(1) No Court shall take cognizance o f an offence punishable—
(a) under Section 37, Section 38, Section 38 -A, Section 39, except on a complaint or report of the Collector or an Excise Officer not below the rank of District Excise officer as may be authorised by the Collector in this behalf;
(b) under any other section of this Act other than Section 49 except on the complaint or report of an Exc ise Officer or Police Officer.
(2) Except with the special sanction of the State Government no Judicial Magistrate shall take cognizance of any offenc e punishable under this Act, or any rule or order thereunder, unless the prosecution is insti tuted within six months from the date on which the offence is a l leged to have been committed.
61-A. Tender of pardon to accused person turning appro ver.— Whenever two or more persons are prosecuted for an offence under this Act, the Chief Judicial Magistrate or any Magistrate of the first class inquiring into or trying the offence may, for the reasons to be recorded in writ ing by him, tender to any accused person a pardon on condition of his making a full and true disclosure of al l facts connected with the offence.
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CHAPTER VIII-A SPECIAL PROVISIONS FOR SCHEDULED AREAS 61-B. Definitions.— In this Chapter, unless the context, otherwise requires,—
(a) „Scheduled Areas‟ means the Scheduled Areas, as referred to in clause (1) of Article 244 of the Consti tution of India;
(b) “Gram Panchayat and „Gram Sabha” shall have the same meaning as assigned to them in the Madhya Pradesh Panchayat Raj Adhini yam, 993 (No. 1 of 1994);
(c) “Scheduled Tribes” means any tribe or tr ibal community or part of, or group within such t ribe or tr ibal community specified as Scheduled Tribes with respect to the State of Madhya Pradesh under Article 342 of the Consti tution of India.
61-C. Scope and extent.— The provisions of this chapter shall apply to the Scheduled Areas, and if there is anything repugnant in this Act, the provisions of this chapter shall prevail .
61-D. Exemption of members of the Scheduled Tribes from certain provisions of the Act.— (1) The provisions of this Act in respect of manufacture of country spiri t by dist i l lat ion, i ts possession and consumption shall not apply to the members of the Scheduled Tribes in the Scheduled Areas.
(2) The members of the Scheduled Tribes in the Scheduled Areas may manufacture country spiri t by dist i l lat ion subject to the following conditions, namely:—
(i) manufacture of country spiri t shall be for the purpose of domestic consumption and for consumption at social and religious functions only by the members of the Scheduled Tribes in the Scheduled Areas;
( i i) country spiri t so manufactured shall not be sold;
( i i i) the maximum limit for possession of country spiri t so manufactured shall be 4.5 l i ters per individual and 15 l i ters per househ old and in special circumstances 45 l i ters per household on the occasion of a social and religious function :
Provided that the Gram Sabha may reduce the l imit of possession of country spiri t .
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Explanation .— A household shall mean a group of persons residi ng and messing jointly as members of one domestic unit .
61-E. Power of Gram Sabha to regulate and prohibit manufacture sale etc. of intoxicants.— (1) The Gram Sabha shall have the power to regulate and prohibit manufacture, possession, transport , sale and consumption of intoxicants within i ts terri torial jurisdiction :
Provided that an order of prohibit ion passed by the Gram Sabha shall not apply to a manufactory engaged in the manufacture of any intoxicant arid established prior to coming into force of the provisions of this chapter.
(2) No new manufactory for manufacturer of any intoxicant shall be established and no new outlets for sale of intoxicants in any area comprised within the terri torial jurisdiction of the Gram Sabha shall be opened by State Government without the consent or permission of the Gram Sabha.
(3) If a Gram Sabha prohibits manufacture, possession, sale and consumption of any intoxicants in i ts area. the following consequences shall follow:—
(a) No new manufactory of intoxicants shall be established within the jurisdiction of the Gram Sabha.
(b) No new outlets for sale of any intoxicants shall be opened, and the exist ing outlets, if any, shall be closed with effect from the first day of the next f inancial year immediately following th e issue of order of prohibit ion.
(c) No person shall manufacture, possess, transport , sell or consume any intoxicant within the Gram Sabha Area.
61-F. Enforcement of the decisions of Gram Sabha. — The decisions taken and orders passed by a Gram Sabha unde r the provisions of this chapter shall be given effect to by the Gram Panchayat of i ts area. Where assistance of an enforcement agency of the State Government is considered necessary, the Gram Panchayat shall proceed to approach the Sub -Divisional Magistra te of the area or an Officer authorised by him who shall take necessary action to r ender the assistance required.
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CHAPTER IX MISCELLANEOUS