Gujarat Prohibition Act, 1949.

Chapter 11

MISCELLANEOUS

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Section 139

General powers of state.

General powers of ¹[state].

²[(1)] Notwithstanding anything contained in this Act or the rules made thereunder, the ¹[State] Government may, by general or special order,—

(a) prohibit the grant of any kind of licences, permits, passes or authorizations throughout the ³[State] or in any area ;
(b) regulate the import, export, transport, possession, sale, purchase, consumption or use of any intoxicant, hemp, mhowra flowers, molasses or any article which is likely to be used for the manufacture of an intoxicant with or without licence, permit, pass or authorization throughout the ³[State] or within the limits of any local area subject to such conditions ⁴[as it may impose];
⁵[(c) exempt any person or institution or any class of persons or institutions from all or any of the provisions of this Act or from all or any of the rules, regulations or orders made thereunder or from all or any of the conditions of any licence, permit, pass or authorization granted thereunder, subject to such conditions as it may impose;
(d) exempt any intoxicant or class of intoxicants, denatured spirituous preparation, hemp, mhowra flowers or molasses from all or any of the provisions of this Act or from all or any of the rules, regulations or orders made thereunder, subject to such conditions as it may impose ;
(d1) remit or refund wholly or partially any fee in respect of any privilege, licence, permit, pass or authorization granted under this Act or any duty on toddy producing trees or any excise or countervailing duty or fee leviable under this Act on any intoxicant, hemp, mhowra flowers or molasses from any person or institution or from a class of persons or institutions or exempt any person or institution or class of persons or institutions from the payment of such duty or fee, subject to such conditions as it may impose;]
(e) prescribe the maximum number of licences, permits, passes or authorizations of any kind which may be granted in any area or to any class of persons ;
(f) prescribe the number of places at which any intoxicant specified in such order, ⁶[denatured spirituous preparation], hemp, mhowra flowers or molasses may be sold in any area, the location of such places in any area, the days and hours during which such places may or may not be kept open, the number of such places in respect of which licences for sale may be granted and the number of such places which may be ⁷[ managed by the State Government departmentally;]
(g) direct that no licence, permit, pass or authorization of the kind specified in such order shall be granted without the previous approval of the ¹[State] Government or also direct any additions or alterations to be made to or in the conditions subjects to which under any other provisions of this Act, such licence, permit, pass or athorization can be granted;
(h) prescribe the maximum quantity of any intoxicant, ⁸[denatured spirituous preparation], hemp, mhowra flowers or molasses which may be sold in any area or at any place ;
⁹[(i) prescribe in respect of any place or area, the maximum number of toddy producing trees for tapping which or for drawing toddy from which licence or licences may be granted;]
¹⁰[(j) prescribe the procedure for the disposal of any shop or shops authorised to sell any intoxicant, denatured spirituous preparation, hemp, mhowra flowers or molasses under this Act and the procedure to be followed before granting any licence or licences;]
(k) direct that before granting licences, auctions may be held, tenders called for or offers received and that licences shall be granted ¹¹[subject to such conditions as may be prescribed] to persons whose bids, tenders or offers are accepted by the Collector;
(l) specify the persons or class of persons ¹²[to whom licences may or may not be granted] and in cases in which auctions are held, the person or classes of persons who may or may not be peimitted to offer bids at such auctions;
(rn) direct that licences of the kind specified in such order shall be granted to persons specified in such order ; and
(n) issue such other instructions in any matter pertaining to the grant or otherwise of licences, permits passes or authorizations under this Act, as the ¹[State] Government may deem proper.

¹³[(2) An order made under sub-section (1) shall, if it is of a general nature or affecting a class of persons, be notified in the Official Gazette.]

Footnote

This word was substituted for the word “Provincial” by the Adaptation of Laws Orders, 1950.
Section 139 was renumbered as sub-section (1), ibid., s. 91 (1).
This word was substiuted for the words “Pre-reorganisation State of Bombay, excluding the transferred territories” by Bom. 12 of 1959, s.3 .
These words were substituted for the words “and for such periods as it deems fit” by Bom. 22 of 1960, s. 91 (1) (a).
Clauses (c), (d) and (dl) were substituted for clauses (c) and (d), ibid., s. 91 (l) (b).
These words were inserted, ibid., s. 91(1) (c) (i).
These words were substituted for the words “managed by the Excise Department” ibid., s. 91 (l) (c) (ii).
These words were inserted by Bom. 22 of 1960, s. 91(1) (d).
Clause (i) was substituted, ibid., s. 91 (1) (e).
This clause was substituted, ibid., s. 91 (1) (f).
These words were inserted by Bom. 22 of 1960, s. 91 (1) (g).
These words were substituted for the words “to whom licences may not be granted, ibid., s. 91(1)(h).
This sub-section was added by Bom. 22 of 1960 s. 91 (2).

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