APEA Section 72 : Power to Make Rules
Act
Summary
Section 72 of the Andhra Pradesh Excise Act, 1968 grants the government the authority to create rules for the effective implementation of the Act. This section outlines specific areas for rule-making, including the powers of excise officers, delegation of authority, and regulation of intoxicants. It also covers the procedures for appeals and the issuance of licenses for the sale of intoxicants.
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Explanation using Example
Example 1: Licensing for Retail Sale of Intoxicants
Introduction: Ravi owns a small shop in a rural area of Andhra Pradesh and wants to sell local toddy. He needs to understand the licensing requirements under the Andhra Pradesh Excise Act, 1968.
Application: According to Section 72(2)(e) of the Andhra Pradesh Excise Act, 1968, the government can regulate the periods and localities where licenses for the sale of intoxicants are granted. Ravi must apply for a retail license, ensuring he meets the criteria set by the local excise department.
Outcome: If Ravi complies with the licensing rules, he can legally sell toddy. Non-compliance could result in fines or legal action under the penalty clauses of the Act. He must also adhere to any specific conditions, such as operating hours and age restrictions for buyers.
Conclusion: By understanding and following the licensing rules, Ravi can operate his business legally and avoid penalties.
Example 2: Regulation of Neera Drawing and Sale
Introduction: Sita is a farmer who wants to start a business selling neera, a non-alcoholic beverage tapped from palm trees.
Application: Section 72(2)(d)(iv) allows the government to regulate the drawing and sale of neera. Sita must follow the rules regarding tapping methods, storage, and sale locations. She needs to ensure her practices comply with the regulations t...
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