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Bengal Presidency - Section

Section 7 in Bengal Excise Act, 1909

7. Establishments and delegation and withdrawal of powers

(1)The [administration of the provisions of this Act and the rules thereunder] [Substituted by 5(1), ibid for the words administration of the Excise Department.] and the collection of the excise-revenue within a district shall ordinarily be under the charge of the Collector.
(2)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, by notification applicable to the whole of [West Bengal] [Substituted by paragraph (2) of Article 3 of the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948 for the word Bengal] or to any specified local area,-
(a)appoint an officer who shall, subject to such control as 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 direct, have the control of the [administration of the provisions of this Act and rules thereunder] [Substituted by section 5(2)(a), ibid for the words administration of the Excise Department.] and the collection of the excise-revenue;
(aa)[ appoint one or more persons to be an Additional Excise Commissioner or Additional Excise Commissioners to exercise such powers and perform such duties conferred on the Excise Commissioners by or under this Act as the State Government may, by notification, direct and references to the Excise Commissioner in this Act shall, in respect of such powers and duties, be deemed to include references to an Additional Excise Commissioner;] [Clause (aa) inserted by section 5(2)(b) of the Bengal Excise (Amendment) Act, 1965 (West Bengal Act 39 of 1965).]
(b)appoint any person to exercise all or any of the powers and to perform all or any of the duties, conferred and imposed on a Collector by or under this Act, either concurrently with, or in subordination to, or to the exclusion of, the Collector and subject to such control as 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 direct;
(c)appoint officers [for the administration of the provisions of this Act and the rules thereunder] [Substituted by section 5(3) of the Bengal Excise (Amendment) Act, 1965 (West Bengal Act 39 of 1965) for the words of the Excise Department.], of such classes, and with such designations, powers and duties, as 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 think fit;
(cc)[ appoint scientific experts designated as State Chemical Examiner or State Assistant Chemical Examiner;] [Clause (cc) inserted by section 2 of the Bengal Excise (Second Amendment) Act, 1979 (West Bengal Act 40 of 1979).]
(d)order that all or any of the powers and duties assigned by or under this Act to any officer appointed under clause (c) of this [sub-section] [Substituted by section 2 of, and the First Schedule to, the Bengal Repealing and Amending Act, 1938 (Bengal Act No. 1 of 1939) for the word section.] shall be exercised and performed by any [servant of the [Government] [The words servant of the Crown substituted by paragraph 3 of, and Schedule IV to, the Government of India (Adaptation of Indian Laws) Order, 1937 for the words Government officer.]] or any other person;
(e)delegate to [ * * * ] [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 or the Excise Commissioner all or any of the powers conferred upon 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.] by or under this Act, except the owner conferred by section 85 to make rules;
(f)withdraw from any officer or person all or any of the powers or duties conferred or imposed upon him by or under this Act; and
(g)permit the delegation 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 the Collector, to any person or classes of persons specified in such notification, of any powers conferred or duties imposed upon [ * * * ] [The words it or repealed by section 5(c), ibid.] him by or under this Act.