Chapter VI Chapter VI

Miscellaneous

1. (1) The Government may, by notification in the Official Gazette, constitute for the whole of Mizoram and for such period as it may deem fit, a State Prohibition Council consisting of Official and non-official residents of the State of Mizoram as may be prescribed by the Government. The Government may also, by like notification dissolve or reconstitute any such Council.
2. (2) The Government may, by notification in the Official Gazette, constitute for a district, or part thereof and for such period as it may deem fit, Prohibition Committees consisting of official and non-official residents of the district. The Government may also, by like notification, dissolve or reconstitute such Prohibition Committees.
3. (3) The compositions, powers and functions of the Council and the Committee and their relation etc. shall be such as may be prescribed.

Any officer or person exercising powers under this Act, who-

1. (a) maliciously enters or searches or causes to be entered or searched any building or house or similar dwelling place; or
2. (b) vexatiously and unnecessarily seizes the property or any person in the pretence of seizing or searching for anything liable to confiscation under this Act; or
3. (c) vexatiously and unnecessarily detains, searches or arrests any person; or
4. (d) in any other way maliciously exceeds or abuses his lawful powers, shall on conviction, be punished with imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees or with both.

The Commissioner may, with the previous sanction of the Government,-

1. (a) establish a Departmental stores for stock of confiscated foreign liquor or beer for supply to permit holders under this Act or the rules made thereunder;
2. (b) discontinue any such Departmental Stores so established.

Rewards may be given to any person instrumental for the arrest and seizure under the provisions of this Act as may be prescribed in the rules.

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 sixty 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 sixty days from the date of the order complained of: Provided that no appeal shall lie against an order passed by the Commissioner on appeal.
3. (3) Subject to the foregoing provisions, the rules which the Government may make in this behalf shall apply to appeals under this section.

The State Government may call for and examine the record of any proceeding before any Prohibition Officer including that relating to the grant or refusal of a permit or authorisation 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.

Officers and persons being officers under this Act to be public servants All Officers and persons empowered to exercise any power 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.

1. (1) No Civil Court shall try any suit against the Government in respect of anything done, or alleged to have been done, in pursuance of this Act, and except with the previous sanction of the Government, no magistrate shall take cognizance of any charge made against any Excise or Police Officer under this Act, or any charge made against any other person under this Act, unless the suit or prosecution is institute within one month after the date of the act complained of.
2. (2) Notwithstanding anything to the contrary contained in this Act or in any other law in force for the time being, when any Excise or Police Officer of any rank is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no court shall take cognizance of such offence, except with the previous sanction of the Government under section 197 of the Code of Criminal Procedure, 1973 as applicable in the State of Mizoram.

Limitation of suits and proceedings against Government No suit or proceedings shall lie in any Civil Court against the Government or against any person empowered to exercise powers or to perform functions under this Act, for anything done in good faith or purported to be done under this Act.

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 purpose 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.

Power of suspension The Government shall have the power to suspend all or any of the provisions of this Act, at any time, as a result of change of prohibition policy of the Government.

Power to make rules

1. (1) The Government may make rules for carrying out the provisions of this Act.
2. (2) In particular and without prejudice to the generality of the foregoing provisions such rules may provide-
   • (a) for regulating the powers and duties of the Commissioner and any other Officers subordinate to him;
   • (b) for regulating the delegation of powers by the Commissioner or by any other Excise and Prohibition Officer;
   • (c) for regulating the consumption of liquor by holder of a permit or authorisation;
   • (d) for prescribing the conditions for issuing permit, or authorisation;
   • (e) for prescribing the procedure for payment of duty and fee by permit-holder;
   • (f) for prescribing the composition, powers and functions of the Prohibition Council and the Committee;
   • (g) for prescribing the procedure for disposal of confiscated articles;
   • (h) for regulating the procedure for payment of rewards;
     • (i) for the establishment of Departmental Store for the stock of India made foreign liquor, and beer and for issue of liquor from the Departmental Store;
   • (j) for prescribing the authority to whom all appeal shall lie;
   • (k) any other matter as may, or require to be prescribed.
3. (3) Every rule made under this section shall be laid as soon as may be, after it is made, before the Mizoram Legislative Assembly while it is in session for a total period of seven days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session of which it is so laid or the sessions immediately following, the Legislative Assembly decide to make any modification in the rule or the Legislative Assembly agrees that the rule should not be made; the rule 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.

Repeal and saving

1. (1) On and from the commencement of this Act, the provisions of the Mizoram Excise Act, 1973, shall, in so far as they are inconsistent with the provisions of this Act, stand repealed.
2. (2) Notwithstanding anything contained in sub-section (1), any act or anything done or purported to be done under the provision of the portion of the said Act so repealed shall be taken into account as any action done or purported to be done under this Act.