Section 90 in The Bihar and Orissa Excise Act, 1915
90. Power of Board to make rules.
- The Board may make [rules] [For the rules made, See the Board's Excise Rule, 1965.];(1)for regulating the manufacture, supply, or storage of any [intoxicant] [Substituted by A.L.O. 1937 for 'excisable article;'.], and in particular, and with prejudice to the generality of this provision may make rules for regulating -(a)the establishment, inspection, supervision, management and control of any place for the manufacture, supply or storage of any [intoxicant] [Substituted by A.L.O. 1937 for 'excisable article;'.], and the provision maintenance of fittings, implements and apparatus therein;(b)the bottling of liquor for purposes of sale;(c)the cultivation of the hemp plant;(d)the collection of portions of the hemp plant from which intoxicating drugs can be manufactured or produced, and the manufacture or production of intoxicating drugs therefrom;(e)the tapping of tari-producing trees and the drawing of tari from trees;(f)the making of tari-producing trees in areas notified under Section 14, Sub-section (1), and the maintenance of such marks;(2)for fixing the strength, price of quantity in excess of or below which any [intoxicant] [Substituted by A.L.O. 1937 for 'excisable article;'.] shall not be supplied or sold, and the quantity in excess of which denatured spirit shall not be possessed, and for prescribing a standard of quality for any [intoxicant] [Substituted by A.L.O. 1937 for 'excisable article;'.];(3)for declaring how spirit manufactured in [India] [Substituted by A.L.O. 1951 (3rd Amendment).] shall be denatured;(4)for causing spirit manufactured to be denatured through the agency or under the supervision of [Government Officers] [Substituted by A.L.O. 1950, for 'all the Provinces of India'.];(5)for ascertaining whether any spirit so manufactured has been denatured;(6)for regulating the deposit of any [intoxicant] [Substituted by A.L.O. 1937 for 'excisable article;'.] in a warehouse established, authorised or continued under this Act, and the removal of any [intoxicant] [Substituted by A.L.O. 1937 for 'excisable article;'.] from any such warehouse or from any distillery or brewery;(7)for prescribing the scale of fees or the manner of fixing the fees payable in respect of [* * *] [Omitted by Act 17 of 1970.] any licence, permit or pass granted under this Act, or in respect of the storing of any [intoxicant] [Substituted by A.L.O. 1937 for 'excisable article;'.];(8)for regulating the time, place and manner of payment of such fees;(9)for prescribing the restrictions under which or the conditions on which any licence, permit or pass may be granted, and in particular, and without prejudice to the generality of this provision, may make rules for -(i)prohibiting the admixture with any [intoxicant] [Substituted by A.L.O. 1937, for 'excisable article'.] of any article deemed to be noxious or objectionable;(ii)regulating or prohibiting the reduction of liquor by a licensed manufacturer or licensed vendor from a higher to a lower strength; .(iii)prescribing the nature and regulating the arrangement of the premises in which any [intoxicant] [Substituted by A.L.O. 1937, for 'excisable article'.] may be sold, and prescribing the notices to be exposed at such premises;(iv)prohibiting or regulating the employment by the licensee or any person or class of persons to assist him in his business;(v)prohibiting the sale of any [intoxicant] [Substituted by A.L.O. 1937, for 'excisable article'.] except for cash;(vi)prescribing the days and hours during which any licensed premises mayor may not be kept open, and providing for closing of such premises on special occasions;(vii)prescribing the accounts to be maintained and the returns to be submitted by licensees; and(viii)regulating the transfer of licences;(10)for prescribing the particulars to be contained in licences, permits or passes granted under this Act;(11)for the payment of compensation to licensees whose premises are closed under Section 26 or under any rule made under Sub-clause (vi) of Clause (9) of this Section;(12)for prescribing the time, place .and manner of levying duty on [intoxicant] [Substituted by A.L.O. 1937, for 'excisable article'.];(13)for providing for the destruction or other disposal of any [intoxicant] [Substituted by A.L.O. 1937, for 'excisable article'.] deemed to be unfit for use; and(14)for regulating the disposal of things confiscated under this Act.Explanation - Fees may be prescribed under Clause (7) of this Section at different rates for different classes of [* * *] [Omitted by Act 17 of 1970.] licences, permits passes or storage, and for different areas.[Validation of certain actions [Vide Act 17 of 1970 and Act 10 of 1971.] - Notwithstanding any judgement, decree, or order of any Court -(a)all grants made by way of licences for manufacture and retail sale of country liquor and for retail sale or intoxicating drug in respect of any place on or after the 7th day of August, 1965 shall be deemed to be licences granted to the persons concerned conferring an exclusive privilege under Section 22 of the Principal Act, for manufacture and retail sale of country liquor and, as the case may be, for retail sale of intoxicating drug at such place; and(b)all amounts paid or payable in respect of such grants shall be deemed to be sums paid or payable under Section 29 of that Act in consideration of the grant of exclusive privilege.][Repeal [Vide Orissa Act No. 10 of 1971.] - The Bihar and Orissa Excise (Orissa Amendment) Act, 1970 is hereby repealed.]
