Chapter VIII MISCELLANEOUS PROVISIONS

The Government may, by notification, declare as to what shall be deemed to be liquor for the purpose of this Act or the rules framed thereunder.

The Government may issue such order and take such measures as may be deemed appropriate to regulate drinking or to enforce prohibition in whole or in any part of Delhi.

The Government may frame rules to regulate movement, possession and sale of molasses, black jaggery, mahua flower, etc., indicating terms and conditions as are necessary and expedient to prevent their misuse for illicit distillation.

No advertisement, direct or surrogate, shall be made for promoting consumption of liquor. The Excise Commissioner may, however, at his discretion allow such advertisement which is educative and promotes responsible drinking.

No suit for damages shall lie in hny civil court against the Government or any officer or person for any act done in good faith, in pursuance of this Act or of any other law for the time being in force relating to the excise revenue.

(1) The Government may by notification make rules not inconsistent with the provisions of this Act to carry out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) prescribing the powers and duties of excise officers and delegation of power; (b) prescribing the time and mariner of presenting appeals and the procedure for prosecuting and dealing with review, appeal and revision; (c) regulating import, export, transport, manufacture, collection, possession, supply or storage of any intoxicant, mahua flower, black jaggery and molasses; (d) regulating the sale and possession of toddy, neera or taxi and tapping of trees for drawing toddy or tart (e) declaring the process of denaturation of spirit; (f) regulating the wholesale or retail sale of intoxicants; (g) regulating the time, place, rate and manner of payment of duty or fee and the taking of security for its due payment; (h) prescribing the authority by which, the form and the manner in which, and the terms and conditions, subject to which any licence, permit or pass shall be granted; (i) providing for the deitruction or other disposal of any liquor deemed to be unfit for use; (j) regulating disposal of confiscated articles; (k) providing for the grant of reward to excise officers and informers; (1) regulating the grant of expenses to witnesses; (m) regulating the power of excise officer to summon witnesses; (n) curbing activities of boot-leggers who distill, manufacture, store, transport, import, export, sell or distribute any intoxicant in contravention of any provision of this Act or the rules made thereunder; (o) any other matter which is required to be, or may be prescribed under this Act. (3) Without prejudice to any provision made in this behalf, any rule made under this Act may be made so'as to be retrospective to any date not earlier than the date of commencement of this Act: PROVIDED that no rule shall be given effect retrospectively if it would have the effect of prejudicially affecting the interest of a person. (4) Every rule made under this Act shall be laid, as soon as may be after it is made, before the Legislative Assembly while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid the Legislative Assembly agrees in making any modification in the rule or the Legislative Assembly agrees that the rule should not be made, the rules shall have effect only in such modified form or be of no effect, as the case maybe; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule.

(1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as may appear to be for removing the difficulty: PROVIDED that no order shall be made under this section after the expiry of two years from the date of commencement of this Act. (2) Every order made under this section shall be laid as soon as may be after it is made before the Legislative Assembly.

Immediately with effect from the date on which this Act comes into force, the Punjab Excise Act, 1914 (1 of 1914) as in force in the National Capital Territory of Delhi shall stand repealed, provided that the repeal shall not affect— (a) the previous operation of the Act under repeal; (b) any penalty, forfeiture or punishment incurred in respect of any offence committed under the Act under repeal; (c) any investigation or remedy in respect of any such penalty, forfeiture on punishment; (d) any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed, as if this Act had not been passed: PROVIDED that subject to the preceding provisions, anything done or any action taken under the Act under repeal, shall be deemed to have been done or taken under the corresponding provision of this Act and shall continue in force accordingly, unless and until superseded by anything done or any action taken under this Act.