Chapter X MISCELLANEOUS

All officers and persons empowered to exercise any powers or to perform any functions under this Act, shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, and the Prevention of Corruption Act, 1947 (Central Act II of 1947).

Legal protections for officers. No suit or proceeding shall lie against the Government or against any Prohibition, Police or other officers or against any person empowered to exercise powers or to perform the functions under this Act for anything in good faith done or purporting to be done under this Act.

A Prohibition Officer shall be deemed to be a Police Officer within the meaning of this Act for the purposes of section 125 of the Indian Evidence Act, 1872.

Actions against bail defaulters. When, by reason of default at appearance of a person bailed to appear before a Police or Prohibition Officer, such officer is of opinion that proceedings should be taken to compel payment of the penalty or penalties

State can authorize extra force for enforcement. (1) If the State Government is satisfied that the inhabitants of any area are concerned in the commission or abetment of any of the offences punishable under sections 58 to 63, the State Government may, by notification, direct the employment of additional police for such period as it thinks fit. (2) The cost of such additional police shall, if the State Government so directs, be either in whole or in part defrayed by a tax imposed on the persons herein below mentioned or by a rate assessed on the property of such persons or both by a tax and by a rate so imposed and assessed, and charged,- (a) either generally on all persons, who are inhabitants of the local area to which such notification applied; or (b) specially on any particular section or sections, or class or classes of such persons and the State Government may direct the proportions in which such tax or rate shall be charged. Explanation.—For the purposes of this section, “inhabitants” shall include persons who themselves or by their agents or servants occupy or hold land or other immovable property within such area, and land-holders who by themselves or by their agents or servants collect rents or revenue direct from ryots or occupiers in such area, notwithstanding that they do not actually reside therein. (3) The cost of the additional police and the tax to be imposed or the rate to be assessed shall be determined in the manner prescribed, by the State Government or such authority or officer that may be empowered in this behalf. (4) It shall be lawful for the State Government to extend for a term not exceeding in any case, five years, the period for the payment of such tax or rate beyond the period for which such additional police are actually employed. (5) Every tax imposed or rate assessed shall be recovered by the Deputy Commissioner of the district as if it were a land revenue due by the person liable therefor. (6) It shall be lawful for the State Government by order to exempt any class of persons from liability to bear any portion of the cost of such additional police.

Powers to shut shops during crises. (1) It shall be lawful for the Deputy Commissioner, by notice in writing to the licensee, to require that any place in which any intoxicant or hemp is sold by retail shall be closed at such time or for such period as he may deem necessary, if, in the opinion of the Deputy Commissioner, such closing is necessary in the interest of public peace. (2) If a riot or unlawful assembly is imminent or occurring, it shall be lawful for any Magistrate or Police Officer, who is present, to direct that such place shall be closed and kept closed for such period as he thinks fit. (3) Any order given under this section shall be final.

Broad governing powers of the State. Notwithstanding anything contained in this Act, or the rules made thereunder, the State Government may, by general or special order,- (a)prohibit the grant of any kind of licences, permits, passes or authorisations throughout the State, or in any area; (b)regulate the import, export, transport, possession, sale, purchase, consumption or use of any intoxicant, hemp, mhowra flowers, molasses or any article which is likely to be used for the manufacture of an intoxicant with or without licence, permit, pass or authorisation throughout the State, or within the limits of any local area, subject to such conditions and for such periods as it deems fit; (c)exempt any person or institution or any class of persons or institutions from the observance of all or any of the provisions of this Act, or any rule or regulation or order made thereunder; (d)exempt any intoxicant or class of intoxicants from all or any of the provisions of this Act; (e) direct that no licence, permit, pass or authorisation of the kind specified in such order, shall be granted without the previous approval of the State Government; (f)direct any conditions or alterations to be made to or in the conditions subject to which under any other provisions of this Act, such licence, permit, pass or authorisation can be granted; (g)specify the persons or class of persons to whom licences may not be granted; (h)direct that licences of the kind specified in such order shall be granted to persons specified in such order; (i)prohibit, regulate or control, subject to such conditions as may be specified in the order, the consumption or use of any intoxicant or hemp, in any public place; and (j)issue such other instruction in any matter pertaining to the grant or otherwise of licences, permits, passes or authorisations under this Act, as the State Government may deem proper.

