Bare Acts
THE BOMBAY PROHIBITION ACT, 1949
Preamble 1 - THE BOMBAY PROHIBITION ACT, 1949
THE BOMBAY PROHIBITION ACT, 1949 [Bombay Act, No. XXXV Of 1949]1
PREAMBLE
An Act to amend and consolidate the law relating to the promotion and enforcement of and carrying into effect the policy of Prohibition and also the Abkari law in the2[State] of Bombay
WHEREAS it is expedient to amend and consolidate the law relating to the promotion and enforcement of and carrying into effect the policy of Prohibition; and whereas it is a]so necessary to amend and consolidate the Abkari law in the2[State] of Bombay for the said purpose and to provide for certain other purposes hereinafter appearing: It is hereby enacted as follows:-
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1. For Statement of Objects and Reasons see Bombay Government Gazette, 1948, Pt.v p. 655. 2. This word was Substituted for the word "Province" by Bom. 12 of 1959. Section 4.
Chapter 1 - PRELIMINARY
Chapter 1 PRELIMINARY
Section 1 - Short Title, Extent and Commencement
(1) This Act may be cited as The Bombay Prohibition Act, 1949. 1[(2) It extends to the whole of the2[State of Maharashtra].
3[(3) It shall come into force4[in the area comprising the pre-Reorganisation State of Bombay] on such date as the5[State] Government may by notification in the Official Gazette6[specify].
In those areas of the State to which it is extended by the Bombay Prohibition (Extension and Amendment) Act, 1959 (Bom XII of 1995) it shall come into force on such other date as that Government may, by like notification, appoint:
Provided that having regard to the nature of the outstill area of the Chanda District, the general backwardness of the people residing therein, and the necessity of preparing an adequate background before the introduction of prohibition therein, the State Government may, if it thinks fit, fix a different date for bringing the Act into force in that area.
Explanation.-In this Sub-section the expression "outstill area of the Chanda District" means the areas of the Chanda District specified in Schedule 1-A).
7[(4) On the commencement of this Act in the manner provided in Sub-section (3) in any area to which this Act is extended by the Bombay Prohibition (Extension and Amendment) Act, 1959 (Bom
XII of 1959) all rules, regulations, orders and notifications made or issued or deemed to be made or issued under this Act and in force in the pre-reorganisation State of Bombay excluding the transferred territories immediately before such commencement, shall also extend to, and be in force in that area.]
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1. This Sub-section was Substituted for the original, Bom. 112 of 1954 s. 5(a).
2. These words were Substituted forthewords"State ofBombay" by the Maharashtra Adaptation of Laws (Slate and Concurrent Subjects) Order, 1960.
3. Sub-section (3) shall stand unmodified vide the Maharashtra Adaptation of Laws (State and Concurrent Subject) Order, 1960.
4. These words were inserted by Bom. 12 of 1959, s. 5(b)(i).
5. This word was Substituted for the word "Province" by the Adaptation of Laws Order, 1950. 6. This portion was Substituted for the word "specify" by Bom. 12 of 1959, s. 5(b)(ii).
7. This Sub-section was added by Bom. 12 of 1959, s.5(c).
Section 2 - Definitions
In this Act, unless there is anything repugnant in the Subject or context,-
(1) "authorisation" means an authorization granted under section 45 for the use of liquor for sacramental purposes;
(2) "to bottle" with its various grammatical variations, means to transfer any article from a cask or other vessel to a bottle, jar, flask pot or similar receptacle for the purpose of sale, whether any process of manufacture be employed or not; bottling includes re-bottling;
1 [***]
2 [(4) "Collector" includes an officer appointed by the State Government to exercise all or any of the powers and
to perform all or any of the duties or functions of a Collector under this Act;
3 [(5) "Commissioner" means an officer appointed as the Commissioner of Prohibition and Excise under section 3 of this Act and includes any officer on whom the State Government may confer all or any of the powers of the Commissioner under this Act;]]
(6) "Committee 4 [orboard]" means 5 [a committee or board]appointedbythe 6 [State] Government under section 7;
(7) "Common drinking house" means a place where the drinking of liquor or consumption of any intoxicating drug is allowed for the profit or gain of the person owning, occupying, using keeping or having the care of management or control of such place whether by way of charge for the use of the place or for drinking facilities provided, or otherwise howsoever and includes the premises of a club or any other place which is habitually used for the purpose of drinking liquor or consuming any intoxicating drug by more than one person without a licence granted under this Act;
(8) "country liquor" includes all liquor produced or manufactured in India:
7 [(9) "cultivation" means raising a plant from seed and includes the tending or protecting of a plant during its growth;)
(10) "denatured" means Subjected to a process prescribed for the purpose of rendering unfit for human consumption;
8 [(10a) "denatured spirituous preparation" means any preparation made with denatured spirit 9 [or denatured alcohol] and includes lacquers. French Polish and varnish prepared out of such spirit or alcohol;]
10 [***]
(12) "to drink" with its grammatical variations means to drink liquor or to consume any intoxicating drug; (13) ''excisable article" means-
(a) any alcoholic liquor for human consumption;
(b) an intoxicating drug 11 [or hemp]; (c) opium;
12 [(d)other narcotic drugs and narcotics which the State Government may, by notification in the Official Gazette, declare to be an excisable article);
(14) "excise duty" and "countervailing duty" means such excise duty or countervailing duty, as the case may be, as is mentioned in 13 (entry 51 in List II in the Seventh Schedule to the Constitution];
(15) "excise revenue" means revenue derived or derivable from any duty, fee, tax fine [other than a fine imposed by a court of law) or confiscation or forfeiture imposed or ordered under the provisions of this Act, or of any other law for the time being in force relating to intoxicants;
(16) "export" (except in section 147) means to take out of the 14 [State] otherwise than across a customs frontier. 15 ***;
(17) "foreign liquor" 16 [means all liquor produced or manufactured outside India:]
Provided that the 14 [State] Government may, by notification in the Official Gazette, declare that any
specified description of country liquor shall, for the purposes of this Act, be deemed to be foreign liquor; (18) "hemp" means any variety of the Indian hemp plant from which intoxicating drugs can be produced; (19) "hotel licence" means a licence granted under section 35:
17 [(19a) ''household" means a group of persons residing and messing jointly as members of one domestic unit, but does not include their servants;]
(20) "import" (except in section 147) means to bring into the 14 [State] otherwise than across a customs frontier. 18 *** *** ***;
(21) "interim permit" means a permit granted under section 47;
(22) "intoxicant" means any liquor, intoxicating drug, opium or any other Substance, which the 6 [State] Government may, by notification in the Official Gazette, declare to be an-intoxicant:
(23) "intoxicating drugs" means-
(a) the leaves, small stalks and flowering or fruiting tops of the Indian hemp plant (Cannabis Sativa L.) including all forms known as bhang,sidhi or ganja;
(b) charas, that is, the resin obtained from the Indian hemp plant, which has not been Submitted to any manipulations other than those necessary for packing and transport:
(c) any mixture with or without neutral materials of any of the above forms of intoxicating drug, or any drink prepared therefrom: 19 [***]
20 [(d)any other intoxicating or narcotic drug or Substance together with every preparation or admixture of the same which the State Government may by notification in the Official Gazette, declare to be an intoxicating drug for the purposes of the Act, such drug, Substance, preparation or admixture, not being opium, coca leaf or a manufactured drug as defined in section 2 of the Dangerous Drugs Act, 1930 (II of 1930);]
(24) "liquor" includes-
(a) 21 [spirits], 22 [denatured spirits], wine, beer, toddy and all liquids consisting of or containing alcohol; and
(b) any other intoxicating Substance which the 6 [State] Government may, by notification in the Official Gazette, declare to be liquor for the purposes of this Act;
(25) "manufacture'' includes-
(a) even process whether natural or artificial by which any liquor or intoxicating drug is produced, prepared
or blended and also re-distillation and every process for the 23 [rectification, flavouring, or colouring of liquor or intoxicating drug] but does not include flavouring, blending or colouring of liquor or intoxicating drug lawfully possessed for private consumption; and
(b)every process of producing and drawing of toddy from trees;
(26) "Medical Board" means a board constituted under section 8;
(27) "mhowra flower" does not include the berry or seed of the mhowra tree;
(28) "molasses" means the heavy, dark coloured 24 [viscous liquid produced] in the final stage of the manufacture of gur or sugar containing, in solution or suspension, sugars which can be fermented, 25 [and includes the solid form of such liquid and also any product formed by the addition to such liquid or solid of any ingredient which does not Substantially alter the character of such liquid or solid;] 26 [and shall also include Substances containing
sugars obtained from sugarcane known as black gur (jaggery). Rotten gur (jaggery), rab or rotton rab, which contain, irrespective of their colour -
(i) total sugars (expressed as invert sugar) less than 90 per cent and sucrose less than 60 per cent; or (ii) extraneous matter insoluble in water more than 2 percent; or
(iii) total ash more than 6 per cent; or
(iv) ash insoluble in Hydrochloric acid (HCL) more than 0.5 per cent; or
(v) more than 10 per cent of moisture; or
(vi) Sulphur dioxide in concentration exceeding 70 parts per million;] but does not include any article which the 6 [State] Government may, by notification in the Official Gazette, declare not to be molasses, for the purposes of this Act;
(29) "Officer in charge of a Police Station" includes-
(a) in the Greater Bombay the Officer in charge of a police station as provided - under the provisions of the
27 [Bombay Police Act, 1951 (Bom. XXII of 1951); and]
(b) elsewhere the officer in charge of a police station as defined in the 28 Code of Criminal Procedure, 1898
(V of 1898); (30) "opium" means-
(a) thecapsules of the poppy (Papaver Somniforum L),29 [whether in their original form or cut, or crushed or powdered and whether or not the juice has been extracted therefrom];
(b) the spontaneously coagulated juice of such capsules which has not been Submitted to any manipulation other than those necessary for packing and transport; and
(c) any mixture with or without neutral materials of any of the above forms of opium;
but does not include any preparations containing not more than 0.2 per cent, of morphine, or a manufactured drug as defined in section 2 of the Dangerous Drugs Act, 1930 (II of 1930).
