Chapter VIII MISCELLANEOUS

Every person, who manufactures or sells any liquor under a licence granted under this Regulation, shall

1. (a) supply himself with such measures, weights and instruments as the Excise Commissioner may specify in this behalf, and keep the same in good condition; and
2. (b) on the requisition of any Excise Officer, at any time to measure, weight or test any liquor in his possession in such manner as the said Excise Officer may require.

The Administrator may, by notification, declare as to what shall be deemed to be liquor for the purposes of this Regulation or the rules made thereunder.

The Administrator may issue such order and take such measures as may be deemed appropriate to regulate drinking of liquor or to enforce prohibition of such drinking in the whole or any part of the Union territory.

The Administrator may make 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:

Power of Administrator to declare limit of sale by retail and by wholesale The Administrator may, by notification, declare in respect of the whole of the Union territory or to any local area comprised therein, as regards to purchasers generally or any specified class of purchasers and generally or for any specified occasion, the maximum or minimum quantity, or both, of a liquor, which for the purposes of this Regulation, may be sold by retail and by wholesale.

No suits for damages shall lie in any Civil Court against the Administrator or any officer or person for any act done in good faith, or ordered to be done in pursuance of this Regulation or of any other law for the time being in force relating to excise revenue.

1. (1) The Administrator may, by notification, make rules not inconsistent with the provisions of this Regulation, for carrying out the provisions of this Regulation.
2. (2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:
   • (a) the form in which an annual report shall be submitted by the Excise Commissioner under clause (i) of section 4;
   • (b) the terms and conditions for grant of reward to the officers and employees, and informers for the work under section 9;
   • (c) the manner of registration for the purpose of manufacture of alcohol exclusively for industrial use under sub-section (2) of section 10;
   • (d) the fees, period, terms and conditions and form, for grant of licence or permit under section 11;
   • (e) the conditions for security and counterpart agreement under section 13;
   • (f) the restrictions on power of the licensing authority to suspend or cancel licence or permit under sub-section (1) of section 16;
   • (g) the terms and conditions subject to which transfer of licence or permit may be made under section 19;
   • (h) the terms and conditions for granting of licence or lease under section 20;
     • (i) the bond to be executed for removal of liquor from manufactory, warehouse, etc., under section 21;
   • (j) the terms and conditions for collection of fee for issue of licence or permit under sub-section (2), and the manner of assessment of import, export and transport duties under sub-section (3), of section 26;
   • (k) the returns, forms and the particulars and such other information to be submitted by the licensee under section 31;
   • (l) the value of liquor which may be less than or exceed under clauses (a) and (b), respectively, of section 32;
   • (m) the quantity of the liquor to be sold, transported, possessed or bought by the manufacturer under section 37;
   • (n) the period within which any major offence may be referred by the Deputy Commissioner under sub-section (2) of section 68;
   • (o) the manner of adjudication by an Adjudicating Officer under sub-section (2) of section 69;
   • (p) the guidelines for compounding under sub-section (3) and the manner in which the liquor, apparatus, vehicle or other material seized shall be disposed of under sub-section (4) of section 70;
   • (q) the manner in which any liquor, mahua flowers or molasses and any other confiscated property shall be disposed of under sub-section (7) of section 73;
   • (r) the manner and fees for disposal of confiscated property under sub-section (1) of section 75; the regulation of movement, possession and sale of molasses, black jaggery, mahua flower, etc., under section 95;
   • (t) any other matter which is to be, or may be prescribed under this Regulation.

Every rule made, or notification or order issued, under this Regulation shall be laid, as soon as may be after it is made or issued, before each House of Parliament, 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, both Houses agree in making any modification in the rule or notification or order, or both Houses agree that the rule or notification or order should not be made, the rule or notification or order 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 or notification or order.

1. (1) If any difficulty arises in giving effect to the provisions of this Regulation, the Administrator may, by order published in Official Gazette, make such provisions, not inconsistent with the provisions of this Regulation, as may appear to it to be necessary, for removing the difficulty: Provided that no order shall be made under this section after the expiry of a period of two years from the date of commencement of this Regulation.
2. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.

1. (1) The Lakshadweep Prohibition Regulation, 1979 is hereby repealed.
2. (2) The repeal of the Lakshadweep Prohibition Regulation, 1979 (herein referred to as the repealed Regulation),
   • (a) shall not affect the previous operation of the repealed Regulation or the rules made thereunder in respect of anything duly done or suffered thereunder;
   • (b) shall not affect any right, privilege, obligation or liability acquired, accrued or incurred under the repealed Regulation or the rules made or orders issued thereunder; and
   • (c) the provisions of the repealed Regulation shall continue to apply to any proceeding, inquiry or appeal pending immediately before the commencement of this Regulation, as if the repealed Regulation has not been repealed.
3. (3) Without prejudice to the provisions of sub-section (2), the provisions of section 6 of the General Clauses Act, 1897 shall apply with regard to the effect of repeal.

Notwithstanding anything contained in any law, regulation and rules prevailing at the time of this Regulation is brought into force, if such provision of law, regulation and rule is repugnant to, or inconsistent with any of the provision of this Regulation, cease to be operative to the extent of such repugnancy or inconsistency.

Any custom or usage prevailing at the time of this Regulation is brought into force, if such custom or usage is repugnant to, or inconsistent with any of the provision of this Regulation, cease to be operative to the extent of such repugnancy or inconsistency.