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State of Kerala - Section

Section 28 in Abkari Act, 1 of 1077

28. Recovery of duties.

- All duties, taxes, fines and fees payable to the [Government] [Substituted for the word 'Sirkar' by Act 10 of 1967.] direct under any of the foregoing provisions of this Act or of any license or permit issued under it, and all amounts due to the [Government] [Substituted for the word 'Sirkar' by Act 10 of 1967.] by any grantee of a privilege or by any farmer under this Act or by any person on account of any contract relating to the Abkari Revenue may be recovered from the person primarily liable to pay the same or from his surety (if any) as if they were arrears of Land Revenue, and, in case of default made by a grantee of a privilege or by a farmer, the [Commissioner] [Substituted for 'Superintendent' by Section 2 of Act III of 1106.] may take grant or farm under management at the risk of the defaulter or may declare the grant or farm forfeited, and re sell it at the risk and loss of the defaulter. When a grant or farm is under management under the section, the [Commissioner] [Substituted for 'Superintendent' by Section 2 of Act III of 1106.] may recover any moneys due to the defaulter by any lessee or assignee as if they were arrears of Land Revenue.[[29. Power to make rules. [Substituted by Section 11 of Act V of 1091.]
(1)The Government may, by notification in the Gazette either prospectively or retrospectively, make rules for the purposes of this Act].
(2)In particular and without prejudice to the generality of the foregoing provision, the Government may make rules:-
(a)regulating the mode in which toddy may be supplied to licensed vendors of the same, or to persons who distinct spirits from it or who use it in the manufacture of bread;
(b)for determining the number of licenses of each description to be granted in any local area;
(c)for regulating the number, size and description of stills, utensils, implements and apparatus to be used in any [distillery, brewery, winery or other manufactory in which liquor is manufactured] [Substituted for the words 'distillery' by Section 22(a) of Act 10 of 1967.];
(d)prescribing the instruments to be used in the testing of liquor and the tables of corrections according to temperature to be used therewith;
(e)prescribing the weights to be used for the sale of intoxicating drugs and measures to be used for the sale of liquor;
(f)fixing for any local area the maximum and minimum prices above and below which any liquor or intoxicating drug shall not be sold;
(g)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;
(h)for the inspection and supervision of stills, distilleries, [breweries, wineries, or other manufactories in which liquor is manufactured and warehouses] [Substituted for the words 'private warehouses and breweries' by Section 22(b) of Act 10 of 1967.]; (i) for the management of any public [distillery, brewery or winery] [Substituted for the word 'distillery' by Section 22(c) of Act 10 of 1967.] or public warehouse established under Section 14;
(j)for placing the storage, import, export, [possession, transit or transport] [Substituted by Act 10 of 1975.] of liquor or intoxicating drugs under such supervision; and control as may be deemed necessary for the purposes of this Act;
(k)prohibiting the use of any article which the Government shall deem to be noxious or otherwise objectionable in the manufacture of liquor or of any intoxicating drug;
(l)(1) declaring the process by which spirit manufactured in or imported into [the State] [Substituted for the words 'Cochin State' by Section 22(d) of Act 10 of 1967.] shall be denatured;
(2)for causing such spirit to be denatured through the agency or under the supervision of Excise Officers;
(3)for ascertaining whether such spirit has been denatured;
(m)regulating the bottling of liquor for purposes of sale;
(n)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;
[***] [Omitted '(o) for the grant of batta to witnesses and of compensation for loss of time to persons released by any Abkari Officer under Section 40(3) of this Act on the ground that they have been improperly arrested,and to persons charged before a Magistrate with offences under this Act and acquitted'; by Act 16 of 1997 with effect from 3-6-1997.]
(p)regulating the power of Abkari Officers to summon witnesses from a distance under Section 44;
(q)for the disposal of articles confiscated and of the proceeds thereof.]
(r)[ for the forfeiture notwithstanding provisions to the contrary contained in the [Indian Contract Act,1872] [Inserted by Act XIII of 1119.] or in any other law, of the whole or any portion of the kists deposited by persons who purchase the right to sell toddy, arrack, foreign liquors or ganja, in addition to damages recoverable by Government on account of the breach of conditions of sale laid down by the Government from time to time]
VIII. - Powers and Duties of Officers, Etc.