Chapter V Chapter V

(1) The provisions of the Nagaland Excise Act. 1967, in so far as they are inconsistent with the provisions of this Act shall stand repealed. (2) All powers, rights and duties given by this Act shall be in addition to and not in derrogation of any other powers, rights and duties conferred by any Act, Law or Custom and all such other powers, rights and duties may be exercised and put in force in the same manner by the same authority as if this Act has not been passed.

(1) The State Government may make rules fur the purpose of carrying out the provisions of this Act, (2) In particular and without prejudice to the generality of the foregoing powers the State Government may make rules. (i) Regulating the delegation of any powers by the Director, or by any other Prohibition Officer; (ii) Regulating the import, export. Transport, collection, sale, purchase, bottling, consumption, use or possession of liquor or denatured spirit or its preparation; (iii) Regulating the manufacture of denatured spirituous preparation; (iv) Regulating the grant, suspension or cancellation of permits, passes or authorization, for the import, export, transport, collection, sale purchase, possession, manufacture, bottling consumption, use of any of the above mentioned articles. (v) Regulating the periods and localities for which the permit may be granted for the wholesale or retail vend of any of the above articles mentioned, (vi) Prescribing the restrictions under which and the conditions in which any permit, pass or authorization may be granted including; (a) the prohibition of the admixture with any liquor of any substance deemed to be or objectionable; (b) the prohibition of sale of denatured spirit denatured spirituous preparation, except for cash; (c) the prescription of the days and hours during which any premises may or may not be kept open and provisions for the closure of such premises. (d) the prescription of the accounts to be maintained and the returns to be submitted by permit holders; (e) the regulation or prohibition of the transfer of permit (vii) (a) declaring the processes by which spirits shall be denatured; (b) for causing such spirits to be denatured through the agency or under the supervision of the Government Officers and for the payment of charge for such supervision. (c) for ascertaining whether such spirits have been denatured, (viii) Prohibiting and regulating the employment by the permit holder of any persons to assist him in his business in any capacity whatsoever, (ix) Prescribing the persons or classes of persons to whom any liquor or denatured spirituous preparation, may or not be sold or who may not be allowed to sell, purchase or use any of these articles (x) Prescribing the mount of security to be deposited by the holder of any permit, pass or authorization for the due performance of the conditions for the same. (xi) Providing for the maintenance by the holders of permits, passes or authorization of the registers of sales, purchase, possession, consumption or use and the particulars to be entered in the register; (xii) Regulating the grant of rewards or expenses to officers, or persons giving information or assistance in the detection or investigation of offences under this Act, and of compensation to persons charged with offences punishable under this Act and acquitted; (xiii) Prescribing the constitution of committees, and Boards and the procedure regarding their work; (xiv) Prescribing the powers, functions and duties of Prohibition officers, Boards and Committees. The fees and allowance payable to the members of the Boards, and committees. (xv) Prescribing conditions or through transport under section 19. (xvi) Prescribing the fees payable in respect of any privilege, permit, pass or authorization granted or issued under this Act. (3) Every rule made under this section shall be laid as soon as may be, after it is made, before the Nagaland Legislative Assembly while it is in session for a total period or of seven days, which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the sessions immediately following, the Nagaland Legislative Assembly decide to make any modification in the rule or the Nagaland Legislative Assembly agree that the rule should not be made, the rule shall thereafter have effect have effect only in such modified form, or be of no effect as the case may be; so however, that any such modification or annualment shall be without prejudice to the validity of anything previously done under thatrule.

All officers and persons empowered to exercise any power or to perform any functions under this Act shall be deemed to he public servants within the meaning of section 21 of the Indian Penal Code.

No suit or proceedings shall lie against the Government or against any person empowered to exercise powers or to perform functions under this Act, for anything in good faith done or purporting to be done under this Act.

(1) All prosecutions of any Prohibition, Police or other officers, or of any persons empowered to exercise powers or to perform functions under this Act, and all actions which may be lawfully brought against the Government or any of the aforesaid officers or persons, in respect of anything done or alleged to have been done in pursuance of this Act, shall be instituted within four months from the date of the act complained of and not afterwards; and any such action shall be dismissed; (a) if the plaintiff does not prove that, previously to bringing such action, he has presented all such appeals allowed by this Act, or by any other law for the time being in force, as within the aforesaid period of four months it was possible to present, or (b) in the case of an action for damage, if render of sufficient amends shall have been made before the action was brought, or if after the institution of the action a sufficient sum of money is paid into Court with costs, by or on behalf of the defendant. (2) Subject to the provisions of section 197 of the Code of Criminal Procedure, 1973, no Court shall take cognizance of an offence committed or alleged to have been committed by any Prohibition, Police or other officer or any person empowered to exercise powers or to perform functions under this Act., in regard to anything done under this Act, unless a sanction is granted in accordance with the aforesaid provisions of section 197 Of the Code of Criminal Procedure, 1973. (3) No suit shall lie against any Prohibition, Police or other officers for damages unless the same is instituted within four months from the time the cause of action arose.

Nothing in this Act shall apply- (1) in respect of any liquor, denatured spirit and their preparations which are the property and in the possession of the Government and (2) in respect of “Zu” and “Rohi’’ provided it is used for domestic purpose only,

(1) if any difficulty or doubt arises in giving effect to the provisions of this Act, the State Government may by order published in the 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 State Government in such cases shall be final. (2) Every order made under this section shall be laid as soon as may be after it is made, before the Nagaland Legislative Assembly while it is in session for a total period of seven days which may be comprised in one session or in two successive sessions and if, before the expiry of the session immediately following the Nagaland Legislative Assembly agree in making any modification in the order or the Nagaland Legislative Assembly agree that the Order should not be made, the 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 this Order.