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State of Punjab - Section

Section 58 in The Punjab Excise Act, 1914

58. Power of State Government to make Rules.

(1)The State Government may by notification make rules for the purpose of carrying out the provisions of this Act or any other law for the time being in force relating to excise revenue.
(2)In particular and without prejudice to the generality of the foregoing provisions, the State Government may make rules :
(a)prescribing the duties of excise officers;
(b)regulating the delegation of any power by the Financial Commissioner, Commissioner or Collector, under Section 13, Clause (b);
(c)prescribing the time and manner of presenting and the procedure for dealing with appeals from orders of excise officers;
(d)regulating the import, export, transport or possession of any intoxicant or Excise bottle and the transfer, price or use of any type of description of such bottle;
(e)regulating the period and localities for which, and, the persons, or classes of persons, to whom licenses, permits and passes for the vend by wholesale or by retail of any intoxicants may be granted and regulating the number of such licenses which may be granted in any local area;
(f)prescribing the procedure to be followed and the matters to be ascertained before any license is granted for the retail vend of liquor for consumption on the premises;
(g)for the prohibition of the sale of any intoxicant to any person or class of persons;
(h)regulating the power of excise officers to summon witnesses from a distance;
(i)regulating the grant of expenses to witnesses and compensation to persons charged with offences under this Act and subsequently released, discharged or acquitted;
(j)for the prohibition of the employment by a license holder of any person or class of persons to assist in his business in any capacity what so ever;
(k)for the prevention of drunkness, gambling and disorderly conduct in or near any licensed premises and the meeting or remaining of persons of bad character in such premises;
(l)Prohibiting the printing, publishing or otherwise displaying or distributing any advertisement or other matter commending or soliciting the use of, or offering any intoxicant calculated to encourage or incite any individual or class of individuals or the public generally to commit an offence under this Act, or to commit a breach or evade the provisions of any rule or order made there under, or the conditions of any license, permit or pass obtained there under :
(m)prohibiting within the State the circulation, distribution or sale of any newspaper, book, leaflet, booklet, or other publication printed and published out side the State which contains any advertisement or matter of the nature described in clause (1):
(n)declaring any newspaper, book, leaflet, booklet, or other publication, wherever printed or published, containing any advertisement or matter [of the nature described in clause (1)] [Substituted for the words 'commending or soliciting the use of, or offering any intoxicant, by Punjab Act 18 of 1955, section 2.] to be forefeited to the State Government; and
(o)implementing generally the policy of prohibition.
(3)Previous publication of rules. - The power conferred by this section of making rules is subject to the condition that the rules be made after previous publication;Provided that any such rules may be made without previous publication if State Government consider that they should be brought into force at once.