30 [***]
(32) "permit" means a permit granted under 31 [the provisions of this Act] and the expression "permit holder"
shall be construed accordingly;
(33) "police station" means in the Greater Bombay a police section as provided under the provisions of the 27 [Bombay Police Act, 1951 (Bom XXII of 1951)]; and elsewhere any place declared to be a police station for the
purposes of the 28 Code of Criminal Procedure, 1898 (V of 1898);
(34) "prescribed" means prescribed by the rules, orders or regulations under this Act;
(35) "Prohibition officer" includes the 32 [Commissioner], Collector or any officer or person appointed to
exercise any of the powers or to perform any of the duties and functions under the provisions of this Act 33 [and also includes any officer or person invested with any such powers and on whom any such functions or duties are imposed, and any member of a committee, board or medical board;]
34 [(36) "State" means the 35 [State of Maharashtra] including the space within the limits of the territorial waters appertaining to it;]
36 [(37) "rectification" includes every process whereby liquor is purified or refined;]
37 [(38) "registered medical practitioner" means a person who is entitled to practise any system of medicine in the State under any law for the time being in force relating to medical practitioners, and includes registered dentists as defined in the Dentists Act, 1948 (XVI of 1948) and a veterinary practitioner registered under the Bombay Veterinary Practitioners Act, 1953 (LXVIII of 1953) or under any law corresponding thereto in any part of the State;]
(39) "regulations" means regulations made under this Act; (40) "rules" means rules made under this Act;
(41) "sell" with its grammatical variations includes-
(a) any transfer whether such transfer is for any consideration or not,
(b) any supply or distribution for mutual accommodation, and
(c) any supply by a club to its members on payment of price or of any fees or Subscription, but does not include selling of opium for export across the customs frontier; 38 [***]
The word "buy" with its grammatical variations shall be construed accordingly; 39 [***]
(43) "spirit" means any liquor containing alcohol and obtained by distillation (whether it is denatured or not)
(44) "sweet toddy or nira or neera" means unfermented juice drawn from a coconut, brab, date or any kind of palm tree into receptacles treated in the prescribed manner so as to prevent fermentation;
40 [(45) 'territorial waters' with reference to the State, means any part of the open sea within a distance of six nautical miles measured from the appropriate base line according to the President's Proclamation published in this behalf in the Government of India, Ministry of External Affairs, Notification No. SRO-669, dated the 22nd March 1956, or such other distance as may be fixed from time to time by the President hereafter;]
(46) "toddy" means fermented or unfermented juice drawn from a coconut, brab, date or any kind of palm tree and includes sweet toddy or nira or neera
(47) "to tap" means to prepare any part of a, tree, or to use any means, for the purpose of causing juice to exude from the tree;
41 [(47A) 'tourist' means a person who is not a citizen of India and who is either born or brought up or domiciled in any country outside India, but who visits India on a tour for a temporary period;
(47B) 'tourists permit' means a permit granted under section 46-A;]
(48) "trade and import licence" means a licence granted under section 33;
(49) "transport" means to move from one place to another within the 14 [State]; (50) "vendor's licence" means a licence granted under section 34;
(51) "visitor's permit" means a permit granted under section 46;
42 [(52) any reference to the 28 Code of Criminal Procedure, 1898 (V. of 1998) the 43 Bombay Village Panchayats Act, 1933, (Bom. VI of 1933), or the Bombay Police Act, 1951, (Bom. XXII of 1951), Includes a reference to any law corresponding to those Acts, respectively, in force in any part of the State.]
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1. Clause (3) was deleted by Bom. 2 of 1960, s.2(a).
2. Clauses (4) and (5) were Substituted for the original by Bom. 12 of 1959, s.6(a).
3. Clause (5) was Substituted by Man. 52 of 1973, s.3-Sch.
4. These words were inserted by Bom. 22 of 1960, s.2(b).
5. These words were Substituted for the words, "any of the committees", Bom. 22 of 1960, s.2(b).
6. This word was Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
*. Sub-section (4) shall stand unmodified vide the Maharashtra Adaptation of Laws (State and Concurrent Subject) Order, 1960. 7. This clause was Substituted for the original by Bom. 22 of 1960, s.2(c).
8. Clause (10a) was inserted by Bom. 36 of 1954, s.2.
9. These words were Substituted for the words "or alcohol" by Bom. 22 of 1960, s.2(d).
10. Clause (11) was deleted, Bom. 22 of 1960, 2(e).
11. These words were added, Bom. 22 of 1960, s.2(f).
12. This was Substituted, for clauses (d) and (e), Bom. 22 of 1960.
13. This portion Substituted for the portion "Item 40 in List II in the Seventh Schedule to the Government of India Act, 1935" by the Adaptation of Laws Order, 1950.
14. This word was Substituted for the word "pre-reorganisation State of Bombay, excluding the transferred territories" by Bom. 12 of 1959, s.3. 15. The words ''as defined by the Dominion Government" were deleted by Bom. 26 of 1952, s.2.
16. These words were Substituted for the words "includes all liquor brought into India by sea, air or land" by Bom. 22 of 1960, s.2(g).
17. This clause was inserted by Bom. 22of 1960, s.2(h).
18. The words ''as defined by the Dominion Government" were deleted by Bom. 26 of 1952, s.2(i). 19. The word "and" was deleted by Bom. 26 of 1952. s.2(2).
20. Clause (d) was Substituted for the original clause with the proviso, Bom. 26 of 1952. s.2(2). 21. This word was Substituted for the words "spirits of wine" by Bom. 22 of 1960, s.2(i).
22. These words were Substituted for the words "methylated spirits" by Bom. 26 of 1952, s.2(2).
23. These words were Substituted for the words "rectification of liquor" by Bom. 22 of 1960, s. 2(j)-
24. These words were Substituted "for the words "residual syrup drained away". Bom. 22 of 1.960 s. 2(k).
25. These words were Substituted for the words beginning with the words "and includes" and ending with the words "alter the character of such syrup" Bom. 22 of 1960.
26. Inserted by Man. Act No. XXXV of 2000.
27. These words and figures were Substituted for the words and figures "City of Bombay Police Act, 1902" by Bom. 12 of 1959, s. 6 (b).
28. See now the Code of Criminal Procedure, 1973 (2 of 1974).
29. These words were addedby Bom. 22 of 1960, s. 2 (i).
30. Clause (31) was deleted by Bom. 22 of 1960, s. 2 (m).
31. These words were Substituted for the words and figures "Sections 40, 41, 46 or 47" by Bom. 26 of 1952, s. 2(4).
32. This word was Substituted for the words "Director" by Mah. 52 of 1973, s.3 sch.
33. These words were Substituted for the words "and also includes any member of a committee or the Medical Board" by Bom. 22 of 1960, s. 2 (n).
34. This clause was Substituted by Bom. 12 of 1969, s. 6(c).
35. These words were Substitutedforthewords"Stateof Bombay" bythe Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
36. This clause was Substituted for the original by Bom. 22 of 1960, s. 2(a).
37. This clause was Substituted for the original by Bom. 12 of 1959, s. 6 (b).
38. The words "as deemed by the Dominion Government" were deleted by Bom. 26 of 1952, s.2(1). * See now the Maharashtra Veterinary Practitioners Act, 1971 (Mah. XLIV of 1971).
39. Clause (42) was deleted by Bom. 22 of 1960, s. 2 (p).
40. This clause was Substituted for the original by Bom. 12 of 1959 s. 6(e).
41. Clause (47A) and (47B) were inserted by Bom. 20 of 1955, s. 2.
42. This clause was added by Bom. 12 of 1959, s. 6(j).
43. See now the Bombay Village Panchayats Act, 1958 (Bom. 3 of 1959). Chapter 2 - ESTABLISHMENT
Chapter 2 ESTABLISHMENT
Section 3 - Commissioner of Prohibition and Excise
3. 1 [Commissioner] of Prohibition andExcise
The 2 [State] Government may, by notification in the Official Gazette, appoint anofficer to be called the 3 [Commissioner of Prohibition and Excise], whoSubjectto the control of the 2 [State] Government and Subject to such
general orspecial orders as the 2 [State] Government may from time to time make, shallexercise such powers and shall perform such duties and such functions as areconferred upon, by or under the provisions of this Act and shall superintendthe administration and carry out generally the provisions of this Act:
4 [Provided that, the person holding the office ofDirector of Prohibition and Excise immediately before the commencement of theMaharashtra Director of Prohibition and Excise (Change in Designation) Act,1973 (Mah. LII of 1973), shall be the Commissioner of Prohibition and Excisefor the State and shall hold that Office until the State Government otherwisedirects].
