(1) The Administrator may make rules for the purpose of carry- Ing into effect the provisions of this Regulation,
(2) In particular and without prejudice to the generality of the foregoing provision, the Administrator may make rules—
(a) for the issue of licences, the forms for licences and permits and the particulars they shall contain, the fees payable therefor, the period, for which and the restrictions and limitations subject to which Central Act 2 of
1974.
Central Act 20 of
1958.
Central Act 2 of
1974.
Central Act 2 of
1974.
Central Act 1 of
1872.
Persong not to be released on probation.
Procedure- in case of offender failing to observe conditions of bond.
Provision •1:. to bonds.
Operation of the Code of Criminal Procedure, 1913, Prohibition Officer deemed to be a Police Officer for certain purposes Power to make rules.
140 THE GAZETTE OP INDIA EXTRAORDINARY [PAR! U— and the conditions on which they may be issued and the enforcement of the conditions of the licences and permits;
(b) prescribing the powers to be exercised and the duties to be performed by paid and honorary Prohibition Officers in furtherance of the objects of this Regulation;
(c) prescribing the ways in which the duty under section 27 may be levied;
(d) determining the local jurisdiction o£ Police Officers and Prohibition Officers in regard to inquiries and the exercise of preventive and investigating powers;
(e) authorizing any officer or person to exercise any power or perform any duty under this Regulation;
(/) prescribing the powers and duties of prohibition committees and the members thereof and the intervals at which the members of such committees shall make their reports;
(g) regulating the delegation by the Commissioner or by Collectors or other district officers of any powers conferred on them by or under this Regulation;
(7i) regulating the cultivation of the hemp plant, the collection of those portions of such plant from which intoxicating drugs can be manufactured and the manufacture of such drugs therefrom;
(i) declaring how denatured spirit shall be manufactured;
(j) declaring in what cases or classes of cases and to what authorities appeals shall lie from orders, whether original or appellate, passed under this Regulation or under any rule made thereunder, or by what authorities such orders may be revised, and prescribing the time and manner of presenting appeals, and the procedure for dealing therewith;
(k) for the grant of batta to witnesses, and of compensation for loss of time to persons released under sub-section (3) of section 50 on the ground that they have been improperly arrested and to persons charged before a Magistrate with offences under this Regulation and acquitted;
(I) regulating the power of Police Officers and Prohibition Officers to summon witnesses from a distance under section 56;
(m) for the disposal of articles confiscated and of the proceeds thereof;
(•n,) for the prevention of the use of medicinal or toilet preparations for any purpose other than medicinal or toilet purposes and for the regulation of the use of any liquor or drug exempted from all or any of the provisions of this Regulation;
(t>) for the proper collection of duty on all kinds of liquor or drugs;
3BC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 14I
(p) for all matters expressly required or allowed by this Regulation to be prescribed.
(3) All rules made under this Regulation shall, as soon as possible after they are made, be placed on the table of the Legislative Assembly of the Union territory and shall be subject to such modification by way of amendments or repeal as the Legislative Assembly may make within fourteen days on which the House actually sits either in the same session or in more than one session.
75. All rules made and notifications issued under this Regulation shall be published in the Pondicherry Gazette.
CHAPTER VII LEGAL PROCEEDINGS
76. No action shall lie against the Government or Administrator or against any Prohibition Officer, Police Officer or other officer for damages in any civil court for any act bona fide done or ordered to "be done in pursuance of this Regulation.
77. All courts shall take judicial notice of all notifications and orders conferring powers, imposing duties and making appointments under this Regulation.
CHAPTER VIII REPEAL AND CONSEQUENTIAL PROVISIONS
78. From the date on which this Regulation comes into force in any region, the Pondicherry Excise Act, 1970 shall stand repealed with respect to that region and for the removal of doubts it is hereby declared that section 6 of the General Clauses Act, 1897 shall apply in relation to such repeal in the same manner as it applies to the repeal of an enactment by a Central Act.
79. Where immediately before the commencement of this Regulation in any region any licensee under the Pondicherry Excise Act, 1970, is in possession in such region of any liquor, as denned in that Act, in respect of which excise duty or, as the case may be, countervailing duty had been levied and collected under that Act and, after the commencement of this Regulation, the licensee has exported such liquor to any State or to any other Union territory in accordance with the provisions of this Regulation, the Administrator shall, if the l'censee produces documentary proof with respect to such export, refund to such licensee the excise duty or, as the case may be, countervailing duty collected under the said Act in respect of the liquor so exported.
Pondicherry Act 12 of 1970.
Central Act 10 at 1897.
Publication of rules and notifications.
Action against the Government, etc.
Courts to take Judicial notice of appoint, ments.
Repeal and saving.
Refund of duty paid under Pondicherry Act 12 of 1970 in certain cases.
142 THE GAZETTE OF INDIA EXTRAORDINARY LPAHT II—SEC. 1] THE SCHEDULE (See section 67) BOND TO ABSTAIN FROM THE COMMISSION OF OFFENCES UNDER THE PONDICHERRY PROHIBITION REGULATION, 1979 Whereas I, (name), inhabitant of* (place), have been called upon to enter into a bond to abstain from the TOmmission of any offence under clauses (b), (d), (e), (f), (g), (h), (?)
and (7c) of sub-section (1) of section 3 of the Pondicherry Prohibition Regulation, 1979 for the term of , I hereby bind myself not to rommit any such offence during the said term and, in case of my making default therein, I hereby bind myself to forfeit to the Government, the •;um of rupees Dated this day of 19 (Signature) Where a bond with sureties is to be executed, add— We do hereby declare ourselves sureties for the above named that he will abstain from the commission of any offence under clauses (b), (d), (e), (f), (g)t (h), (i) and (k) of. sub-section (1) of section 3 of the Pondicherry Prohibition Regulation, 1979, during the said term, and in case of his making default therein, we bind ourselves, jointly and severally, to forfeit to the Government, the sum of rupees Dated this day of 19 (Signature) N. SANJIVA REDDY, President.
R. V. S- PERI SASTR1, Secy, to the Govt, of India.
PRINTED BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI, 1979