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[Cites 0, Cited by 0] [Section 85] [Entire Act]

Bengal Presidency - Subsection

Section 85(2) in Bengal Excise Act, 1909

(2)In particular, and, without prejudice to the generality of the foregoing provisions, the [State Government] [Substituted by paragraph 4(1) of the Adaptation of Laws Order, 1950 for the words Provincial Government, which were earlier substituted by paragraph 4(1) of the Government of India (Adaptation of Indian Laws) Order, 1937 for the words Local Government.] may make rules-
(a)for prescribing the powers and duties of officers of the Excise Department;
(b)for regulating the delegation of any powers by [ * * ] [The words the Board repealed by section 5(b) of the Bengal Excise (Amendment) Act, 1914 (Bengal Act No. 7 of 1914).] the Commissioner of a Division, the Excise Commissioner or Collectors under section 7, [sub-section (2),] [Inserted by section 59(1) of the Bengal Excise (Amendment) Act, 1965 (West Bengal Act 39 of 1965).] clause (g);
(c)for 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 hereunder, and for prescribing the time and manner for presenting, and the procedure for dealing with, such appeals,
(d)for regulating the import, export [, transport, sale, purchase, possession or consumption] [Substituted by section 59(2), ibid for the words or transport.] of any [intoxicant] [Substituted by paragraph 3 of, and Schedule IV to, the Government of India (Adaptation of Indian Laws) Order, 1937 for the words excisable article.];
(e)for regulating the periods for which licenses for the wholesale or retail vend of any [intoxicant] [Substituted by paragraph 3 of, and Schedule IV to, the Government of India (Adaptation of Indian Laws) Order, 1937 for the words excisable article.] may be granted, and the number of such licenses which may be granted for any local area;
(f)for prohibiting the grant of licenses for the retail sale of any [intoxicant] [Substituted by paragraph 3 of, and Schedule IV to, the Government of India (Adaptation of Indian Laws) Order, 1937 for the words excisable article.] at any place or within any local area described in the rules, or for defining the places in the vicinity of which shops for the retail sale of any [intoxicant] [Substituted by paragraph 3 of, and Schedule IV to, the Government of India (Adaptation of Indian Laws) Order, 1937 for the words excisable article.] shall not ordinarily be licensed;
(g)for prohibiting the grant to specified classes of persons of licenses [of any particular kind or class;] [Substituted by section 59(3) of the Bengal Excise (Amendment) Act, 1965 (West Bengal Act 39 of 1965) for the words for the retail sale of any intoxicant.]
(h)for declaring, either generally, or in respect of areas described in the rules, the persons or classes of persons to whom any [intoxicant] [Substituted by paragraph 3 of, and Schedule IV to, the Government of India (Adaptation of Indian Laws) Order, 1937 for the words excisable article.] may or may not be sold;
(i)[ for prescribing restrictions subject to which a license, permit or pass granted under this Act may be cancelled or suspended;] [Clause (i) substituted by section 59(4), ibid.]
(j)for regulating the procedure to be followed and prescribing the matters to be ascertained before any license for the wholesale or retail vend of any [intoxicant] [Substituted by paragraph 3 of, and Schedule IV to, the Government of India (Adaptation of Indian Laws) Order, 1937 for the words excisable article.] is granted for any locality;
(k)for restricting the exercise of any of the powers conferred by [section 65, [sub-section (1)] [Inserted by section 33 of the Bengal Excise (Amendment) Act, 1914 (Bengal Act VIII of 1914).], and] sections 66 and 67;
(l)for declaring the Excise Officers to whom, and the manner in which, information or aid should be given under section 71;
(m)for the grant of expenses to witnesses;
(n)for the grant of compensation for loss of time to persons released by any Excise Officer under this Act on the ground that they have been improperly arrested, and to persons charged before a Magistrate with offences punishable under this Act and subsequently acquitted; and
(o)for prescribing restrictions or modifications in the application to Excise Officers of the provisions of [the Code of Criminal Procedure, 1973 (2 of 1974),] [Substituted by section 2(10) of the West Bengal Finance Act 1997 (West Bengal Act No. 5 of 1997) for the words and figures the Code of Criminal Procedure, 1898.] relating to powers of Police Officers which are referred to in section 74, sub-section (1), of this Act.