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1.Thisword was Substituted for the word "Director", by Mah. 52 of 1973.
2.Thisword was Substituted for the word "Provincial" by the Adaptation ofLaws Order, 1950,
3.Thesewords were Substituted for the words "Director of Prohibition andExcise" by Mah. 52 of 1973, s. 3, Sch.
4. This proviso was Substituted by Mah. 52 of 1973,s. 3 Sch.
Section 4 - Collectors
(1) The Collectors shall, within the limits of their jurisdiction1[***] 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 the2[Commissioner].
(3) The3[State] Government may, by notification in the Official Gazette, appoint any person other than the Collector4[***] to exercise in any district or place5[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 the2[Commissioner] and of the3[State] Government as the3[State] Government may from time to time direct.
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1. 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).
2. This word was Substituted for the word "Director" by Mah. 52 of 1973, s. 3, Sch.
3. This word was Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
4. The words "of land revenue" were deleted by Bom. 12 of 1959, s. 8 (b)(i).
5. These words were Substituted for the words "all the powers and perform all the duties", Bom. 12 of 1959, s. 8(b)(ii).
Section 5 - Subordinate officers
To aid the1[Commissioner], and the Collectors in carrying out the provisions of this Act, the2[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.
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1. This word was Substituted for the word "Director" by Mah. 52 of 1973, s. 3, Sch.
2. This word was Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
Section 6 - Investing officers of Police and other departments with powers and duties under this Act
6. Investing officers of1[Police and] other departments with powers and duties under this Act.
(1) The2[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) The2[State] Government may also invest any person3[***] 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 designations as the2[State] Government may deem fit.
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1. These words were inserted by Bom. 22 of 1960, s. 3 (b).
2. This word was Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
3. The words "working in an honorary capacity or otherwise" were deleted by Bom. 22 of 1960, s. 3(a).
Section 6A - Board of Experts
1[6A. Board of Experts
2[(1)3[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
(c) any flavouring extract, essence or syrup containing alcohol,
4[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
than5[five in number], with such qualifications as may be prescribed. The members so appointed shall hold office during the pleasure of the State Government.
(5)6[Three members] shall form a quorum for the disposal of the business of the Board. (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 State Government has determined as aforesaid any article mentioned in Sub-section (1) to be fit for use as intoxicating liquor, every such article shall be deemed to be unfit for such use.]
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1. Section 6A was inserted by Bom. 26 of 1952, s. 3.
2. Sub-section (1) was Substituted for the original by Bom. 36 of 1954, s. 3(i).
3. These words were Substituted for the words "for the purpose of determining" by Bom. 22 of 1960, s 4(a).
4. 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 Board of Experts" by Bom. 22 of 1960.
5. These words were Substituted for the words, "three in number"Bom. 22 of 1960, s. 4(b), 6. These words were Substituted for the words "Two members",Bom. 22 of 1960, s. 4 (c). 7. Sub-section (6) was Substituted for the original, by Bom. 22 of 1960, s. 4 (d).
8. Sub-section (7) was added, Bom. 22 of 1960, s. 4(e).
Section 7 - Other Boards and Committees
1[Other Boards and Committees]
(1) The2[State] Government may appoint1[other boards and committees] to advise and assist
officers in carrying out the provisions of this Act.
(2) Such1[other boards and committees] shall perform such functions3[as may be prescribed.]
(3) The constitution of such1[other boards and committees] and the procedure regarding their work shall be as may be prescribed;
(4) The2[State] Government may direct that the members of such1[other boards and committees] shall be paid such fees and allowances as may be prescribed,
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1. These words were Substituted for the word "committees", by Bom. 22 of 1960, s. 5(a).
2. This word was Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
3. These words were Substituted for the words "as are provided by or under the provisions of this Act", the Adaptation of Laws Order, 1950., s. 5(d).
Section 8 - Medical Boards
(1) The1[State] Government may constitute one or more medical boards2[or panels thereof] for such areas and consisting of such members as it may deem fit;
(2) A medical board3[or a panel thereof] so constituted shall perform such functions4[as are prescribed];
(3) The procedure regarding the work of the medical board3[or a panel thereof] shall be as may be prescribed.
(4) The members of the medical board3[or a panel thereof] shall be entitled to such fees and allowances as may be prescribed.
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1. This word was Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
2. These words were inserted, the Adaptation of Laws Order, 1950., s. 6(a)
3. These words were inserted, the Adaptation of Laws Order, 1950., s. 6(b) and (c).
4. These words were Substituted for the words "as are provided by or under this Act" , the Adaptation of Laws Order, 1950.,
Section 9 - Control of Commissioner over Prohibition Officers and other officers
9. Control of1[Commissioner] over Prohibition Officers and other officers
In exercise of their powers and in discharge of their duties and functions under the provisions of this Act or rules, regulations or orders made thereunder all Prohibition Officers and all officers including the officers of the Police and other departments shall, Subject to the general or special orders of the2[State] Government be Subordinate to and under the control of the1[Commissioner] and shall be bound to follow such orders as the1[Commissioner] may, from time to time make.
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1. This word was Substituted for the word "Director" by Mah. 52 of 1973, a. 3, Sch.
2. This word was Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. Section 10 - Delegation
(1) The1[State] Government may delegate any of the powers exercisable by it under this Act to the2[Commissioner] or such other officers as it deems fit.
(2) Subject to the control and direction of the1[State] Government the powers conferred on the2[Commissioner] or any other officer appointed or invested with powers under this Act may be delegated by him to any of his Subordinates.
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1. This word was Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. 2. This word was Substituted for the word "Director" by Mah. 52 of 1973, a. 3, Sch.
Chapter 3 - PROHIBITIONS
Chapter 3 PROHIBITIONS
Section 11 - Manufacture, etc. of Intoxicant to be permitted in accordance with provisions of Act, Rules etc.
Notwithstanding anything contained in the following provisions of this Chapter, it shall be lawful to import, export, transport, manufacture1[bottle], sell, buy, possess, use or consume any intoxicant or
hemp2[or to cultivate or collect hemp] or to tap any toddy-producing tree or permit such tree to be tapped or to draw toddy from such tree or 'permit toddy to be drawn therefrom in the manner and to
the extent provided by the provisions of this Act3[or] any rules, regulations or orders made or in accordance with the terms and conditions of a licence, permit, pass or authorization granted thereunder.
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1. This word was inserted by Bom. 22 of 1960, s. 7.
2. These words were inserted by Bom. 26 of 1952, s 4 (1).
3. This word was inserted. Bom. 26 of 1952 s. 4(2).
Section 11A - Power of Gram Sabha to enforce prohibition or to regulate or restrict the sale and consumption of any intoxicant
1[11-A. Power of Gram Sabha to enforce prohibition or to regulate or restrict the sale and consumption of any intoxicant
Notwithstanding anything contained in section 11 or any other provisions of this Act, in respect of any Scheduled Area falling within the jurisdiction of a Gram Sabha and a Panchayat or a Panchayat Samiti or a Zilla Parishad, as the case may be, it shall be competent for such Gram Sabha or a Panchayat and or the Panchayat Samiti or the Zilla Parishad to enforce prohibition or to regulate or to restrict the sale and consumption of intoxicant in Scheduled Areas within its jurisdiction:
Provided that, the decision taken by the majority of the Gram Sabhas concerned by passing a resolution in the above matter shall be binding on the concerned Panchayat Samiti or the Zilla Parishad, as the case may be.
Explanation,--For the purpose of this section,--
(i) the expression "Gram Sabha", "Panchayat" and "Scheduled Areas" shall have the meanings, respectively assigned to them in the Bombay Village Panchayats Act, 1958 (Bom. III of 1959);
(ii) the expression "Panchayat Samitis" and "Zilla Parishads" shall have the meanings respectively, assigned to them in the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 (Mah. V of 1962)."].
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1. Inserted by Mah. Act XLVI of 1997, Sec. 13 (w.e.f 29-12-1997)
Section 12 - Prohibition of Manufacture of Liquor and Construction and Working of Distillery of Brewery
No person shall-
(a) manufacture liquor
(b) construct or work any distillery or. brewery;
(c) import, export, transport or possess liquor; or
(d) sell or buy liquor.
Section 13 - Prohibition of sale, etc. of Liquor
No person shall-
(a) bottle any liquor for sale;
(b) consume or use liquor; or
(c) use, keep or have in his possession any materials, still utensils, implements or apparatus whatsoever for the manufacture of any liquor.
Section 14 - Prohibition of Export, Import, Transport, Sale, Manufacture, etc. of Intoxicating Drugs
No person shall-
(a) export, import, transport or possess any intoxicating drug;
(b) cultivate or collect the hemp1* *
(c) use keep or have in his possession any materials, still, utensils, implements or apparatus
whatsoever for the manufacture of any intoxicating drug; (d) sell or buy any intoxicating drug;
(e) consume or use any intoxicating drug; or
(f) manufacture any intoxicating drug. ______________________
1. The words "or extract any portion of such plant from which any intoxicating drug can be manufactured" were deleted by Bom. 22 of 1960, s. 8
Section 15 - Prohibition of Import, Export, Transport, Sale, etc. of Sweet Toddy
No person shall-
(a) import, export, transport or possess sweet toddy or nira;
(b) bottle sweet toddy or nira for sale; or
(c) sell or buy sweet toddy or nira.
