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State of Sikkim - Section

Section 77 in Sikkim Excise Act, 1992

77. Further power of Government to make rules.

- The Government may also make rules -a. for regulating the manufacture, supply or storage of any intoxicant and in particular and without prejudice to the generality of this provision, may make rules for regulatingi. the establishment, inspection, supervision, management and control of any place for the manufacture, supply or storage of any intoxicant and the provision and maintenance of fittings, implements and apparatus therein;ii. the bottling of liquor for purposes of sale;b. for fixing the strength, price or quantity in excess of or below which any intoxicant shall not be supplied or sold, and the quantity in excess of which denatured spirit shall not he processed and for prescribing a standard of quality for any intoxicant;c. for declaring how spirit manufactured in India shall be denatured;d. for causing spirit so manufactured to be denatured through the agency or under the supervision of servants of the Government;e. for ascertaining whether any spirit so manufactured has been denatured;f. for regulating the deposit of any intoxicant in a warehouse established, authorized or continued under this Act, and the removal of any intoxicant from any such warehouse or from any distillery or brewery;g. for prescribing the scale of fees or the manner of fixing the fees payable in respect of any exclusive privilege granted under section 17 or any license, permit or pass granted under this Act, or in respect of the storing of any intoxicant;h. for regulating the time, place and manner of payment of such fees ;i. for prescribing the restrictions under which or the condition of which any license, permit or pass may be granted and in particular, and without prejudice to the generality of this provision, may make rules for-i. prohibiting the admixture with any intoxicant or 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 may be sold, and prescribing the notices to be exposed at such premises;iv. prohibiting or regulating the employment by the licenses or any person or class of persons to assist him in his business;v. prohibiting the sale of any intoxicant except for cash;vi. prescribing the days and hours during which any licensed premises mayor may not be kept open, and providing for the closing of such premises on special occasions;vii. prescribing the accounts and registers to be maintained and the returns to be submitted by the license relating to their business;viii. regulating the transfer of. licenses;j. for prescribing the particulars to be contained in licenses, permits or passes granted under this Act;k. for the payment of compensation of licensees whose premises are closed under section 22 or under any rule made under sub-clause (vi) of clause (i) of this section;l. for prescribing the time, place and manner of levying duty on intoxicants;m. for providing for the destruction or for the disposal in any other manner, of any intoxicant deemed to be unfit for use; andn. for regulating the disposal or destruction of articles or things confiscated or seized under the provisions of this Act.Explanation 1. - Fees may be prescribed under clause (g) of this section at different dates for different classes of exclusive privilege, licenses, permit, passes or storage, and for different areas.Explanation 2. - The price of an intoxicant as fixed by rules made under clause (b) 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.