Tamil Nadu Prohibition Act Section 54 — Power to make rules

Criminal

Summary

Sub-section (1) gives the State Government the general power to make rules to carry out the purposes of this Act.

Sub-section (2) lists the specific matters on which the State Government may make rules, without limiting the general power in sub-section (1). Under clause (a), rules may be made for issuing licences and permits and enforcing their conditions. Under clause (aa), rules may prescribe a penalty for wastage or shortage of spirits beyond the prescribed limits, at a rate not exceeding sixteen rupees per proof litre. Under clause (b), rules may prescribe the powers and duties of paid and honorary Prohibition Officers. Under clause (bb), rules may prescribe the ways in which the duty under Section 18-A may be levied. Under clause (c), rules may determine the local jurisdiction of police and Prohibition Officers for inquiries and for exercising preventive and investigating powers. Under clause (d), rules may authorise any officer or person to exercise any power or perform any duty under this Act. Under clause (e), rules may prescribe the powers and duties of prohibition committees and their members, and the intervals at which members must make their reports. Under clause (f), rules may regulate the delegation by the Commissioner, Collectors, or other district officers of any powers conferred on them by or under this Act. Under clause (g), rules may regulate the cultivation of the hemp plant, the collection of the parts of that plant from which intoxicating drugs can be manufactured, and the manufacture of such drugs from those parts. Under clause (h), rules may declare how denatured spirit shall be manufactured. Under clause (i), rules may declare in what cases or classes of cases and to which authorities appeals shall lie from orders passed under this Act or under any rule made under it, whether the orders are original or appellate, or by which authorities such orders may be revised, and may prescribe the time, manner, and procedure for presenting and dealing with appeals. Under clause (j), rules may provide for the grant of batta to witnesses, and compensation for loss of time to persons released under sub-section (3) of section 38 on the ground of improper arrest, and to persons charged before a Magistrate with offences under this Act and acquitted. Under clause (k), rules may regulate the power of Police and Prohibition Officers to summon witnesses from a distance under section 42. Under clause (l), rules may provide for the disposal of confiscated articles and the proceeds from them. Under clause (m), rules may prevent the use of medicinal or toilet preparations for any purpose other than medicinal or toilet purposes, and may regulate the use of any liquor or drug exempted from all or any of the provisions of this Act. Under clause (n), rules may provide for the proper collection of duty on all kinds of liquor or drugs. Under clause (nn), rules may provide for exemption from, or suspension of, the operation of any rule made under this Act. Under clause (o), rules may be made for all matters expressly required or allowed by this Act to be prescribed.

Sub-section (2-A) provides that a rule or notification under this Act may be made or issued so as to have retrospective effect, but only from a date not earlier than the dates specified: (i) the 1st September 1973, in so far as it relates to toddy; (ii) the 1st September 1974, in so far as it relates to any liquor other than toddy; and (iii) the 1st May 1981, in so far as it relates to the matters dealt with in sections 17-B, 17-C, 17-D, 17-E, 18-B and 18-C. A proviso states that a notification issued under sub-section (1) of section 16 may have retrospective effect from a date not earlier than 1st November 1972. A further proviso states that the retrospective operation of any rule made or notification issued under this Act shall not render any person guilty of any offence for contravening such rule or breaching any condition of an exemption notified in such notification, if the contravention or breach occurred before the date on which the rule or notification is published.

Sub-section (3) requires that all rules under this Act be placed on the table of the Legislative Assembly as soon as possible after they are made, and that they shall be subject to modifications by way of amendment 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.

Official Text

(1) The [State] Government may make rules for the purpose of carrying into effect the provisions of this Act.

(2) In particular and without prejudice to the generality of the foregoing provision, the [State] Government may make rules-

(a) for the issue of licences and permits and the enforcement of the conditions thereof; [

(aa) prescribing the penalty for wastage or shortage of spirits in excess of the prescribed limits at such rate not exceeding [sixteen rupees per proof litre].

(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 the Act; [

(bb) prescribing the ways in which the duty under Section 18-A may be levide;]

(c) determining the local jurisdiction of police and Prohibition Officers in regard to inquiries and the exercise of preventive and investigating powers;

(d) authorising any officer or person to exercise any power or perform any duty under this Act;

(e) prescribing the powers and duties of prohibition committees and the members thereof and the intervals at which the member of such committees shall make their reports;

(f) regulating the delegation by the Commissioner or by Collectors or other district officers of any powers conferred on them by or under this Act;

(g) 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 there from;

(h) declaring how denatured spirit shall be manufactured;

(i) declaring in what cases or classes of cases and to what authorities appeals shall lie from orders, whether original or appellate, passed under this Act or under any rule made there under, or by what authorities such orders may be revised, and prescribing the time and manner of presenting appeals, and the procedure for dealing therewith;

(j) for the grant of batta to witnesses, and of compensation for loss of time to persons released under sub-section (3) of section 38 on the grounds that they have been improperly arrested, and to persons charged before a Magistrate with offences under this Act and acquitted;

(k) regulating the power of Police and Prohibition Officers to summon witness from a distance under section 42; (***)

(l) for the disposal of articles confiscated and of the proceeds thereof; [

(m) for the prevention of the use of the medicinal or toilet preparations for any purposes other than medicinal or toilet purpose and for the regulation of the use of any liquor or drug exempted from all or any of the provisions of this Act;

(n) for the proper collection of duty on all kinds of liquor or drugs;

(nn) for exemption from, or suspension of, the operation of any rule made under this Act;

(o) for all matters expressly required or allowed by this Act to be prescribed. [(2-A). A rule or notification under this Act may be made or issued so as to have retrospective effect on and from a date not earlier than,-

(i) the 1st September 1973, in so far as it relates to toddy; and

(ii) the 1st September 1974, in so far as it relates to any liquor other than toddy;] [

(iii) the 1st May 1981, in so far as it relates to the matters dealt with in sections 17-B, 17-C, 17-D, 17-E, 18-B and 18-C; [Provided that a notification issued under sub-section (1) of section 16 may have retrospective effect from a date not earlier than 1st November 1972;

Provided further that the retrospective operation of any rule made or notification issued under this Act shall not render any person guilty of any offence in regard to the contravention of such rule or the breach of any of the conditions subject to which the exemption is notified in such notification when such contravention or breach occurred before the date on which the rule or notification is published, as the case may be.] [

(3) All rules under this Act shall, as soon as possible after they are made, be placed on the table of [the legislative Assembly] shall be subject to such modifications 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].