Power to make rules.- (1) The provincial Government may make rules for the purpose of carrying into effect th… — APPENDIX 11 THE BIHAR PROHIBITION ACT, 1938. (Bihar Act VI of 1938)

Power to make rules.- (1) The provincial Government may make rules for the purpose of carrying into effect the provisions of this Act.

44. Power to make rules.- (1) The provincial Government may make rules for the purpose of carrying into effect the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing provision, the Provincial Government may make rules- (a) For the issue and cancellation of licences and permits and the enforcement of the conditions thereof and the fees to be paid for such licences and permits; (b) prescribing the powers to be exercised and the duties to be performed by paid and honorary prohibition authorities in furtherance of the objects of this Act, the area in which such powers and duties shall be exercised and performed, the conditions of service of such authorities and their relation with each other; [303 Appendices (c) determining the local jurisdiction of Police Officers and Prohibition authorities in regard to inquiries and the exercise of preventive and investigating powers; (d) authorizing any officer or person to exercise any power or perform duty under this Act; (e) prescribing the powers and duties of prohibition committees and the members thereof and intervals at which the members of such committees shall make their reports; (f) regulating the delegation by the Prohibition Commissioner or by Collectors or other District Officers of any powers conferred on them by or under this Act; (g) prescribing the manner in which receptacles, into which talras may be drawn or kept, shall be treated so as to prevent fermentation; (h) regulating the cultivation of the hemp plant, the collection of those portions of such plant from which intoxicating drugs can be manufactured and the manufacture of such drugs there from; (i) declaring how denatured spirit shall be manufactured and what substances shall be deemed to be denaturants; (j) declaring by what authorities orders passed by any prohibition authority other than the Prohibition Commissioner may, be revised and prescribing the time and manner of presenting applications for revision under section 7, and the procedure for dealing therewith; (k) for the grant of travelling and other allowances to witnesses, and of compensation for loss of time to persons who are arrested and released on the ground that they have been improperly arrested and to persons charged before a Magistrate with offences under this Act and acquitted; (l) for the disposal of articles confiscated and of the proceeds thereof; and (m) prescribing the quantity and the extent to which and the conditions under which wine may be brewed, possessed or used for the purposes of section 34. Effect of rules on publication.- All rules made under this Act shall be published in the Bihar Gazette and, upon such publication, shall have effect as if enacted under this Act. CHAPTER VII Legal Proceedings Actions against the Crown, etc.- No action shall lie against the Crown or against any Prohibition authority or Prohibition Committee, or against any Police or other Officer, for damages in any Civil Court for act in good faith done or ordered to be done in pursuance of this Act.

Section 44