Maharashtra Excise Manual
Page 1106 of 1109

16. Exemption

16. Exemption

The State Government may, be notification in the Official Gazette, exempt either wholly or partially any area or any person or any class of persons from all or any of provisions of this Act or any of the rules or orders made there under subject to such condition as may be specified in notification.

17. Power of State Government to call for and examine records of proceedings

The State Government may call for and examine the record of any proceeding before any officer exercising powers or discharging duties under this Act including those relating to the grant or refusal of a licence or permit under an order made under this Act for the purpose of satisfying itself as to the correctness, legality or propriety of any order passed in, and as to the regularity of such proceedings and may either annul, reverse, modify or confirm such order or pass such other order as it may deem fit.

18. Officers and persons acting under the Act to be public servants

All Officers, Inspectors and persons empowered to exercise any powers 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.

19. Bar of proceedings

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

20. Power to make rules

  1. The State Government may, subject to the condition of previous publication, make rule to carry out the purpose of this Act.
  2. In particular and without prejudice to the generality of the foregoing powers, such rules may—
    1. prescribe the specification and tests in respect of the purity of molasses,
    2. prescribe the other functions of the Molasses Board the procedure for the conduct of its business and the performance of its functions.

1 For Statement of Objects and Reasons, see Bombay Government Gazette Extraordinary, 1950 Part V, p. 84.

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The Act was extended to that part of the State of Bombay to which immediately before the commencement of Bom. 64 of 1958, it did not extend (vide Bom. 64 of 1958, s. 2).

This indicates the date of commencement of Act.

Section 9 of Mah. 5 of 1981 reads as under.