Bare ActsThe TRIPURA EXCISE ACT, 1987

Section 88

Power of the State Government to make rules :- (1) The State Government may make rules to carry out the objects of thi

Amendment status not verified — confirm the current text below against the official source.

Power of the State Government to make rules :- (1) The State Government may make rules to carry out the objects of this Act. (2) In particular, and without prejudice to the generality of the foregoing provision, the State Government may make rules — (i) for prescribing the powers and dutiec of officers of the Excise Department; (ii) for regulating the delegation of any powers by the Excise Commissioner or Collector under clause (h) of sub-section (2) of Section 5 ; (iii) for declaring in what cases or classes of cases and to what authorities appeals shall lie from orders whether original or appellate, passed under this Act or under any rule made hereunder, and for prescribing the time and manner for presenting, and the procedure for dealing with, such appeals; (iv) for regulating the import, export, or transport, or any intoxicant; (v) for regulating the periods for which licenses for the wholesale or retail vend of any intoxicant may be granted, and the number of such licenses which may be granted for any local area ; (vi) for prohibiting the grant of licenses for the retail sale of any intoxicant at any place or within any local area described in the rules, or for defining the place in the vicinity of which shops for the retail sale of any intoxicant shall not ordinarily be licensed ; 39 (vii) for prohibiting the grant to specified classes of persons of licenses for the retail sale of any intoxicant; (viii) for declaring, either generally or in respect of areas described in the rules, the persons or classes of persons to whom any intoxicant may or may not sold ; (ix) for prescribing restrictions subject to which a license, permit or pass granted under this Act may be cancelled or suspended ; (x) for regulating the procedure to be followed and prescribing the matters to be ascertained before any license for the wholesale or retail vend of any intoxicant is granted for any locality ; (xi) for restricting the exercise of any of the powers conferred by the section 67, 68 and 69 ; (xii) for declaring the Excise officers to whom and the manner in which, information or aid should be given under section 74 ; (xiii) for the grant of expenses to witnesses; (xiv) for the grant of compensation for loss of time to persons released by any Excise Officer under this Act on the ground that they have been improperly arrested, and to persons charged before a Magistrate with offences punishable under this Act and subsequently acquired; and (xv) for prescribing restrictions or modification in the application to the Excise Officers of the provisions of the code of Criminal Procedure, 1973, relating to powers Police Officers which are referred to in section 76, sub-section (1), of this Act; (xvi) for regulating the manufacture, supply or storage of any intoxicant; (xvii) relating to the bottle of liquor for purpose of sale; (xviii) for the cultivation of the hemp plant (Cannabis Sativa); (xix) for 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; 40 (xx) for the tapping of tari-producing trees and the drawing of tari from trees; (xxi) for the marking of tari-producing trees in area notified under section 12, and the maintenance of such marks; (xxii) 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 be possessed, and for prescribing a standard of quantity for any intoxicant ; (xxiii) for declaring how spirit manufactured in India shall be denatured; (xxiv) for causing spirit so manufactured to be denatured through the agency or under the supervision of servants of the Government; (xxv) for ascertaining whether any spirit so manufactured has been denatured; (xxvi) for regulating the deposit of any intoxicant in a warehouse established, authorised or continued under this Act, and the removal of any intoxicant from any such warehouse or from any distillery or brewery; (xxvii) for prescribing the scale of fees or the manner of fixing the fees payable in respect of any exclusive privilege granted under section 20 or any license, permit or pass granted under this Act, or in respect of the storing of any intoxicant. (xxviii) for regulating the time, place and manner of payment of such fees; (xxix) for prescribing the restrictions under which or the condition or which any license, permit or pass, may be granted ; (xxx) prohibiting the admixture with any intoxicant of any article deemed to be noxious or objectionable; (xxxi) regulating or prohibiting the reduction of liquor by a licensed manufacturer or licensed vendor from a higher to a lower strength; (xxxii) 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 ; 41 (xxxiii) prohibiting or regulating the employment by the licensee of any person or class of persons to assist him in his business; (xxxiv) prohibiting the sale of any intoxicant except for cash; (xxxv) 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. (xxxvi) prescribing the accounts to be maintained and the returns to be submitted by licensees, and (xxxvii) regulating the transfer of licenses; (xxxvii) for prescribing the particulars to be contained in licenses, permits or passes granted under this Act; (xxxix) for the payment of compensation to licenses whose premises are closed under section 24 or under any rule made under clause (xxxv) of this section ; (xl) for prescribing the time, place and manner of levying duty on intoxicants; (xli) for providing for the destruction or other disposal of any intoxicant deemed to be unfit for use ; and (xlii) for regulating the disposal of things confiscated under this Act; (xliii) for imposing fees at different rates for different classes of exclusive privileges, licenses, permits, passes or storage, and for different areas ; (xliv) for rewarding any Excise Officer or other person for any remarkable work done.

Section 88 – The TRIPURA EXCISE ACT, 1987 | DailyLaw.ai