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State of Tamilnadu - Section

Section 54 in Tamil Nadu Prohibition Act, 1937

54. Power to make rules.

(1)The [State] [This word was substituted for the word 'Provincial' by the Adaptation Order of 1950.] 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] [This word was substituted for the word 'Provincial' by the Adaptation Order of 1950.] 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 twice the normal rate of excise duty or fee that would be payable on the quantity of the spirits lost in excess of the prescribed limits;] [Inserted by Tamil Nadu Act No. 33 of 1986.]
(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 tinder section 18-A may be levied ;] [This clause was inserted by section 3 (If the Madras Prohibition (Second Amendnynt) Act, 1948 (Madras Act XIX of 1948).]
(c)determining the local jurisdiction of Police and Prohibition Officers in. regard to inquiries and the exercise of preventive and investigating powers ;
(d)authorizing 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 members 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 therefrom ;
(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 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 ;
(j)for the grant of batta to witnesses, and of compensation for loss of time to persons released under sub-section (3) or section 38 on the ground 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 witnesses from a distance under section 42; [***] [The word 'and' was omitted by section 20 (a) (i) of the Tamil Nadu Prohibition (Amendment) Act, 1958 (Tamil Nadu Act VIII of 1958).]
(l)for the disposal of articles confiscated and of the proceeds thereof.
(m)[ 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 Act ; [Clauses (m), (n) and (o) were added by section 20 (a) (ii), of the Tamil Nadu Prohibition (Amendment) Act, 1958 (Tamil Nadu Act VIII of 1958).]
(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.] [Added by Tamil Nadu Act No. 51 of 1981.]
[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 oftence 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.] [Added by Tamil Nadu Act No. 33 of 1986.]
(3)[ All rules made under this Act shall, as soon as possible after they are made, be placed on the table of both the Houses of the Legislature and 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.] [This sub-section was added by section 20 (b) of the Tamil Nadu Prohibition (Amendment) Act, 1958 (Tamil Nadu Act VIII of 1958).]