(1) The State Government may, by notification, make rules for the purpose of carrying out the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing power, the State Government may make rules— (a) regulating the application of any powers by the Commissioner, by a Deputy Commissioner or by any other Prohibition Officer; (b) regulating the import, export, transport, collection, sale, purchase, consumption, use or possession of any intoxicant or hemp, mhowra flowers or molasses; (c) regulating the manufacture of any intoxicant; (d) regulating the cultivation and collection of hemp; (e) regulating the tapping of toddy producing in trees, and drawing of toddy therefrom; (f) regulating the grant, suspension or cancellation of licences, permits, passes or authorisations for the import, export, transport, collection, sale, purchase, possession, manufacture, consumption, use or cultivation of any of the articles mentioned in clause (b) and for the matters specified in clause (e); (g) regulating the purposes and localities for which licences may be granted for the wholesale or retail vend of any of the articles mentioned in clause (b); (h) providing for the consulting of public opinion and prescribing the procedure to be followed and the matters to be ascertained before any licence, permit, pass or authorisation for the vend, consumption, or use of any of the articles mentioned in clause (b) is granted to any person or in any locality; (i) prohibiting and regulating the employment by a licence holder of any person or class of persons to assist him in his business in any capacity whatsoever; (j) prescribing the manner in which the juice from a cocoanut, date or any kind of palm tree is to be treated for the purpose of preventing fermentation; (k) prescribing the persons or classes of persons to whom any intoxicant or hemp may not be sold or who may be allowed to sell, purchase or use; (l) for the prevention of drunkenness, gambling or disorderly conduct in or near any licensed premises and the meeting and remaining of persons of bad character on such premises; (m) regulating the grant of expenses to persons called to give information in the investigations in respect of offences under this Act; (n) regulating the printing, publishing or otherwise displaying or distributing any advertisement or other matter soliciting the use of or offering any intoxicant or hemp, or calculated to encourage or incite any individual or class of individuals or the public generally to commit an offence under this Act, or to commit a breach or evade the provisions of any rule or order made thereunder or the conditions of any licence, permit, pass or authorisation issued thereunder; (o) regulating within the State the circulation, distribution or sale of any newspaper, news-sheet, book, leaflet, booklet or other publication, printed and published outside the State containing any advertisement or matter which solicits the use of or offers any intoxicant or hemp; (p) imposing restrictions or conditions on buyers of intoxicant including provisions for compelling them to sign entries pertaining to the purchase of intoxicant by them; (q) prescribing the specifications and test in respect of the purity of molasses; (r) regulating the taking of samples of molasses; (s) prescribing the powers, functions and duties of Prohibition Officers, Committees and Medical Boards and the fees and allowances payable to the members of the Committees and Medical Boards; (t) prescribing the procedure regarding the work of the Board of Experts; (u) prescribing the fees payable in respect of any privileges, licence, permit, pass or authorisation granted or issued under this Act;

Requirement for legislative vetting. Every rule or regulation made under this Act, every order made under section 123 and every notification issued under section 17 or section 130, shall be laid, as soon as may be after it is made, before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule, regulation, order or notification or both Houses agree that the rule, regulation, order or notification should not be made, the rule, regulation, order or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule, regulation, order or notification.

Delegated power for Commissioner to issue regs. (1) The Commissioner may, with the approval of the State Government, make regulations, not inconsistent with the provisions of this Act or the rules made thereunder,— (a)regulating, as the case may be, the manufacture, supply or storage of any intoxicant or hemp, mhowra flowers or molasses, including,- (i) the erection, inspection, supervision, management and control of any place for the manufacture, supply or storage of such articles, and the fittings, implements and apparatus to be maintained therein; (ii) the cultivation of hemp and the collection of the spontaneous growth of such plant and the preparation of any intoxicating drug from such growth and the storage and supply of such hemp or intoxicating drug; (iii) the bottling of liquor; (b)regulating the deposit of any intoxicant, hemp, mhowra flowers or molasses in a warehouse and the removal of such articles from any such warehouse or from any distillery or brewery; (c)prescribing in the case of an intoxicant or opium, the way in which the duty on such article shall be levied; (d)prescribing the scale of fees or the manner of fixing the fees payable in respect of any storage of any intoxicant, hemp, opium, mhowra flowers or molasses; (e)regulating the time, place and manner of payment of any duty or fees; (f)prescribing the restrictions under which and the conditions on which any licence, permit, pass or authorisation may be granted, including,- (i) the prohibition of the admixture with any intoxicant of any substance deemed to be noxious or objectionable; (ii) the fixing of the strength, price or quality in excess of or below which any intoxicant or mhowra flowers shall not be sold or supplied and the quantity in excess of which denatured spirit or molasses shall not be possessed or sold and the prescription of a standard of quality for any intoxicant, mhowra flowers or molasses; (iii) the prohibition of sale of any intoxicant or hemp except for cash; (iv) the prescription of the days and hours during which any licensed premises may or may not be kept open and the provisions for the closure of such premises on special occasions; (v) the prescription of the nature of the premises on which any intoxicant may be sold and the notices to be exposed at such premises; (vi) the writing of the names and addresses and the taking of signatures of purchasers in the register of sale of any intoxicant, hemp, opium or mhowra flowers; (g)(i) declaring the process by which spirits shall be denatured in particular areas or for particular purposes; (ii)for causing such spirits to be denatured through the agency or under the supervision of Government officers; (iii) for ascertaining whether such spirits have been denatured; (h)providing for the destruction or other disposal of any intoxicant declared to be unfit for use; (i)regulating the disposal of confiscated or forfeited articles; (j)prescribing the occasions on which special orders may be granted for the sale by retail of quantities of liquor or intoxicating drugs, or opium other than those which are prescribed in any notification issued under this Act and the conditions on which such sales may be made; (k)prescribing the amount of security to be deposited by the holder of a licence, permit, pass or authorisation for the performance of the conditions for the same; (l)providing for the maintenance by the holders of licences, passes or authorisations of the registers of sales, purchases, possession, consumption or use and the particulars to be entered in the register; (m)regarding any other matter, which the State Government may, by notification, direct him to prescribe for the purposes of carrying out the provisions of this Act. (2) The regulations made under this section shall be published in the official Gazette.

