Amendment status not verified — confirm the current text below against the official source.
Limitation of prosecutions.— (1) No Court shall take cognizance of an offence punishable— (a) under Section 37, Section 38, Section 38-A, Section 39, except on a complaint or report of the Collector or an Excise Officer not below the rank of District Excise officer as may be authorised by the Collector in this behalf; (b) under any other section of this Act other than Section 49 except on the complaint or report of an Excise Officer or Police Officer. (2) Except with the special sanction of the State Government no Judicial Magistrate shall take cognizance of any offence punishable under this Act, or any rule or order thereunder, unless the prosecution is instituted within six months from the date on which the offence is alleged to have been committed. 61-A. Tender of pardon to accused person turning approver.— Whenever two or more persons are prosecuted for an offence under this Act, the Chief Judicial Magistrate or any Magistrate of the first class inquiring into or trying the offence may, for the reasons to be recorded in writing by him, tender to any accused person a pardon on condition of his making a full and true disclosure of all facts connected with the offence. 45 CHAPTER VIII-A SPECIAL PROVISIONS FOR SCHEDULED AREAS 61-B. Definitions.— In this Chapter, unless the context, otherwise requires,— (a) „Scheduled Areas‟ means the Scheduled Areas, as referred to in clause (1) of Article 244 of the Constitution of India; (b) “Gram Panchayat and „Gram Sabha” shall have the same meaning as assigned to them in the Madhya Pradesh Panchayat Raj Adhini yam, 993 (No. 1 of 1994); (c) “Scheduled Tribes” means any tribe or tribal community or part of, or group within such tribe or tribal community specified as Scheduled Tribes with respect to the State of Madhya Pradesh under Article 342 of the Constitution of India. 61-C. Scope and extent.— The provisions of this chapter shall apply to the Scheduled Areas, and if there is anything repugnant in this Act, the provisions of this chapter shall prevail. 61-D. Exemption of members of the Scheduled Tribes from certain provisions of the Act.— (1) The provisions of this Act in respect of manufacture of country spirit by distillation, its possession and consumption shall not apply to the members of the Scheduled Tribes in the Scheduled Areas. (2) The members of the Scheduled Tribes in the Scheduled Areas may manufacture country spirit by distillation subject to the following conditions, namely:— (i) manufacture of country spirit shall be for the purpose of domestic consumption and for consumption at social and religious functions only by the members of the Scheduled Tribes in the Scheduled Areas; (ii) country spirit so manufactured shall not be sold; (iii) the maximum limit for possession of country spirit so manufactured shall be 4.5 liters per individual and 15 liters per household and in special circumstances 45 liters per household on the occasion of a social and religious function: Provided that the Gram Sabha may reduce the limit of possession of country spirit. 46 Explanation.— A household shall mean a group of persons residing and messing jointly as members of one domestic unit. 61-E. Power of Gram Sabha to regulate and prohibit manufacture sale etc. of intoxicants.— (1) The Gram Sabha shall have the power to regulate and prohibit manufacture, possession, transport, sale and consumption of intoxicants within its territorial jurisdiction: Provided that an order of prohibition passed by the Gram Sabha shall not apply to a manufactory engaged in the manufacture of any intoxicant arid established prior to coming into force of the provisions of this chapter. (2) No new manufactory for manufacturer of any intoxicant shall be established and no new outlets for sale of intoxicants in any area comprised within the territorial jurisdiction of the Gram Sabha shall be opened by State Government without the consent or permission of the Gram Sabha. (3) If a Gram Sabha prohibits manufacture, possession, sale and consumption of any intoxicants in its area. the following consequences shall follow:— (a) No new manufactory of intoxicants shall be established within the jurisdiction of the Gram Sabha. (b) No new outlets for sale of any intoxicants shall be opened, and the existing outlets, if any, shall be closed with effect from the first day of the next financial year immediately following the issue of order of prohibition. (c) No person shall manufacture, possess, transport, sell or consume any intoxicant within the Gram Sabha Area. 61-F. Enforcement of the decisions of Gram Sabha.— The decisions taken and orders passed by a Gram Sabha under the provisions of this chapter shall be given effect to by the Gram Panchayat of its area. Where assistance of an enforcement agency of the State Government is considered necessary, the Gram Panchayat shall proceed to approach the Sub-Divisional Magistrate of the area or an Officer authorised by him who shall take necessary action to r ender the assistance required. 47 CHAPTER IX MISCELLANEOUS