Section 124: Power of State Government to make rules

The Karnataka Prohibition Act, 1961State Act of Karnataka · Act 17 of 1962

(1) The State Government may, by notification, make rules for the purpose of carrying out the provisions of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, the State Government may make rules—

(a) regulating the application of any powers by the Commissioner, by a Deputy Commissioner or by any other Prohibition Officer;

(b) regulating the import, export, transport, collection, sale, purchase, consumption, use or possession of any intoxicant or hemp, mhowra flowers or molasses;

(c) regulating the manufacture of any intoxicant;

(d) regulating the cultivation and collection of hemp;

(e) regulating the tapping of toddy producing in 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, possession, manufacture, consumption, use or 45 cultivation of any of the articles mentioned in clause (b) and for the matters specified in clause (e);

(g) regulating the purposes and localities for which licences may be granted for the wholesale or retail vend of any of the 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 authorisation for the vend, consumption, or use of any of the articles mentioned in clause (b) is granted to any person or in any locality;

(i) prohibiting and regulating the employment by a licence holder of any person or class of persons to assist him in his business in any capacity whatsoever;

(j) prescribing the manner in which the juice from a cocoanut, date or any kind of palm tree is to be treated for the purpose of preventing fermentation;

(k) prescribing the persons or classes of persons to whom any intoxicant or hemp may not be sold or who may be allowed to sell, purchase or use;

(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 expenses to persons called to give information in the investigations in respect of offences under this Act;

(n) regulating the printing, publishing or otherwise displaying or distributing any advertisement or other matter soliciting the use of or offering any intoxicant 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 authorisation issued thereunder;

(o) regulating within the State the circulation, distribution or sale of any newspaper, news-sheet, book, leaflet, booklet or other publication, printed and published outside the State containing any advertisement or matter which solicits the use of or offers any intoxicant or hemp;

(p) imposing restrictions or conditions on buyers of intoxicant including provisions for compelling them to sign entries pertaining to the purchase of intoxicant by them;

(q) prescribing the specifications and test in respect of the purity of molasses;

(r) regulating the taking of samples of molasses;

(s) prescribing the powers, functions and duties of Prohibition Officers, Committees and Medical Boards and the fees and allowances payable to the members of the Committees and Medical Boards;

(t) prescribing the procedure regarding the work of the Board of Experts;

(u) prescribing the fees payable in respect of any privileges, licence, permit, pass or authorisation granted or issued under this Act;

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(v) prescribing the period within which and the form in which a declaration under section 54 shall be submitted, and the form in which accounts shall be maintained;

(w) prescribing the maximum number of licences, permits, passes, or authorisations of any kind which may be granted in any area or to any class of persons;

(x) prescribing the number of places at which any intoxicant, hemp, mhowra flowers 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 places in respect of which licences for sale may be granted and the number of such places, which may be managed by the State Government;

(y) prescribing the maximum quantity of any intoxicant, hemp, mhowra flowers or molasses, which may be sold in any area or at any place;

(z) prescribing the procedure to be followed before granting any licence;

(aa) prescribing the manner of collecting and forwarding blood and prescribing the form of certificate and other particulars required to be stated therein under sub-section (2) of section 109.

(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 Government considers that they should be brought into force at once.

Where this provision sits

ActThe Karnataka Prohibition Act, 1961
Section124
Marginal notePower of State Government to make rules
JurisdictionState of Karnataka
StatusIn force as published by the source

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