Power of the State Government to make rules

Section 95 of Bihar Prohibition and Excise Act, 2016 deals with power of the State Government to make rules. The State Government may, by notification, in the Official Gazette, make rules not inconsistent with the provisions of this Act to carry out the purposes of this Act.

(1) The State Government may, by notification, in the Official Gazette, make rules not inconsistent with the provisions of this Act to carry out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :- (a) prescribing the powers and duties of excise officers;

(b) prescribing the manner of dealing with appeal and revision;

(c) prescribing the process of filing prosecution report by the excise officers;

(d) prescribing the procedure for appointment of Special Public Prosecutors or Additional Public Prosecutors;

(e) prescribing the manner of monitoring of prosecution of all cases filed under the Act by the Collector;

(f) declaring the process and procedure of manufacturing, storage, disposal and denaturation of spirit and ethanol;

(g) regulating the time, place, rate and manner of payment of duty or fee and taking of security for its due payment;

(h) prescribing the authority by which, the form and the manner in which, and the terms and conditions, subject to which any license, permit or pass shall be granted;

(i) providing for destruction or other disposal of any liquor deemed to be unfit for use;

(j) regulating disposal of confiscated articles;

(k) providing for the grant of reward to excise officers and informers;

(l) regulating the grant of expenses to witnesses;

(m) regulating the power of excise officer to summon witnesses;

(n) curbing activities of boot-leggers who distill, manufacture, store, transport, import, export, sell or distribute any liquor or intoxicant in contravention of any provisions of this Act or the rules made there under;

(o) prescribing the manner and procedure for sealing of premises, confiscation and community fine as mentioned in the Act;

(p) prescribing the delegation of various powers and duties between the Board, the Excise Commissioner or the Collector;

(q) any miscellaneous matter for which the Government feels essential to make rules for;

(r) any other matter which is required to be, or may be prescribed under this Act;

(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before the State Legislature while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid the State Legislature agrees in making such modifications in the rule or the State Legislature agrees that the rule should not be made, the rule shall have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule.

Section 95, Bihar Prohibition and Excise Act, 2016 (Act 20 of 2016).