Section 16 - Prohibition of tapping of Toddy
No person shall-
(a) tap any toddy-producing tree or permit to be tapped any toddy-producing tree belonging to him or in his possession; or
(b) draw toddy from any tree or permit toddy to be drawn from any tree belonging to him or in his possession.
Section 17 - Prohibition of Possession, etc., of Opium
No person shall- (a) possess opium;
(b) transport opium;
(c) import or export opium;
(d) sell or buy opium; or
(e) consume or use opium.
Section 18 - Prohibition of Sale to minors
18. Prohibition of Sale to1[minors]
No licensed vendor and no person in the employ of such licensed vendor or acting with the express or implied permission of such licensed vendor on his behalf shall sell or deliver any intoxicant2[to any personwho is a minor] whether for consumption by such person or by other person and whether for consumption on or off the premises of such licensed vendor.
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1. This word was Substituted for the word "children", by Bom. 22 of 1960, s. 9 (b).
2. These words were Substituted for the words "to any person apparently under the age of twenty-one years", by Bom. 22 of 1960, s. 9(a).
Section 19 - Prohibition of sale of toddy
19.1[Prohibition of sale of toddy] Deleted by Bom. 22 of 1960, s. 10. ____________________
1. Section 19 was deleted, Bom. 22 of 1960, s. 10.
Section 20 - Prohibition or Production, etc. of Charas
No person shall
(a)
Produce,
(f)
transport,
(b) manufacture, (g)
buy,
(c)
Possess
(h)
sell,
(d)
export,
(i)
consume, or (e)
Import,
(j)
use
Charas.
Section 21 - Alteration of Denatured Spirit
No person shall-
(a) alter or attempt to alter any denatured spirit by dilution with water or by any method whatsoever, with the intention that such spirit may be used for human consumption, whether as a bewerage or internally as a medicine or in any other way whatsoever; or
(b) have in his possession any denatured spirit in respect of which he knows or has reason to believe that such alteration or attempt has been made.
Section 21A - Alteration of Denatured Spirituous Preparation
1[21A. Alteration of Denatured Spirituous Preparation
No person shall-
(a) alter or attempt to alter any denatured spirituous preparation by dilution with water or by any method whatsoever, with the intention that such preparation may be used for human consumption as an intoxicating liquor; or
(b) have in his possession any denatured spirituous preparation in respect of which he knows or has reason to believe that such alteration or attempt has been made.]
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1. Section 21A was inserted by Bom. 36 of 1954, a. 4.
Section 22 - Prohibition of Allowing any Premises to be Used as Common Drinking House
No person shall-
(a) open or keep or use any place as a common drinking house; or
(b) have the care, management or control of, or in any manner assist in conducting the business of, any place opened, or kept or used as a common drinking house.
Section 22A - Prohibition of Issuing Prescriptions for Intoxicating Liquor Except by Registered Medical Practitioners
1[22A. Prohibition of Issuing Prescriptions for Intoxicating Liquor Except by Registered Medical Practitioners
(1) No person other than a registered medical practitioner, shall issue any prescription for any intoxicating liquor.
(2) No registered medical practitioner shall prescribe such intoxicating liquor, unless he believes in good faith after careful medical examination of the person for whose use such prescription is sought, that the use of such intoxicating liquor by such person is necessary, and will afford relief to him from some known ailment.
(3) A registered medical practitioner shall state, in every prescription for intoxicating liquor issued by him, the name and address of the person to whom issued, the date of issue, directions for use, and the amount and frequency of the dose, and shall preserve a copy of the prescription for one year from the date of issue. On the copy so preserved he shall state the purpose or ailment for which the intoxicating liquor is prescribed.]
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1. Section 22A was inserted by Bom. 22 of 1960, s. 11.
Section 23 - Prohibition of Soliciting Use Of Intoxicant or Hemp or doing any Act calculated to incite or encourage member of public to commit offence
23.1[Prohibition of Soliciting Use Of Intoxicant or Hemp or doing any Act calculated to incite or encourage member of public to commit offence]
No person shall-
(a)2[***] solicit the use of,3[or] offer any intoxicant or hemp; or
4[***]
(c) do any act which is calculated to incite or encourage any member of the public or a class of individuals or the public generally to commit any offence under this Act or to commit a breach of any rule, regulation or order made thereunder or the conditions of any licence, permit, pass or authorization granted thereunder.
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1. This marginal note was Substituted for the original, Bom. 22 of 1960, a 5 (3). 2. The word "commend" was deleted by Bom. 26 of 1952, s. 5 (1).
3. This word was inserted, Bom. 26 of 1952, s. 5 (1).
4. Clause (b) was deleted, Bom. 26 of 1952, s. 5(2).
Section 24 - Prohibition of Publication of Advertisements Relating to Intoxicant, etc.
(1) No person shall print or publish in any newspaper, news-sheet, book, leaflet, booklet or any other single or periodical publication or otherwise display or distribute any advertisement or other matter,-
(a) which1* solicits the use of or offers any intoxicant or hemp;
(b) which is calculated to encourage or incite any individual class or individuals or the public generally to commit an offence under this Act, or to commit a breach of or to evade the provisions of any rule, regulation or order made thereunder or the conditions of any licence, permit, pass or authorization granted, thereunder.
(2) Save as otherwise provided in Sub-section (3), nothing in this section shall apply to-
(a) catalogues or price lists which may be generally or specially approved by the2[Commissioner] in this behalf;
(b) any advertisement or other matter contained in any newspaper, news-sheet, book, leaflet, booklet or other publication printed and published outside the3[State];
(c) any advertisement or other matter contained in any newspaper printed, and published in
the3[State] before such date as the4[State] Government may by notification in the Official Gazette, specify; and
(d) any other advertisement or matter which the4[State] Government may, by notification in the Official Gazette, generally or specially exempt from the operation of this section.
(3) Notwithstanding anything contained in Sub-section (2), the4[State] Government may, by notification in the Official Gazette, prohibition within the State the circulation, distribution or sale of any newspapers, news-sheet, book, leaflet, booklet or other publication printed and published outside the3[State] which contains any advertisement or matter,-
(a) which5* solicits the use of or offers any intoxicant or hemp; or
(b) which is calculated to encourage or incite any individual or class of individuals or the public generally to commit any offence under this Act or to commit a breach of or to evade the provisions of any rule, regulation or order made thereunder, or the conditions of any licence, permit, pass or authorisation granted thereunder.
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1. The word "Commends" was deleted, Bom. 26 of 1952, s. 6.
2. This word was Substituted for the word "Director" by Mah. 52 of 1973; s. 3 Sch.
3. This word was Substituted for the words "Pre-Reorganisation State of Bombay including the transferred territories", by Bom. 12 of 1959, s. 3.
4. This word was Substituted for the words "Provincial" By the Adaptation of Laws Order, 1950. 5. The word commends was deleted by Bom. 26 of 1952 s. 5(2).
Section 24A - This Chapter Not to Apply to certain Articles
1[24A. This Chapter Not to Apply to2[certain Articles]
Nothing in this Chapter shall be deemed to apply to-
(1) any toilet preparation containing alcohol which is unfit for use as intoxicating liquor;
(2) any medicinal preparation containing alcohol which is unfit for use as intoxicating liquor;
3[(3) any antiseptic preparation or solution containing alcohol which is unfit for use as intoxicating liquor.
(4) any flavouring extract, essence or syrup containing alcohol which is unfit for use as intoxicating liquor:]
Provided that4[such article] corresponds with the description and limitations mentioned in section 59A:
Provided further that the purchase, possession or use of any liquor or alcohol for the manufacture of any4[such article] shall not be made or had except under a licence granted under section 31 A.]
5[Explanation.-Nothing in this section shall be construed to mean that any person may drink any toilet preparation, or antiseptic preparation or solution containing alcohol; and it is hereby provided that no person shall drink any such preparation.]
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1. Section 24A was inserted by Bom. 26 of 1952, s. 7.
2. These words were Substituted for the words "certain toilet and medicinal preparations" by Bom. 36 of 1954, s. 5 (iii).
3. Clauses (3) and (4) were inserted by Bom. 36 of 1954, s. 5(i).
4. These words were Substituted for the words "such preparation", Bom. 36 of 1954, s. 5 (ii). 5. This explanation was added by Bom. 22 of 1960, s. 12.
Chapter 4 - CONTROL, REGULATION AND EXEMPTIONS
Chapter 4 CONTROL, REGULATION AND EXEMPTIONS
Section 25 - Exemption of Preparations
The1[State] Government may by notification in the Official Gazette,, direct that any preparation containing alcohol not exceeding a specified percentage by volume shall be exempt from any of the provisions of this Act or rules, regulations or orders made thereunder.
