Chapter II ESTABLISHMENT AND CONTROL

The State Government may, by notification, appoint an officer of Government as Prohibition Commissioner, who, subject to the control of the State Government, and subject to such general or special orders as the State Government may, from time to time, make,— (a)shall exercise such powers and shall perform such duties and such functions as are conferred upon the Commissioner, by or under the provisions of this Act, (b)may exercise such powers and perform such duties and functions as are assigned by or under the provisions of this Act, to a Deputy Commissioner, and (c)shall superintend the administration and carry out generally the provisions of this Act.

(1) The Deputy Commissioner of a district shall within the limits of his jurisdiction exercise such powers and perform such duties and functions as are assigned by or under the provisions of this Act to a Deputy Commissioner, subject to such control as the State Government may from time to time direct. (2) For the purposes of this Act, all Deputy Commissioners shall be subordinate to the Prohibition Commissioner. (3) The State Government may, by notification, appoint any person other than the Deputy Commissioner of a district to exercise in any district or place, all the powers and perform all the duties and functions as are assigned by or under this Act to a Deputy Commissioner, subject to the control of the Prohibition Commissioner and such other control as the State Government may from time to time direct.

To aid the Commissioner and the Deputy Commissioners in carrying out the provisions of this Act, the State Government may appoint such subordinate officers with such designations and confer on them such powers, duties and functions under this Act, rules, regulations or orders made thereunder, as may be deemed necessary.

The State Government may invest any officer in the Police Department or any officer of any other Department with such powers, impose upon him such duties and direct him to perform such functions under this Act, rules or regulations or orders made thereunder, as may be deemed necessary and any such officer shall thereupon exercise the said powers, discharge the said duties and perform the said functions, in addition to the powers, duties and functions incidental to his principal office.

The State Government may constitute a Board of Experts to advise it on matters relating to the administration of this Act. (1) For the purpose of determining whether,- (a)any medicinal or toilet preparation containing alcohol, or (b)any antiseptic preparation or solution containing alcohol, or (c)any flavouring extract, essence or syrup, containing alcohol, -is or is not an article unfit for use as intoxicating liquor, the State Government shall constitute a Board of Experts. (2) The Board of Experts constituted under sub-section (1) shall consist of such members, not less than three in number, with such qualifications as may be prescribed by rules. The members so appointed shall hold office during the pleasure of the State Government. (3) Two members shall form a quorum for the disposal of the business of the Board. (4) Any vacancy of a member of the Board shall be filled in as early as practicable: Provided that during any such vacancy the continuing members may act, as if no vacancy had occurred. (5) The procedure regarding the work of the Board shall be such as may be prescribed by rules. (6) It shall be the duty of the Board to advise the State Government on the question whether any article mentioned in sub-section (1), containing alcohol, is unfit for use as intoxicating liquor and on such other matters incidental to the said question as may be referred to it by the State Government. On obtaining such advice, the State Government shall determine whether any such article is fit or unfit for use as intoxicating liquor or not and such article shall be presumed accordingly to be fit or unfit for use as intoxicating liquor, until the contrary is proved.

(1) The State Government may appoint committees to advise and assist officers in carrying out the provisions of this Act. (2) Such committees shall perform such functions as are provided by or under the provisions of this Act. (3) The constitution of such committees and the procedure regarding their work shall be such as may be prescribed by rules. (4) The State Government may direct that the members of such committees shall be paid such fees and allowances as may be prescribed by rules.

(1) The State Government may constitute one or more medical boards for such areas and consisting of such members as it may deem fit. (2) A medical board so constituted shall perform such functions as are provided by or under this Act. (3) The procedure regarding the work of the medical board shall be such as may be prescribed by rules. (4) The members of the medical board shall be entitled to such fees and allowances as may be prescribed by rules.

In the exercise of their powers and in the discharge of their duties and functions under the provisions of this Act or rules, regulations or orders made thereunder, all Prohibition Officers and all officers including the officers of the Police and other Departments, shall, subject to the general or special orders of the State Government, be subordinate to and under the control of the Commissioner and shall be bound to follow such orders as the Commissioner may, from time to time, make.

(1) The State Government may, by notification, delegate any of the powers exercisable by it under section 5, section 6 or section 9 to the Commissioner or such other officer as it deems fit. (2) Subject to the control and direction of the State Government, the powers conferred on the Commissioner or any other officer appointed or invested with powers under this Act may be delegated by him to any of his subordinates.