139. General powers of [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Orders, 1950.] Government in respect of licences, etc.
- [(1)] [Section 139 was renumbered as sub-section (1), by Bombay 22 of 1960, Section 91(1).] Notwithstanding anything contained in this Act or the rules made thereunder, the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government may, by general or special order,-(a)prohibit the grant of any kind of licences, permits, passes or authorisations throughout the [State] [This word was substituted for the words 'pre-reorganisation State of Bombay excluding the transferred territories' by Bombay 12 of 1959, section 3.] or in any area;(b)regulate the import, export, transport, possession, sale, purchase, consumption or use of any intoxicant, hemp, mhowra flowers, molasses or any article which is likely to be used for the manufacture of an intoxicant with or without licence, permit, pass or authorisation throughout the [State] [This word was substituted for the words 'Pre-Reorganisation State of Bombay, excluding the transferred territories' by Bombay 12 of 1959, section 3.] or within the limits of any local area subject to such conditions [as it may impose] [These words were substituted for the words 'and for such periods as it deems fit' by Bombay 22 of 1960, section 91 (1)(a).].(c)[ exempt any person or institution or any class of persons or institutions from all or any of the provisions of this Act or from all or any of the rules, regulations or orders made thereunder or from all or any of the conditions of any licence, permit, pass or authorisation granted thereunder, subject to such conditions as it may impose; [Clauses (c), (d) and (dl) were substituted for the original clauses (c) and (d) by Bombay 22 of 1960., section 9 l(l)b).](d)exempt any intoxicant or class of intoxicants, denatured spirituous preparation, hemp, mhowra flowers or molasses from all or any of the provisions of this Act or from all or any of the rules, regulations or orders made thereunder subject to such conditions as it may impose;(d1)remit or refund wholly or partially any fee in respect of any privilege, licence, permit, pass or authorisation granted under this Act or any duty on toddy-producing trees or any excise or countervailing duty or fee leviable under this Act on any intoxicant, hemp, mhowra flowers or molasses from any person or institution or from a class of persons or institutions or exempt any person or institution or class of persons or institutions from the payment of such duty or fee subject to such conditions as it may impose;](e)prescribe the maximum number of licences, permits, passes or authorisations of any kind which may be granted in any area or to any class of persons;(f)prescribe the number of places at which any intoxicant specified in such order [denatured spirituous preparation] [These words were inserted, by Bombay 22 of 1960, section 91 (1) (c) (i).], hemp, mhowra flowers or molasses, may be sold in any area, the location of such places in any area, the days and hours during which such places may or may not be kept open, the number of such places in respect of which licenses for sale may be granted and the number of such places which may be [managed by the State Government departmentally] [These words were substituted for the words 'managed by the Excise Department', by Bombay 22 of 1960, section 91(l)(c)(ii).];(g)direct that no licence, permit, pass or authorisation of the kind specified in such order shall be granted without the previous approval of the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government or also direct any additions or alterations to be made to or in the conditions subjects to which under any other provisions of this Act, such licence, permit, pass or authorisation can be granted;(h)prescribe the maximum quantity of any intoxicant [denatured spirituous Preparation] [These words were inserted by Bombay 22 of 1960, Section 91 (1)(d).], hemp, mhowra flowers or molasses which may be sold in any area or at any place;(i)[ prescribe in respect of any place or area, the maximum number of toddy-producing trees for tapping which or for drawing toddy from which licence or licences may be granted] [This clause was substituted for the original by Bombay 22 of 1960, Section 91(1)(e).];(j)[ prescribe the procedure for the disposal of any shop or shops authorised to sell any intoxicant, denatured spirituous preparation, hemp, mhowra flowers or molasses under this Act and the procedure to be followed before granting any licence or licences] [This clause was substituted for the original by Bombay 22 of 1960, Section 91 (l)(f).];(k)direct that before granting licences, auctions may be held, tenders called for or offers received and that licences shall be granted [subject to such conditions as may be prescribed] [These words were inserted by Bombay 22 of I960., section 91 (1)(g).] to persons whose bids, tenders or offers are accepted by the Collector;(l)specify the person or class of persons [to whom licences may or may not be granted] [These words were substituted for the words 'to whom licences may not be granted' by Bombay 22 of 1960., see 91(2)(h).] and in cases in which auctions are held, the person or classes of persons who may or may not be permitted to offer bids at such auctions;(m)direct that licences of the kind specified in such order shall be granted to persons specified in such order; and(n)issue such other instructions in any matter pertaining to the grant or otherwise of licences, permits, passes or authorisations under this Act, as the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government may deem proper.(2)[ An order made under sub-section (1), shall, if it is of a general nature of affecting a class of persons, be notified in the Official Gazette.] [This sub-section was added by Bombay 22 of 1960, Section 91(2).]
