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State of Jammu-Kashmir - Section

Section 25 in The Jammu and Kashmir Excise Act, 1958 (1901 A. D.)

25. Power to frame rules.

- [The Government] [In sections 1 (para third), 3 clauses (7) and (9), 4, 5 (proviso), 7, 8, 10(d), 11, 12, 13, 15, 16, 17(e), 18, 20(d), 25, 63(b),63(c), 63(d) and 64 for the words 'His Highness the Maharaja Bahadur' the words 'the Government' substituted by Act X of Svt. 1996.] may from time to time frame rules-
(a)for determining the number of licences of each description to be granted in any district or place;
(b)for regulating the number, size and description of stills, utensils, implements and apparatus to be used in any distillery;
(c)prescribing the instruments to be used in the testing of liquor and the tables of corrections according to temperature to be used therewith;
(cc)[ prescribing of procedure for regulating the vending of country liquor through auction;] [Clause (cc) inserted by Act V of 1987, Section 3.]
(d)prescribing the measures to be used for the sale country liquor;
(dd)[ prescribing the type and description of bottling liquor and regulating other conditions relating thereto; ] [Clause (dd) inserted by Act No. XIII of 1969.]
(e)fixing for any local area the [maximum or] [Inserted by order published in Government Gazette dated 10th Jeth, 1978.] minimum price [above or] [Inserted by order published in Government Gazette dated 10th Jeth, 1978.] below which [any liquor or opium] [Substituted by Act XV of 2006, Section 2.] shall not be sold;
(f)for the warehousing of liquor and intoxicating drugs and for the removal of the same from any warehouse in which they are deposited for deposit in any other warehouse or for local consumption or for export;
(g)for the inspection and supervision of stills, distilleries, private warehouses and breweries ;
(h)for the management of any public distillery or public warehouse established under section 13;
(i)for placing the growth of the poppy or hemp plant and the preparation of intoxicating drugs and the storage, import, export, possession or transport of liquor or intoxicating drugs under such supervision and control as may be deemed necessary for the purpose of this Act;
(j)prohibiting the use of any article which [the Government] [In sections 1 (para third), 3 clauses (7) and (9), 4, 5 (proviso), 7, 8, 10(d), 11, 12, 13, 15, 16, 17(e), 18, 20(d), 25, 63(b),63(c), 63(d) and 64 for the words 'His Highness the Maharaja Bahadur' the words 'the Government' substituted by Act X of Svt. 1996.] shall deem to be noxious or otherwise objectionable in the manufacture of liquor or any intoxicating drugs ;
(k)for the grant of batta to witnesses summoned before Magistrate or [Deputy Commissioner] [Substituted by Act XIV of 1966.] under this Act;
(l)regulating the powers of the officers of the [Excise Department] [Substituted by Act XIV of 1966.] to summon witnesses ;
(ll)[ prescribing and limiting the powers and duties of Excise and Taxation Officers and regulating the delegation of duties to and by such Officers] [Clause (ll) added by Act VII of 1956.] ;
(m)for the disposal of the articles confiscated and of the proceeds thereof;
(n)for the grant of rewards to [Excise and Taxation Officers] [Substituted by Act VIII of 1956 for 'Customs and Excise Officers'.] and other persons who have assisted in the detection or conviction of offences against this Act;
(o)generally to carry out the provisions of this Act or of any other law for the time being in force and relating to the Excise revenue.
VIII. - Powers and Duties of Officers, Etc.