Chapter II Establishment

The 1[State] Government may, by notification in the Official Gazette, appoint an officer to be called the 2[Commissioner of Prohibition and Excise], who subject to the control of the 3[State] Government and subject to such general or special orders as the 4[State] Government may from time to time make, shall exercise such powers and shall perform such duties and such functions as are conferred upon, by or under the provisions of this Act and shall superintend the administration and carry out generally the provisions of this Act : 5[Provided that, the person holding the office of Director of Prohibition and Excise immediately before the commencement of the Maharashtra Director of Prohibition and Excise (Change in Designation) Act, 1973 (Mah. LII of1973) shall be the Commissioner of Prohibition and Excise for the State and shall hold that Office until the State Government otherwise directs].

1. (1) The Collectors shall, within the limits of their jurisdiction 1* * * * * * * exercise such powers and perform such duties and functions as are provided by or under the provisions of this Act.
2. (2) For the purposes of this Act all Collectors including the Collector of Bombay shall be subordinate to the 2[Commissioner].
3. (3) The 3[State] Government may, by notification in the Official Gazette, appoint any person other than the Collector 4* * * * to exercise in any district or place 5 [all or any of the powers and perform all or any of the duties] as are assigned by or under this Act to a Collector subject to such control, if any, in addition to that of the 6[Commissioner ] and of the 7[State] Government as the 8[State] Government may from time to time direct.

To aid the 1[Commissioner] and the Collectors in carrying out the provisions of this Act, the 2[State] Government may appoint such subordinate officers with such designations, and assign to them such powers, duties and functions under this Act, rules or regulations or orders made thereunder, as may be deemed necessary.

1. (1) The 1[State ] Government may invest any officer of the Police department or any officer of any other department either personally or in right of his office 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 officers 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.
2. (2) The 2[State ] Government may also invest any person 3* * * with such powers, impose on 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. Such persons may be given such designation as the 4[State ] Government may deem fit.

1[6A. Board of Experts. 2](1) 3[For the purpose of enabling the State Government to determine ] whether-

1. (a) any medicinal or toilet preparation containing alcohol, or
2. (b) any antiseptic preparation or solution containing alcohol, or
3. (c) any flavouring extract, essence or syrup containing alcohol, 4[is an article fit for use as intoxicating liquor, the State Government shall constitute a Board of Experts.]

1. (2) The Board of Experts constituted under sub-section (1) shall consist of such members, not less than 5[five in number], with such qualifications as may be prescribed. The members so appointed shall hold office during the pleasure of the State Government.
2. (3) 6[Three members] shall form a quorum for the disposal of the business of the Board.
3. (4) Any vacancy of the 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.
4. (5) The procedure regarding the work of the Board shall be such as may be prescribed. 7[(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) is fit for use as intoxicating liquor, and also on any matters incidental to the question, referred to it by the State Government. On obtaining such advice, the State Government shall determine whether any such article is fit for use as intoxicating liquor, and upon determination of the State Government that it is so fit, such article shall, until the contrary is proved, be presumed to be fit for use as intoxicating liquor.] 8[(7) Until the State Government has determined as aforesaid any article mentioned in sub-section (1) to be fit for use as intoxicating liquor, every such article shall be deemed to be unfit for such use.]

1[Other Boards and committees].- (1) The 2[State] Government may appoint 3[other boards and committees] to advise and assist officers in carrying out the provisions of this Act.

1. (2) Such 4[other boards and committees] shall perform such functions 5[as may be prescribed.]
2. (3) The constitution of such 6[other boards and committees] and the procedure regarding their work shall be as may be prescribed.
3. (4) The 7[State ] Government may direct that the members of such 8[other boards and committees [ shall be paid such fees and allowances as may be prescribed.

1. (1) The 1[State ] Government may constitute one or more medical boards 2[or panels thereof[ for such areas and consisting of such members as it may deem fit.
2. (2) A medical board 3[or a panel thereof ] so constituted shall perform such functions 4[as are prescribed[.
3. (3) The procedure regarding the work of the medical board 5[or a panel thereof[ shall be as may be prescribed.
4. (4) The members of the medical board 6[or a panel thereof[ shall be entitled to such fees and allowances as may be prescribed.

In exercise of their powers and in 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 1[State] Government be subordinate to and under the control of the 2[Commissioner] and shall be bound to follow such orders as the 3[Commissioner] may, from time to time make.

1. (1) The 1[State] Government may delegate any of the powers exercisable by it under this Act to the 2[Commissioner] or such other officers as it deems fit.
2. (2) Subject to the control and direction of the 3[State] Government the powers conferred on the 4[Commissioner] or any other officer appointed or invested with powers under this Act may be delegated by him to any of his subordinates.