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1. This word was Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. Section 26 - Distilleries and Ware
The1[State Government] may-
(a) establish a distillery in which spirit may be manufactured in accordance with a licence issued under this Act on such conditions as the2[State] Government deems fit to impose;
(b) discontinue any distillery established;
(c) license, on such conditions as the2[State] Government deems fit to impose, the construction and working of a distillery or brewery;
(d) establish or license a warehouse wherein any3[intoxicant], hemp, mhowra flowers or molasses may be deposited and kept without payment of duty; and
(e) discontinue any warehouse so established.
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1. These words were Substituted for the word "Director" by Bom. 22 of 1960, a. 13 (2).
2. This word was Substituted for the word "Provincial" By the Adaptation of Laws Order, 1950.
3. This word was Substituted for the words "liquor, intoxicating drug" by Bom. 22 of 1960, s. 13(1). Section 27 - Intoxicant or hemp not to be removed from Ware
27.1[Intoxicant] or hemp not to be removed from Ware-house, etc.
No2[intoxicant], hemp, mhowra flowers or molasses shall be removed from any distillery, warehouse or other place of storage established or licensed under this Act, except under a pass and unless the duty, if any, imposed under the provisions of this Act, has been paid or a bond has been executed for the payment thereof.
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1. This word was Substituted for the words "Intoxicating drug", Bom. 22 of 1960, s. 13 (3).
2. This word was Substituted for the words "liquor, intoxicating drug" by Bom. 22 of 1960, 13(1). Section 28 - Passes for Import, etc.
(1) The1[State] Government may, by general or special order, authorise a Collector or any other officer to grant passes for the import, export or transport of any2[intoxicant] or hemp.
(2) Such passes may be either general for definite periods of time and definite kinds of2[intoxicant] or hemp or special for specified occasions and particular consignments only.
(3) Every such pass shall specify-
(a) the name of the person authorised to import, export or transport2[intoxicant] or hemp; (b) the period for which the pass is to be in force;
(c) the quantity and description of2[intoxicant] or hemp for which it is granted.
(d) the places from and to which2[intoxicant] or hemp are to be imported, exported or transported
and in the case of places more than ten miles apart, the route by which they are to be conveyed. ____________________
1. This word was Substituted for the words "Provincial" By the Adaptation of Laws Order. 1950.
2. This word was Substituted for the words "liquor, intoxicating drug" by the Adaptation of Laws Order. 1950., 13(1).
Section 29 - Through Transport
1[29. Through Transport The through transport-
(a) of any consignment of any intoxicant,hemp,denaturedspirituous preparation, mhowra flowers or molasses by a railway administration or by any steamer, ferry, road transport or air service, or
(b) of any intoxicant, hemp, denatured spirituous preparation, mhowra flowers or molasses, otherwise than by way of consignment, shall be Subject to such conditions as may be prescribed.]
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1. This section was Substituted for the original by Bom. 22 of 1960, a. 14.
Section 30 - Licence for possession of denatured or rectified spirit and alcohol for industrial or medical purposes
[Deleted by Bom. 22 of 1960, s. 15]
Section 31 - Licences for bona fide medicinal or other purposes
1[31. Licences for bona fide medicinal or other purposes
The State Government may by rules or by an order in writing, authorise an officer to grant licences to any person, or institution whether under the management of Government or not, for the manufacture, sale, purchase, possession, consumption, or use of any intoxicant or hemp or any article containing an intoxicant or hemp for a bona fide medicinal, scientific, industrial or educational purpose:
Provided that, where any intoxicant or hemp, or article containing such intoxicant or hemp, has been obtained by any person for a bona fide medicinal purpose, from any person or institution licensed to sell the same under this section, it shall not be necessary for such person to obtain a licence for the possession, purchase, consumption or use thereof:
Provided further that, no licence shall be necessary for the possession of denatured spirit to the extent of such quantity as may be prescribed.]
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1. This section was Substituted for the original by Bom. 22 of 1960, s. 16.
Section 31A - Licences for purchase, etc., of Liquor for Manufacture of Articles Mentioned in Section 24A
1[31A. Licences for purchase, etc., of Liquor for Manufacture of2[Articles Mentioned in Section 24A.]
The State Government may, by rules or an order in writing, authorise an officer to grant licences for the purchase, possession or use of any liquor or alcohol for the manufacture of3[any article mentioned in section 24A], on such conditions as may be prescribed.]
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1. Section 31A was inserted by Bom. 26 of 1952, s.9.
2. These words were Substituted for the words "preparation referred to" Bom. 26 of 1952, s.6(ii).
3. These words were Substituted for the words, figure and letter "any preparation to which section 24A applies" by Bom.36 of 1954, s.6(i).
Section 32 - Licences for Tapping for Neera
32. Licences for Tapping for1[Neera]
The2[State] Government may authorise an officer by rules or an order in writing to grant licences for3[the tapping of,4(and drawing juice from), any palm trees for the purpose of sale or consumption
as neera or5[* * * manufacture of gur or any other article which is not an intoxicant6[and on a licence being granted the person to whom the trees belong, or who is in possession of such trees, may permit them to be tapped or permit toddy to be drawn therefrom.]
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1. This word was Substituted for the word "toddy" by Bom. 26 of 1952; s. 10(2).
2. This word was Substituted for the words "Provincial" By the Adaptation of Laws Order, 1950.
3. These words were Substituted for the words "the tapping of palmyra or date palm trees for juice intended to be used" by Bom. 26 of 1952, s. 10(1).
4. These words were Substituted for the words "ordrawing juice from" by Bom. 22 of 1960, s. 17(a). 5. The word "for the" were deleted, Bom. 22 of 1960, s.17(d).
6. This portion was added, Bom. 22 of 1960, s.17(c).
Section 33 - Trade and Import Licences
The1[State] Government may, by rules or an order in writing, authorise an officer to grant trade and import licences to persons intending to import and to sell by wholesale any2[foreign liquor].
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1. This word was Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
2. These words were Substituted for the words "liquor, intoxicating drug or hemp" by Bom. 22 of 1960, s. 18.
Section 34 - Vendor's Licences
(1) The 1 [State] Governmentmay, by rules or an order in writing, authorise an officer to grant a vendor'slicence 2 [for the sale of foreign liquor.]
(2) A vendor's licence shall be granted on thefollowing conditions :-
(i) the stock of foreignliquor with the licensee (except what is permitted for the disposal in theshop) shall be kept
by him at 3 [godown] approved by Government.
4 [***]
(iii)the licensee shall pay all rent, costs, charges and expenses incidentalto warehousing and supervision.
5 [(iv)the licensee may sell any part of the stock of foreign liquor to foreignliquor licensees or to chemists, canteens, messes and clubs, holding licencesin the State, or to any persons outside the State, Subject to such conditionsas the 6 [Commissioner] may impose;
(v)the licensee shall be permitted to sell foreign liquor only to holdersof permits or authorizations;]
(vi) the licensee shall be entitled to keep in hisshop such quantity of liquor as may be required by him from time to time forretail sale;
(vii)the licensee shall keep accounts and shall dispose of 7 [foreign liquor]according to such instructions as may be given by the 6 [Commissioner], or anyofficer authorized in this behalf by the 6 [Commissioner].
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1.This word was Substituted for the words "Provincial" By the Adaptationof Laws Order, 1950.
2.These words were added, By the Adaptation of Laws Order, 1950., s.19(a).
3.This word was Substituted for the word "warehouse" by Bom. 22 of 1960,s. 19(b)(i).
4.Clause (ii) was deleted, Bom. 22 of 1960, s19(b)(ii).
5.These clauses were Substituted for the original, Bom. 22 of 1960, s.19(b)(iii).
6.This word was Substituted for the word "Director" by Mah. 52 of 1973,s.3 Sch.
7.These words were Substituted for the words "the goods" Mah. 52 of1973, s. 19 (b)(iv).
Section 35 - Hotel licences
(1) The 1 [State] Government may,by rules or an order in writing, authorize an officer to grant licences to themanagers of hotels to sell foreign liquor to the holders of permits grantedunder this Act:
Provided that the 1 [State] Government is satisfiedthat such hotel has ordinarily a sufficient number of boarders eligible to holdpermits.
(2) Such licences shall be issued on the followingconditions:-
(i) liquor shall be sold2 [***] to the permit holders 3 [residing or boarding] at the hotel,
(ii)consumption of liquor sold shall not be allowed in any of the rooms ofthe hotel to which any member of the
public has access.
(iii)the holders of hotel licences shall pay the expenses of any officer ofthe excise establishment, if any, required for the grant and control of permits on the premises4 [or for the supervisionover the issue and consumption of foreign liquor in the hotel].
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1. Thesewords were Substituted for the words "liquor, intoxicating drug orhemp" by Bom. 22 of 1960, s. 18. 2.Thewords "in sealed bottles" were deleted, by Bom. 26 of 1952, s. 12(1).
3.Thesewords were Substituted for the word "residing",Bom. 26 of 1952, s. 12(2).
4. Thisportion was added by Bom. 22 of 1960, s. 20.
Section 36 - Special import Licences to hotels
Deleted by Bom. 22 of 1960, s. 21
Section 37 - Dining car licences
Deleted by Bom. 22 of 1960, s. 21.
Section 38 - Licences to Shipping Companies and to Masters of Ships
38. Licences to Shipping Companies1[and to Masters of Ships]
The2[State] Government may, by rules or an order in writing, authorize an officer to grant licences to any shipping company for each ship3[or to the Master of any ship] to sell foreign liquor4[and to permit the use or consumption of foreign liquor on such ship on such conditions as may be prescribed].
