Chapter VI MISCELLANEOUS

Constitution of State Prohibition Council.

1. (1) The Government may, by notification in the Official Gazette, constitute for the specified areas of Mizoram and such period as it may deem fit, a State Prohibition Council consisting of officials and non-officials as may be prescribed by the Government and may also dissolve or reconstitute any such Council.
2. (2) The compositions, powers and functions of the Council and the committee and their relation etc. shall be such as may be prescribed.

Composition of the State Prohibition Council.

1. (1) The state Government, may by notification, establish with effect from such date as it may specify in such notification, a Council to be known as the State Prohibition Council to look into the success or otherwise of the implementation of this Act.
2. (2) The State Prohibition Council shall consists of the following members –
   • (a) Minister of Excise and Narcotics, who shall be the Chairman of the State Prohibition Council;
   • (b) Such number of other officials or non-officials members representing such interests as may be prescribed by the state Government.
3. (3) The State Prohibition Council shall meet as and when necessary. However, at least one meeting shall be held every year;
4. (4) The State Prohibition Council shall meet at such time and place as the chairman may thinks fit and shall observe such procedure in regard to the transaction of its business as may be prescribed by the state Government.

District Prohibition Co-ordination Committee.

Appeals Appeals.

1. (1) All orders passed by any Prohibition Officer other than the Commissioner under this Act, shall be appealable to the Commissioner at any time within thirty days from the date of the order complained of.
2. (2) All orders passed by the Commissioner shall be appealable to the Government at any time within thirty days from the date of the order complained of.
3. (3) Subject to the foregoing provisions, the rules which the Government may make in this behalf shall apply to appeals under this section.

Revision. The state Government may call for and examine the record of any proceeding before any Prohibition Officer including that relating to the grant or a refusal of a permit under this Act, for the purpose of satisfying itself as to the correctness, legality or propriety of any order passed and as to the regularity of any such proceeding and may when calling for such record, direct that the order be not given effect to pending the examination of the record.

Power to remove difficulties Power to remove difficulties.

If any difficulty or doubt 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 appears to it to be necessary or expedient for the removal of the difficulty or doubt, and the order of the Government in such cases shall be final.

Establishments and delegation of powers Establishments and delegation of powers.

1. (1) The administration of the provisions of this Act and the rules made thereunder shall generally be under the charge of the Commissioner.
2. (2) The administration of the provisions of this Act and the rules made thereunder and the collection of the excise revenue within a District shall ordinarily be under the charge of the Assistant Commissioner of Excise & Narcotics, or any officer empowered on this behalf.

Power to makes rules.

1. (1) The Government may, by notification, make rules or orders or instructions for the purpose of carrying out the provisions of this Act,
2. (2) In particular and without prejudice to the generality of the foregoing provisions, such rules or orders or instructions may provide –
   • (a) for regulating the powers and duties of the Commissioner and any other officers subordinate to him;
   • (b) for regulating the delegations of powers by the Commissioner or by any other Excise & Narcotics and Prohibition Officer;
   • (c) for prescribing the conditions for issuing permit or licence;
   • (d) for prescribing the composition, powers and functions of the State Prohibition Council;
   • (e) for prescribing the procedure for disposal of confiscated articles;
   • (f) for the destruction or for the disposal of liquor in any other manner, of any liquor unfit for human consumption; and for regulating the disposal or destruction of articles or things confiscated or seized under this Act.
   • (g) any other matters as may, or require to be prescribed.
3. (3) Every Rules made under this Act shall be laid before the Mizoram Legislative Assembly.

Repeal and savings.

1. (1) On and from the commencement of this Act, the Mizoram Liquor (Prohibition & Control) Act, 2014 (Act No. 8 of 2014) and the Rules made thereunder shall stand repealed. Provided however that pending cases under the repealed Acts or Rules shall continue to be tried and disposed of under the repealed Acts or Rules as if the repealed Acts or Rules have not been repealed.
2. (2) Notwithstanding such repeal, anything done or any action taken under the Mizoram Liquor (Pro-hibition & Control) Act, 2014 (Act No. 8 of 2014) and the Rules made or Notifications issued thereunder shall, in so far as they are consistent with the provisions of this Act, be deemed to have been done or taken under the relevant provisions of this Act.