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State of Madhya Pradesh - Section

Section 62 in The M.P. Excise Act, 1915

62. Power to make rules.

(1)The State Government may make rules for the purpose of carrying out 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)prescribing the powers and duties of Excise Officers;
(b)regulating the delegation of any powers or duties by the Chief Revenue Authority, the Excise Commissioner or Collectors under Section 7, clause (g);
(c)declaring in what cases or classes of cases and to what authorities appeal 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, and the procedure for dealing with appeals and revisions;
(d)regulating the import, export, transport, manufacture, collection, possession, supply or storage of any intoxicant, or the cultivation of the hemp plant and may, by such rules among other matters-
(i)regulate the tapping of tari-producing trees, the drawing of tari from such trees, the marking of the same and the maintenance of such marks;
(ii)declare the process by which spirit shall be denatured and the denaturisation of spirit ascertained; and
(iii)cause spirit to be denatured through the agency or under the supervision of its own officers;
[(d-1) regulating the import, export, transport, collection, possession, supply, storage or sale of Mahua flowers prescribing licences and permit therefor, throughout the State or in any specified areas or for any specified period] [Inserted by M.P. Act No. 23 of 1958.];
(e)regulating the periods and localities for which, and the persons or classes of persons to whom, licences for the wholesale or retail vend of any intoxicant may be granted, and regulating the number of such licences which may be granted in any local area;
(f)prescribing the procedure to be followed and the matters to be ascertained before any licence for such vend is granted for any locality;
(g)[ regulation the amount, time, place and manner of payment of any duty or fee or tax or penalty] [Substituted by M.P. Act No. 39 of 1982.];
(h)prescribing the authority by, the form in which, and terms and conditions on and subject to which any licence, permit or pass shall be granted, any by such rules, among other matters,-
(i)fix the period for which any licence, permit or pass shall continue in force;
(ii)prescribe the scale of fees or the manner of fixing the fees payable in respect of any such licence, permit or pass;
(iii)prescribe the amount of security to be deposited by holders of any licence, permit or pass for the performance of the conditions of the same;
(iv)prescribe the accounts to be maintained and the returns to be submitted by licence-holders; and
(v)prohibit or regulate the partnership in, or the transfer of, licenses;
(i)[ prescribing the measures for ascertaining local public opinion and prescribing the powers of District Planning Committee constituted under sub-section (1) of Section 3 of the Madhya Pradesh Zila Yojana Samiti Adhiniyam, 1995 (No. 19 of 1995) in respect of advising about opening, closing or shifting of any retail intoxicant shop] [[Substituted by M.P. Act No. 24 of 2000 (w.e.f. 1-12-2000) Prior to substitution it read as under:
'(i) prescribing the measures for ascertaining local public opinion and providing tor the appointment of advisory committees and specifying their powers and duties'.]];
(j)providing for the destruction or other disposal of any intoxicant deemed to be unfit for use;
(k)regulating the disposal of confiscated articles;
(l)regulating the grant of expenses to witnesses and of compensation to persons charged with offences under this Act and subsequently released, discharged or acquitted; and
(m)regulating the power of Excise Officers to summon witnesses from a distance;
(n)regulating the payment of rewards to officers, informers and other persons out of the proceeds of fines and confiscations under this Act.
(3)The power conferred by this section of making rules is subject to the condition that the rules made under sub-section (2) (a), (b), (c), (e), (f), (i), (l) and (m) shall be made after previous publication :Provided that any such rules may be made without previous publication if the State Government considers that they should be brought into force at one.