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1. These words were added,Bom. 22 of 1960, s. 14(3).
2. This word was Substituted for the words "Provincial" by the Adaptation of Laws Order, 1950.
3. These words were inserted by Bom. 26 of 1952, s. 14(1).
4. These words were Substituted for the words "on condition that such liquor shall be sold only to bona fide passengers on such ship", Bom. 26 of 1952, s.14(2).
Section 39 - Permission to Use or Consume Foreign Liquor on ** Warships, Troop Ships and in Messes and Canteens of Armed Forces
39. Permission to Use or Consume Foreign Liquor on1** Warships, Troop Ships and in2[Messes and Canteens of Armed Forces]
The3[State] Government may, on such conditions as may be specified4[by a general or special order permit-
(i) the sale of foreign liquor to,
(ii) the purchase, use or consumption of such liquor by,-
(a) the members of the armed forces in messes and canteens5[of the armed forces], and (b) the crew of warships or troopships and the members of the armed forces thereon.] ____________________
1. The words "cargo boats" were deleted, Bom. 26 of 1952, s.15(2)(a).
2. These words were Substituted for the words "military and naval messes and canteens", Bom. 26 of 1952, s.15(2)(b).
3. This word was Substituted for the words "Provincial" by the Adaptation of Laws Order, 1950.
4. This portion was Substituted for the words beginning with the words "in the notification" and ending with the word "canteens" the Adaptation of Laws Order, 1950., s.15(I).
5. These words were inserted by Bom. 22 of 1960, s.22.
Section 40 - Temporary Residents Permits
(1) The1[State] Government may, by rules or an order in writing authorize an officer to grant permits for the use or consumption of foreign liquor to person on the following conditions:-
(a) that such person is not a minor; 2[***]
(c) (i) that such person was either born and brought up or domiciled in any country outside India where such liquor is being generally used or consumed; or
(ii) that such person is on the Register of Foreigners under the Registration of Foreigners Act, 1939, (XVI of 1939) and is not domiciled in3[India]
Provided that, in the case of any person falling under Sub-clause (i) or (ii)-
(a1) such person has been residing and intends to reside in India temporarily and that such person has a fixed and settled purpose of making his sole and permanent home in any country outside India; and
(b1) that such person has been ordinarily using or consuming such liquor.
4[***]
(3) Such permits shall be granted for such quantities as may be prescribed.
5[(4) If any question arises whether the conditions imposed by clause (a) or (c) of Sub-section (1) are satisfied or not in any case, the State Government shall decide the question and its decision shall be final.
6[***]
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1. This word was Substituted for the words "Provincial" By the Adaptation of Laws Order, 1950.
2. Clause (b) was deleted by Bom. 26 of 1952, s. 16(1).
3. This word was Substituted for the words the "the Dominion of India" by the Adaptation ofLaws Order, 1950.
4. Sub-section (2) was deleted by Bom. 22 of 1960, s.23. 5. Sub-section (4) was added by Bom. 26 of 1952, s. 16(2). 6. The explanation was deleted, Bom. 26 of 1952, s. 16(3). Section 40A - Health Permits
1[40A. Health Permits
(1) The State Government may by rules or orders in writing, authorize an officer to grant a health permit for the use or consumption of foreign liquor to any person who requires such liquor for the preservation or maintenance of his health:
Provided that no such permit shall be granted to a minor.
(2) Such permit shall be granted for such quantity and shall be subject to such further conditions as may be prescribed.
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1. Sections 40A and 40B were inserted by Bom. 26 of 1952, s. 17. Section 40B - Emergency Permits
(1) The State Government may by rules or orders in writing authorize an officer to grant emergency permits for the use or consumption of brandy, rum or champagne or any other kind of liquor to any person for his own use or consumption or to any head of a household for the use of his household for medicinal use on emergent occasions.
Provided that the person to whom a permit is granted under this section may1[Subject to such conditions as may be prescribed] allow the use or consumption of liquor in respect of which the permit has been granted to any other person who requires the use thereof for medicinal purpose on emergent occasions:
Provided further that no permit shall be granted to more than one member of a household at any one time.
2[***]
(3) Such permits shall be granted for such quantities and shall be Subject to such further conditions
as may be prescribed.
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1. These words were inserted by Bom. 22 of 1960, s.24(a).
2. Substituted-section (2) and the Explanation were deleted, by Bom. 2 of 1960, s.24(b). Section 41 - Special Permits to Foreign Sovereigns etc
The1[State] Government may, grant special permits for the use or consumption of foreign liquor2[to any person who is-
(a) a Sovereign or Head of a foreign State;
(b) an Ambassador, Diplomatic Envoy or Consul, Honorary Consul or Trade, Commerce or other representative of a foreign State;
(c) a member of the staff appointed by or serving under any person specified in clause (a) or (b): Provided that such member is a national of a foreign State,
3[***]
4[(c1) a member of a foreign Government;
(c2) a representative or officer of any international organization to which privileges and immunities are given from time to time by or under the United Nations (Privileges and Immunities) Act, 1947 (XLVI of 1947); and]
(d) the Consort of any person specified in clauses (a), (b),5[(c), (c1) or (c2)] or any relation of such person dependent upon him.]
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1. This word was Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
2. This portion was Substituted for the words beginning with the words "to sovereigns" andending with the words "envoy or consul", by Bom. 26 of 1952, s.18.
3. The word "and" was deleted by Bom. 22 of 1960, s. 25(a).
4. Clauses (c1) and (c2) were inserted, Bom. 22 of 1960, s. 25(b).
5. These brackets, letters, figures and word were Substituted for the word, brackets and letter "or (c)", Bom. 22 of 1960, s. 25(c).
Section 42 - Permits to be non
Deleted by Bom. 22 of 1960, s. 26.
Section 43 - Regulation of Use or Consumption of Foreign Liquor by Certain Permit Holders
1[43. Regulation of Use or Consumption of Foreign Liquor by Certain Permit Holders
(1) No holder of a permit granted under any of the provisions of this Act other than section 40B shall
drink in a public place or in the rooms of a hotel or institution to which the public may have access.
(2) No holder of a permit granted under section 40A shall allow the use or consumption of any part of the quantity held by him to any other person.
2[(3) a person holding a permit under section 40, 41, 46, 46A or 47 may allow the use or consumption of any part of the quantity of foreign liquor possessed by him under the permit, to any other person who holds a permit under any of those sections.
(4) No holder of a permit under section 40, 41, 46, 46A or 47 shall serve any liquor at any ceremonial or other function or any assembly of persons where persons (not being members of his family or his employees) who do not hold any of the permits aforesaid, are present.)]
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1. Section 43 was Substituted for the original by Bom. 26 of 1952, s. 20.
2. Substituted-sections (3) and (4) were Substituted for the original Sub-section (3) by Bom. 22 of 1960, s. 27.
Section 44 - Licence to Clubs
(1) The1[State] Government may, by rules or an order in writing2[grant or authorise an officer to grant] licences to a club approved by the1[State] Government in this behalf to sell foreign liquor3[to its members holding permits.]
(2) Such licences shall be granted on the following conditions:- 4[***]
(b)that no liquor shall be served to the holder of any permit in any room of the club to which the public have access at the time when any person who does not hold such permit is present;
(c)that the club when authorised5[in writing] by any member who is the holder of a permit may stock the permitted quantity of liquor on account of such member5*
6[***] 7[***]
_______________________
1. This was Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
2. These words were Substituted for the words "authorise or grant" by Bom. 26 of 1952, s. 21. 3. These words were added by Bom. 22 of 1960, s. 28(a).
4. Clause (a) was deleted,Bom. 22 of 1960, s. 28(b)(i).
5. These words were inserted and the word "and" was deletedBom. 22 of 1960, s. 28 (b)(ii).
6. Clause (d) was deleted,Bom. 22 of 1960, s. 28(b)(i).
7. The Explanation was deleted, Bom. 22 of 1960,s. 28(b)(iii).
Section 45 - Authorization for Sacramental Purposes
(1) The1[State] Government may, by rules or an order in writing, authorise an officer to grant any authorization to any person for the use of liquor for sacramental purposes:
Provided that the officer so authorized is satisfied that the use of such liquor is required in accordance with the religious tenets of the community to which such person belongs.
2[(2) An authorization under this section shall be granted on the recommendation of such members of the community to which the person applying for the authorization belongs as may be approved by the State Government in that behalf.]
3[***]
(4) If any dispute arises whether the use of liquor is required by any person for sacramental purpose, the person requiring such use may apply to the4[Commissioner]. The4[Commissioner], after holding a summary inquiry5[***]
shall decide whether or not the liquor is required by the person for sacramental purposes. (5) The decision of the4[Commissioner] under Sub-section (4) shall be final.
