86. Further power of State Government to make rules.
- 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 make rules-(1)for regulating the manufacture, supply or storage of any [intoxicant] [Substituted by paragraph 3 of, and Schedule IV to, the Government of India (Adaptation of Indian Laws) Order, 1937 for the words excisable article.], and in particular, and without prejudice to the generality of this provision, may make rules for regulating-(a)the establishment, inspection, supervision, management and control of any place for the manufacture, supply or storage of any [intoxicant] [Substituted by paragraph 3 of, and Schedule IV to, the Government of India (Adaptation of Indian Laws) Order, 1937 for the words excisable article.], and the provision and maintenance of fittings, implements and apparatus therein;(b)the bottling of liquor for purposes of sale;(c)the cultivation of the hemp plant (Cannabis sativa);(d)the collection of portions of the hemp plant (Cannabis sativa) from which intoxicating drugs can be manufactured or produced, and the manufacture or production of intoxicating drugs therefrom:(e)the tapping of tari-producing trees and the drawing of tari from trees;(f)the marking of tari-producing trees in areas notified [in this behalf by the State Government,] [substituted by section 60(1) of the Bengal Excise (Amendment) Act, 1965 (West Bengal Act 39 of 1965) for the words, figures and brackets under section 14, sub-section (1).] and the maintenance of such marks;(2)for fixing the strength, price or quantity in excess of or below which any [intoxicant] [substituted by paragraph 3 of, and Schedule IV to, the Government of India (Adaptation of Indian Laws) Order, 1937 for the words excisable article.] shall not be supplied or sold, and the quantity in excess of which denatured spirit shall not be possessed, and for prescribing a standard of quality for any [intoxicant] [substituted by paragraph 3 of, and Schedule IV to, the Government of India (Adaptation of Indian Laws) Order, 1937 for the words excisable article.];(3)for declaring how spirit manufactured in [* * * ] [The word British omitted by paragraph 3 of, and the Eleventh Schedule to, the Adaptation of Laws Order, 1950.] India shall be denatured;(4)for causing spirit so manufactured to be denatured through the agency or under the supervision of [servant of the [Government] [substituted by paragraph 3 of, and Schedule IV to, the Government of India (Adaptation of Indian Laws) Order, 1937 for the words Government Officers.]];(5)for ascertaining whether any spirit so manufactured has been denatured;(6)for regulating the deposit of any [intoxicant] [substituted by paragraph 3 of, and Schedule IV to, the Government of India (Adaptation of Indian Laws) Order, 1937 for the words excisable article.] in a warehouse established, authorized or continued under this Act, and the removal of any [intoxicant] [substituted by paragraph 3 of, and Schedule IV to, the Government of India (Adaptation of Indian Laws) Order, 1937 for the words excisable article.] from any such warehouse or from any distillery or brewery;(7)for prescribing the scale of fees or the manner of fixing the fees payable in respect o; any exclusive privilege granted under section 22 or any license, permit or pass granted under this Act, or in respect of the storing of any [intoxicant] [substituted by paragraph 3 of, and Schedule IV to, the Government of India (Adaptation of Indian Laws) Order, 1937 for the words excisable article.];(8)for regulating the time, place and manner of payment of such fees;(9)for prescribing the restrictions under which or the conditions on which any license, permit or pass, may be granted, and in particular, and without prejudice to the generality of this provision, may make rule for(i)prohibiting the admixture with any [intoxicant] [substituted by paragraph 3 of, and Schedule IV to, the Government of India (Adaptation of Indian Laws) Order, 1937 for the words excisable article.] of any article deemed to be noxious or objectionable,(II)regulating or prohibiting the reduction of liquor by a licensed manufacturer or licensed vendor from a higher to a lower strength,(iii)prescribing the nature and regulating the arrangement of the premises in which any [intoxicant] [The word British omitted by paragraph 3 of, and the Eleventh Schedule to, the Adaptation of Laws Order, 1950.] may be sold, and prescribing the notices to be exposed at such premises,(iv)prohibiting or regulating the employment by the licensee of any person or class of persons to assist him in his business,(v)prohibiting the sale of any [intoxicant] [substituted by paragraph 3 of, and Schedule IV to, the Government of India (Adaptation of Indian Laws) Order, 1937 for the words excisable article.] except for cash,(vi)prescribing the days and hours during which any licensed premises may or may not be kept open, and providing for the closing of such premises on special occasions,(vii)[ prescribing the accounts and registers (if any) to be maintained and the returns to be submitted by the licensees relating to their business, and] [Sub-clause (vii) substituted by section 60(2) of the Bengal Excise (Amendment) Act, 1965 (West Bengal Act 39 of 1965).](viii)regulating the transfer of licenses;(10)for prescribing the particulars to be contained in licenses, permits or passes granted under this Act;(11)for the payment of compensation to licensees whose premises are closed under section 26 or under any rule made under sub-clause (vi) of clause (9) of this section;(12)for prescribing the time, place and manner of levying duty on [intoxicants] [Substituted by paragraph 3 of, and Schedule IV to, the Government of India (Adaptation of Indian Laws) Order, 1937 for the words excisable articles.];(13)for providing for the destruction or [for the disposal in any other manner,] [Substituted by Section 60(3) of the Bengal Excise (Amendment) Act, 1965 (West Bengal Act 39 of 1965) for the words other disposal.] of any [intoxicant] [Substituted by paragraph 3 of, and Schedule IV to, the Government of India (Adaptation of Indian Laws) Order, 1937 for the words excisable article.] deemed to be unfit for use; and(14)[ for regulating the disposal or destruction of articles or things confiscated or seized under the provisions of this Act.] [Clause (14) Substituted by Section 60(4) of the Bengal Excise (Amendment) Act, 1965 (West Bengal Act 39 of 1965).](15)[ for making provisions in respect of the fixation and the manner of payment of fee for regulating the manufacture, supply or storage as mentioned in clause (e) of section 15 of this Act.] [Clause (15) in Section by Section 24 of the Bengal Excise (Amendment) Act 2012 (West Bengal Act No. 16 of 2012).][Explanation 1.] [Existing Explanation renumbered as Explanation I by Section 7 of the Bengal Excise (Amendment) Act, 1974 (West Bengal Act No. 50 of 1974).]-Fees may be prescribed under clause (7) of this section at different rates for different classes of exclusive privileges, licenses, permits, passes or storage, and for different areas[Explanation II. The price of an intoxicant as fixed by rules made under clause (2) of this section, shall be deemed to have always been exclusive of any tax, surcharge, additional surcharge or any other impost on the sale or purchase of such intoxicant levied under any law for the time being in force.] [Explanation II added by Section 7, ibid.]
