CHAPTER II

ESTABLISHMENT

⁸[commissioner of prohibitions and Excise

3. The ⁶]State] Government may, by notification in the Official Gazelle, appoint an officer to be called the ⁷[Commissioner of Prohibition and Excise], who subject to the control of the ⁶[State ] Government and subject to such general or special orders as the ¹[Stale] Government may from lime 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:

Mah. LII of 1973. Collectors

²[Provided that, the person holding the office of Director ofProhibition and Excise immediately before the commencement of the Maharashtra Director of Prohibition and Excise (Change in Designation) Act, 1973 shall be the Commissioner of Prohibition and Excise for the State and shall hold that Office until the State Government otherwise directs].

4 . (1) The Collectors shall, within the limits of their jurisdiction ³* * ***** exercise such powers and perform such duties and functions as are provided by or under the provisions of this Act.

(2) For the purposes of this Act all Collectors including the Collector of Bombay shall be subordinate to the ^{4 [}Commissioner].

(3) The ¹[State] Government may, by notification in the Official Gazelle, appoint any person other than the Collector ⁵" * * to exercise in any district or place ⁹[all or any of the powers and perform all or any of the duties] all the duties and functions as are assigned by or under this Act to a Collector subject to such control, if any, in addition to that of the ⁴[Commissioner] and of the ¹[State] Government as the ¹[State] Government may from lime to time direct.

1. This word wan substituted for the word "Provincial" by the Adaptation of Laws Order. 1950.

2. This proviso was substituted by Mah. 52 of 1973, s. 3, Sch.

3. The words and figures "for which they are appointed as Collectors under the Bombay Land Revenue Code, 1879," were deleted by Bom. 12 of 1959, s. 8(a).

4. This word was substituted for the word "Director" by Mah. 52 of 973. s. 3, Sch.

5. The words "of land revenue" were deleted by Bom. 12 of 1959, s. 8

(b) (i)

6. The word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.

7. 7. These words were substituted for the words "Director of Prohibition and Excise” by Mah. 52 of 1973, s. 3. Sch.

8. This word was substituted for the word "Director", ibid.

9. These words were substituted for the words "all the powers and perform ail the duties" by Bom. 12 of 1959 s. 8(6)07).

Subordinate officers

5. To aid the ⁵[Commissioner] and the Collectors in carrying out the provisions of this Act, the * (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.

Investing

officers of ⁹[Police and\other departments with powers and duties under this Act.

6 . (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) The ¹[State] Government may also invest any person ¹⁰* * * 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 ' [Stale) Government may deem fit.

Board of Experts.

²[6A. ³[(1) ⁴[For the purpose of enabling the State Government to determine] whether -

(a) any medicinal or toilet preparation containing alcohol, or

(b) any antiseptic preparation or solution containing alcohol, or

⁶[is an article fit for use as intoxicating liquor, the State Government shall constitute a Board of Experts.]

(2) The Board of Experts constituted under sub-section (1) shall consist of such members, not less than ⁷[five in number], with such qualification as may be prescribed. The members so appointed shall hold office during the pleasure of the State Government.

(3)⁸[Three members) shall form a quorum for the disposal of the business of the Board.

1. This word was substituted fort the word "Provincial" by the Adaptation of 1-aws Order, 1950.

2. Section 6A was inserted by Bom. 26 of 1952, s. 3.

3. Sub-Section (1) was substituted for the original by Bom. 36 of 1954, s. 3 (i)

4. 'These words were substituted for the words "for the purpose of determining" by Bom. 22 of I960,s.4(b.

5. This word was substituted for the word "Director" by Mah. 52 of 1973, 5. 3, Sch.

6. These words were substituted for the words "is or is not an article unfit for use as intoxicating liquor, the State Government shall constitute a Hoard of Expert", ibid.

7. 'These words were substituted for the words "three in number" ibid., s. 4(b).

8. These words were substituted for the words "Two members", ibid., s. 4 (c).

9. These words were inserted by Bom. 22 of i960, s. 3{b).

10. The words "working in sin honorary capacity or otherwise" were deleted Bom. 22 of 1960. 3(a).

¹⁰[Other

Boards and

Committees]

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.

(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 Slate Government has determined as aforesaid any article mentioned in sub-section (1) to be fit or use as intoxicating liquor, every such article shall be deemed to be unfit for such use.]

7. (1) The⁹[State] Government may appoint ¹⁰[other boards and committees] to advise and assist officers in carrying out the provisions of this Act

Medicals Board.

(2)Such ¹⁰[other boards and committees] shall perform such functions '' [as may be prescribed.]

(3)The constitution of such '"[other boards and committees] and the procedure regarding their work shall be as may be prescribed.

(4)The¹[state]Government may direct that the members of such ²lother boards and committees) shall be paid such fees and allowances as may be prescribed.

8. (1) The '[State] Government may constitute one or more medical boards ³[or panels thereof] for such areas and consisting of such members as it may deem fit.

(2) A medical board ⁴[or a panel thereof] so constituted shall perform such functions ⁵[as are prescribed].

1. "This word was substitutes for the word "Provincial" by the Adaptation of Laws Order, 1950.

2. These words were substituted for the word "committees", by Bom, 22 of 1960,5. 5(a)

3. These words were inserted, ibid., s. 6(u)

4. These words were inserted, ibid., s. 6(b) and (c).

5. 5. These words were substituted for the words "as are provided by or under this Act", ibid.

7. Subsection (7) was substituted for the original, by (Sum. 22 of 1960 s. 4(d)

8. Sub-section (7) was added, ibid., s. 4 (e).

9. This word was substituted for the word "Provincial by the Adaptation of Laws Order, 1950.

10. These words were substituted fur the word "committees", by Bom. 22 of I960, S. 5(a).

11. These words were substituted the words "as are provided by or under the provisions of this Act", ibid., s. 5 (b).

	(3)The procedure regarding the work of the medical board ²[or a panel thereof] shall be as may be prescribed. (4)The members of the medical board ²[or a panel thereof) shall be entitled to such fees and allowances as may be prescribed.
Control of 6 [Commissioner) over Prohibition Officers and other officers. Delegation	9. In exercise of their powers and in discharge of their duties and functions under [he provisions of dm Ad or rules, regulations or orders made therefore under 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 ³[Commissioner] and shall be bound to follow such orders as the ³[Commissioner] may, from time to lime make.
Delegation	10. (1) The ¹(State) Government may delegate any of the powers exercisable by it under this Act to the ³[Commissioner] or such other officers as it deems fit. (2) Subject to the control and direction of the ¹[State] Government the powers conferred on the ³[Commissioner] or any other officer appointed or invested with powers under this Act may be delegated by him to any of his subordinates.
	1. This wont was substitutes for the word "¹[Provincial]" by the Adaptation of Laws Order, 1950. 2. These words were inserted, by Bom. 22 of 1960 s 6(b) and (c). 3. This word was substituted for the word "Director" by Mah. 52 of 1973 s. 3, Sch.