______________________
1. This was Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
2. This Substituted-section was Substituted for original, the Adaptation of Laws Order, 1950., s. 29 (a).
3. Substituted-section (3) was deleted, by Bom. 22 of 1960, s. 29 (b).
4. This word was Substituted for the word "Director" by Mah. 52 of 1973, s. 3 Sch.
5. The words "in the prescribed manner" were deleted by Bom. 22 of 1960, s. 29 (c). Section 46 - Visitor's Permit
1 [46. Visitor'sPermit
(1) The State Governmentmay, by rules or an order in writing, authorise an officer to grant a visitor'spermit for the purchase, possession, use or consumption of foreign liquor to aperson who-
(a) (i) is a citizen of a foreign country, or a citizen of India and residesin any part of India, where consumption of alcoholic liquor is not generallyprohibited by law; or
(ii) is a citizen of a foreign country or is acitizen of India and resides in any part of India, where consumption of liquoris prohibited by law, but has been consuming such liquor under a permit orother authorization; and
(b)visits the State for a period of not more than a week.
(2) Such permit shall be granted ordinarily for aperiod not exceeding one week at any one time; but may be extended from time totime for further periods not exceeding one week at a time, so, however, thatthe total period shall not exceed in the aggregate one month.]
_____________________
1. Section 46 was Substituted for the original byBom. 22 of 1960, s. 30.
Section 46A - Tourist's permit
1[46A.2[Tourist's permit]
(1) The State Government may, by rules or an order in writing, authorise an officer to grant3[a
tourist's permit] to consume, to use and buy foreign liquor to a person who is a tourist.
(2) A tourist's permit may be granted for the period of the tourist's intended stay in the4[State], but shall in no case be granted for a period exceeding one month.
(3) Such permits shall be available at such places as may be5[fixed] by the6[Commissioner] in this behalf.]
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1. Section 46A was inserted by Bom. 20 of 1955, s. 4.
2. This marginal note was Substituted for the words "Tourists permits," Bom. 20 of 1955. s. 31(c).
3. These words were Substituted for the words "tourists permits" by Bom. 22 of 1960, s. 31(a).
4. This word was Substituted for the words "Pre-Reorganisation State of Bombay, excluding the transferred territories" by Bom. 12 of 1959, s. 3.
5. This word was Substituted for the word "notified" by Bom. 22 of 1960, s. 31(b). 6. This word was Substituted for the word "Director" by Mah. 52 of 1973, s. 3 Sch. Section 47 - Interim permits
(1) Notwithstanding anything contained in sections1[40, 40A and 41] the2[State] Government may, by rules or an order in writing,3[authorise an officer to] grant interim permits to persons applying for permits under any of the said provisions.
(2) Such interim permits shall not be granted for any period exceeding two months. _____________________
1. These figures, letters and words were Substituted for the figures and word "40 and 41" by Bom. 26 of 1952 s. 22(1).
2. This word was Substituted for the word "Provincial" by the Adaptation of Laws Order, 1958. 3. These words were inserted by Bom. 26 of 1952, s. 22 (2).
Section 48 - Permits for Consumption or Use of Intoxicating Drugs or Opium
48.1 [2 Permits] for Consumption or Use ofIntoxicating Drugs 3 [or Opium].]
(1) The 4 [State] Government may, by rules oran order in writing, authorise an officer to grant 5 [permits] for the6
[consumption or use] of 7 [intoxicating drugs] 8 [or opium] in such quantitiesas may be prescribed. (2) Such 5 [permits] shall be granted on the certificateof the Medical Board.
______________________
1.Thismarginal note was Substituted for the original by Bom. 26 of 1952, s. 23(2).
2.Thisword was Substituted for the word "Licence", by Bom. 22 of 1960, s. 32(c).
3.Thesewords were inserted, Bom. 22 of 1960, s. 32(c).
4.Thisword was Substituted for the words "Provincial" By the Adaptation ofLaws Order, 1950.
5.Thisword was Substituted for the word "licences" by Bom. 22 of 1960, s.32(a).
6.Thesewords were Substituted for the word "sale" by Bom. 26 of 1952, s.23(1).
7.Thesewords were Substituted for the words "hemp drug", Bom. 26 of 1952, s.23(1).
8.Thesewords were inserted by Bom. 22 of 1960, s. 32 (b).
Section 48A - Permits to be non
1[48A. Permits to be non-transferable
Permits granted under sections 40, 40A, 40B, 41, 46, 46A, 47 or 48 shall be non-transferable.]
______________________
1. Section 48A was inserted, Bom. 22 of 1960, s. 33.
Section 49 - Exclusive privilege of Government to import, etc., intoxicants, etc., and fees levied include rent or consideration for grant of such privilege to person concerned
1 [49. Exclusive privilege of Government to import,etc., intoxicants, etc., and fees levied include rent or consideration for grantof such privilege to person concerned
Notwithstanding anything containedin this Act, the State Government shall have the exclusive right or privilegeof importing, exporting, transporting, manufacturing, bottling, selling,buying, possessing or using any intoxicant, hemp or toddy, and whenever underthis Act or any licence, permit, pass, thereunder any fees are levied andcollected for any licence, permit, pass, authorisation or other permissiongiven to any person for any such purpose, such fees shall be deemed to includethe rent or consideration for the grant of such right or privilege to thatperson by or on behalf of the State Government.]
______________________
1. Section 49 was inserted byMah. 70 of 1981, s.2.
Section 50 - Warehousing of opium
Deleted by Bom. 22 of 1960 s. 34.
Section 51 - Rules for sale, etc. of warehoused intoxicant or hemp
Deleted by Bom. 22 of 1960 s. 34.
Section 52 - Power of authorised officer to grant licences, permits and passes in certain cases
Notwithstanding anything in this Act, it shall be lawful for any officer authorised by the1[State] Government in this behalf to grant any licences, passes or permits for import, export, transport,
possession, sale, buying, cultivation, collection, manufacture,2[bottling], consumption and use of any intoxicant, hemp, or mhowra flowers or molasses or for the tapping of any toddy producing tree or the drawing of toddy from such tree in cases other than those specifically provided under any of the provisions of this Act.
_____________________
1. This word was Substituted for the words "Provincial" By the Adaptation of Laws Order, 1950. 2. This word was inserted by Bom. 22 of 1960, s. 35
Section 53 - General conditions regarding licences, etc.
All licences, permits, passes, or authorisations granted under this Act shall be in such form and shall, in addition to or in variation or Substitution of any of the conditions provided by this Act, be Subject to such conditions as may be prescribed and shall be granted on payment of the prescribed fee:
Provided that every licence, permit, pass or authorisation shall be granted only on the condition that the1[person applying] undertakes, and in the opinion of the officer authorised to grant the licence, permit, pass or authorisation is likely to abide by all the conditions of the licence, permit, pass or authorisation and the provisions of this Act.
2[***]
_____________________
1. These words were Substituted for the words "holder there of,"Bom. 22 of 1960, s. 36.
2. The portion beginning with the words "and not to do anything" and ending with the words" object and purposes of this Act" were deleted by Bom. 26 of 1952, s. 24.
Section 53A - Certain licensees required to keep measures, etc.
1[53A. Certain licensees required to keep measures, etc.
Every person who manufactures or sells any intoxicant or hemp under a licence granted under this
Act, shall be bound--
(a) to equip himself with and keep such measures and weights and such instruments for testing the strength or quality of the intoxicant or hemp as the Collector may prescribe, and to keep the same in good condition, and
(b) on a requisition of any Prohibition Officer, duly empowered in this behalf, at any time to measure,
weight or test any intoxicant or hemp in his possession or to have it measured, weighed or tested in such manner as the Prohibition Officer may require.]
_______________________
1. This section was inserted by Bom. 22 of 1960, s. 37.
Section 54 - Power to Cancel or Suspend Licences and Permits
(1)1[The authority granting any licence, permit, pass or authorisation under this Act may for reasons to be recorded in writing cancel or suspend it,]
(a) if any fee or duty payable by the holder thereof is not duly paid;
(b) if the purpose for which the licence, permit, pass or authorisation was granted ceases to exist;
(c) in the event of any breach by the holder of such licence, permit, pass or authorisation or by his servant or by any one acting with his express or implied permission on his behalf of any of the terms or conditions of such licence, permit, pass or authorisation or of any licence, permit, pass or authorisation previously held by the holder;
(d) if the holder thereof or any person in the employ of such holder or any person acting with his express or implied permission on his behalf is convicted of any offence under this Act or if the holder of the licence, permit, pass or authorisation is convicted of any cognizable and non-bailable offence
or2[of any offence under the dangerous Drugs Act, 1930 (II of 1930), or under the Drugs Act, 1940 (XXIII of 1940), or under the Bombay Drugs (Control) Act, 1952 (Bom. XXIX of 1952), or under the Indian Merchandise Marks Act 1889, (IV of 1989), or of any offence punishable under sections 482 to 489 (both inclusive) of the Indian Penal Code, or of any offence punishable under Article 8 of the Schedule to section 167 of the Sea Customs Act, 1878 (VIII of 1878);
3[(e) if the licence, permit, pass or authorisation has been obtained through wilful misrepresentation or fraud.]
(2) Where a licence, permit, pass or authorization held by any person is cancelled, under Sub-section (1), the authority aforesaid may cancel any other licence, permit, pass or authorisation granted or deemed to have been granted to such person under this Act.
4[(3) Notwithstanding anything contained in this section, the State Government may, for reasons to be recorded in writing, suspend or cancel any licence, permit, pass or authorisation.]