Exclusion of customs territory. For removal of doubts, it is hereby declared that nothing in this Act shall be deemed to apply to any intoxicant or other articles in respect of its import, or export across the customs frontiers.

Liability of directors/managers for company offences. (1) If the person committing an offence under this Act is a company, the company as well as every person in charge of, and responsible to the company for the conduct of its business at the time of the commission of the offence shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this section has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is attributable to any neglect on the part of, any director, manager, secretary, or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.—For the purposes of this section,— (a)“company” means any body corporate and includes a firm or other association of individuals, and (b)“director”, in relation to a firm, means a partner in the firm.

Repealing clause for previous State-specific Acts. (1) The enactments mentioned in Schedule A are hereby repealed: Provided that section 6 of the Karnataka General Clauses Act, 1899 (Karnataka Act III of 1899), shall, subject to sub-section (2), be applicable in respect of such repeal and section 8 and section 24 of the said Act shall be applicable as if the said enactments were enactments within the meaning of section 6, section 8 and section 24 of the said Act and had been repealed and re-enacted by this Act: Provided further, but subject to the preceding proviso, any permit, pass, licence or authorisation made or issued under any of the repealed enactments shall, so far as it is not inconsistent with the provisions of this Act, be deemed to have been made or issued under the corresponding provisions of this Act, and shall continue to be in force accordingly, unless and until it expires or is superseded by anything done or any action taken under this Act. (2) On the repeal of the Bombay Prohibition Act, 1949, in the Belgaum area of the State of Karnataka under sub-section (1), the Indian Opium Act, 1878 (Central Act I of 1878), as it was in force in the Belgaum area before the commencement of the Bombay Prohibition Act, 1949, shall revive and be in force in such area. (3) From the date this Act comes into force in the other areas of the State of Karnataka under sub-section (4) of section 1, the enactments specified in Schedule B shall, to the extent they are in force in such areas, stand repealed: Provided that such repeal shall not affect— (a) the previous operation of any such enactment or anything duly done or suffered thereunder; (b) any right, privilege, obligation or liability acquired, accrued, or incurred under such enactment; (c) any penalty, forfeiture or punishment incurred in respect of any offence committed against such enactment; (d) any investigation, legal proceeding or remedy in respect of such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid; (e) the levy of any duty or fee and the recovery of any duty or fee leviable under any such enactment; and any such investigation, legal proceeding or remedy may be instituted or enforced and any such penalty, forfeiture, or punishment may be imposed, and any such duty or fee may be levied or recovered, as if such enactment had not been repealed: Provided further, but subject to the preceding proviso, any appointment, notification, notice, order, rule or form made or issued under any such enactment shall continue to be in force and deemed to have been made or issued under this Act, unless and until it is superseded by anything done or any action taken under this Act, notwithstanding the fact that the authority competent to make or issue such notification, notice, order, rule or form is different from that authorised in the enactment repealed and notwithstanding also that such notification, notice, order, rule or form was made or issued in a different form or name.

Government power to issue orders for transition. (1) If any difficulty arises in giving effect to the provisions of this Act in consequence of the transition to the said provisions from the provisions of the Acts in force immediately before the commencement of this Act, the State Government may, by notification in the official Gazette, make such provisions as appear to it to be necessary or expedient for removing the difficulty. (2) If any difficulty arises in giving effect to the provisions of this Act (other than in relation to the transition from the provisions of the Acts in force before the commencement of this Act), the State Government may, by notification, make such provisions, not inconsistent with the purposes of this Act, as appear to it to be necessary or expedient for removing the difficulty.