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1. These words were Substituted for the portion beginning with the words "The Director or any officer authorised in this behalf" and ending withthe words "granted under this Act",Bom. 22 of 1960,s. 38(a)(i)
2. These words and figures were Substituted for the words and figures "of any offence under the Dangerous Drugs Act, 1930"Bom. 22 of 1960, s. s. 38 (a)(ii).
3. This clause was inserted, by Bom. 22 of 1969, s. 38(a)(iii).
4. This Sub-section was Substituted for the original, Bom. 22 of 1960, s. 38(d).
Section 55 - Holder of licence, etc. not entitled to compensation or refund of fee for cancellation or suspension thereof
No holder of a licence, permit pass or authorisation shall be entitled to any compensation for the cancellation or suspension of the licence, permit, pass or authorisation under Section 54 nor to a refund of any fee or deposit made in respect thereof.
Section 56 - Cancellation for other reasons
(1) Whenever the authority granting a1[licence, permit, pass or authorization] considers that it should be cancelled for any cause other than those specified in Section 54, he may cancel2[it] either--
(a) on the expiration of not less than fifteen days' notice in writing of his intention to do so; or
3[(b) forthwith without notice, recording his reasons in writing for doing so.]
4[(2) where a licence, permit, pass or authorization is cancelled under Sub-section (1), a part of the fee for the licence, permit, pass or authorization proportionate to the unexpired portion of the term thereof and the deposit made by the holder thereof in respect of such licence, permit, pass or authorization shall be refunded to him after deducting any amount due from him to the State Government.]
_________________________
1. These words were Substituted for the word "licence" by Bom. 22 of 1969, s. 39(a)(i). 2. This word was Substituted for the words "the licence" Bom. 22 of 1969, s. 39(a)(ii). 3. This clause was Substituted Bom. 22 of 1969, s. 39(a)(iii).
4. This Sub-section was Substituted, Bom. 22 of 1969, s. 39(b).
Section 57 - Attachment of Licence
Notwithstanding anything contained in any other section, when a licence is liable under that section to cancellation owing to default in the payment of any duty or fee payable by the holder thereof, the authority granting the licence may attach and take such licence under management, and if the profits received from such management after meeting all the expenses of such attachment and management are less than the amount of the arrears for which the licence was attached and the amount falling due on such licence during the remaining period of such licence the difference shall be recovered from the licensee as if it were a duty or fee leviable under any one of the provisions of this Act, and in the event of the said profits exceeding the amount so due under the licence, the licensee shall not be entitled to receive any of the said profits.
Section 58 - Right, Title or Interest under Licence not Liable to be Sold or Attached in execution
Notwithstanding anything contained in any law for time being in force no right, title or interest in any licence, permit, pass, or authorization granted under this Act shall be liable to be sold, transferred or attached in execution of any process of any civil or any other Court.
Section 58A - Supervision over manufacture, etc.
1 [58A. Supervision over manufacture,etc.
TheState Government may by general or special order direct that the manufacture,import, export, transport, storage, sale, purchase, use, collection orcultivation of any intoxicant, denatured spirituous preparation, hemp, mhowraflowers, or molasses shall be under the supervision of such prohibition and excise orpolice staff as it may deem proper to appoint, and that the cost of such staffshall be paid to the State Government by the person manufacturing, importing,exporting, transporting, storing, selling, purchasing, using, collecting orcultivating the intoxicant, denatured spirituous preparation, hemp, mhowraflowers or molasses:
Provided that, the State Government may exempt anyclass of persons or institutions from paying the whole or any part of the costof such staff].
____________________
1. This section was insertedby Bom. 22 of 1960 s. 40.
Section 59 - Commissioner Entitled to require licences holder or owner to dispose of stocks
59. 1 [Commissioner] Entitled to require licencesholder 2 [or owner] to dispose of stocks
(1) Notwithstanding the fact that theperiod during which any licence, permit, pass or authorisation is to be inforce has not, expired, the 1 [Commissioner] may direct the holder thereof todispose of this stock of intoxicant, 3 [denatured spirituous preparation] orhemp or mhowra flowers before such date as may be specified in the order.
4 [(1A) The 1 [Commissioner] may also direct theowner of the stock of any intoxicant, 3 [denatured spirituous preparation] orhemp or mhowra flowers who does not hold any licence, permit, pass orauthorization for such, to dispose of the said stock before such date as may bespecified in the order, and the owner shall comply with such direction.
(2) Any stock intoxicant 3 [denatured spirituouspreparation] or hemp or mhowra flowers left undisposed of after the date sospecified shall, together with receptacles or packages in which it iscontained, be liable to forefeiture to 5 [the State Government by the order ofthe 1 [Commissioner], On the cancellation or the expiry of the period of anylicence, permit, pass or authorization, the 1 [Commissioner] may also directthat any stock of any intoxicant, 3 [denatured spirituous preparation] hemp ormhowra flowers remaining with the holder of the licence, permit, pass orauthorization together with receptacles or packages thereof be forefeited to 5 [the State Government.]
(3) If the articles which are forfeited under Sub-section (2) are sold, the1 [Commissioner] may, if he thinks fit, order thewhole or any portion of the sale proceed of such articles to be paid to theowner thereof.
6 [(4) No direction or order under Sub-section (1),(1-A), (2) or (3) shall be made unless the person likely to be adverselyaffected by such direction or order is given reasonable opportunity of beingheard, and the reasons for the
direction given or order made are recorded inwriting by the 1 [Commissioner].
_____________________
1. This word wasSubstitutedfor the word "Director" by Mah. 52 of 1973, s. 3 Sch.
2. These words were insertedMah. 52 of 1973, s. 3 Sch., s. 26 (2).
3. These words were insertedby Bom. 22 of 1960, s. 41(a).
4.Sub-section (14A) wasinserted by Bom. 26 of 1952, s. 26(1).
5.These words wereSubstituted for the words "His Majesty" by the Adaptation of Laws,Order 1950.
6.ThisSub-section wasinserted by Bom. 22 of 1960, s. 41(b).
Chapter4A- CONTROLANDREGULATIONOFARTICLESMENTIONEDINSECTION24A TO PREVENT THEIR USE AS INTOXICATING LIQUOR
1[CHAPTER IV-A
CONTROL AND REGULATION OF2[ARTICLES MENTIONED IN SECTION 24A] TO PREVENT THEIR USE AS
INTOXICATING LIQUOR
______________________
1. Chapter IV-A was inserted by Bom. 26 of 1952, s. 27.
2. These words figures and letter were Substituted for the words "Medicinal and Toilet Preparations" by Bom. 36 of 1954, s. 7.
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Section 59AA - Control on manufacture etc. of articles mentioned in section 24A
1[59AA. Control on manufacture etc. of articles mentioned in section 24A
No article mentioned in Section 24A shall be manufactured, imported or exported, except under a licence which shall, Subject to the provisions of any rules made in that behalf, be granted by an officer authorised in that behalf by an order in writing by the State Government:
Provided that no such licence shall be necessary for the import or export of such article to the extent of such quantity as may be prescribed.]
______________________
1. This section was inserted by Bom. 22 of 1960, s. 42.
Section 59A - Manufacture of Articles mentioned in Section 24A 59A.1[Manufacture of Articles mentioned in Section 24A]
(1) No manufacturer of any of the articles mentioned in Section 24A shall sell, use or dispose of any liquor purchased or possessed for the purposes of such manufacture under the provisions of this Act otherwise than as an ingredient of the articles authorised to be manufactured therefrom. No more alcohol shall be used in the manufacture of any of the articles mentioned in Section 24A than the quantity necessary for extraction or solution of the elements contained therein and for the preservation of the articles:
Provided that in the case of manufacture of any of the articles mentioned in section 24A in which the alcohol is generated by a process of fermentation the amount of such alcohol shall not exceed 12 per
cent.2[by volume.] (2) No person shall-
(a) knowingly sell any3[article mentioned in Section 24A] for being used as an intoxicating drink, or (b) sell any such article under circumstances from which he might reasonably deduce the intention of
the purchaser to use them for such purpose.
_________________________
1. This marginal note was Substituted for the original,Bom. 22 of 1960, s. 42. s. 8(ii).
2. These words were added, Bom. 22 of 1960, s. 42., s. 43.
3. These words, figures and letters were Substituted for the words figures and letter" article to which section 24-A applies" by Bom. 36 of 1954, s. 8(i).
Section 59B - Analysis of articles mentioned in section 24A
59B.1[Analysis of articles mentioned in section 24A]
2[(1) Whenever the3[Commissioner] has reason to believe that any of the articles mentioned in
Section 24A does not correspond with the description and limitations provided in Section 59A, he
shall cause an analysis of the said article to be made and if upon such analysis the3[Commissioner] shall find the said article does not so correspond, he shall give not less than 15 days' notice, in
writing to the person who is the manufacturer thereof or is known or believed to have imported4[or
obtained] such article to show cause why the said article should not be dealt with as the intoxicating
liquor, such notice to be served personally or by registered post as the3[Commissioner] may determine, and shall specify the time when, place where, and the name of the officer before whom such person is required to appear.
5[(1A) If such person fails to show to the satisfaction of the3[Commissioner] that the said article corresponds with the description and limitations provided in Section 59A, the3[Commissioner] may by notification in the Official Gazette direct that the said article be dealt with as an intoxicating liquor and thereupon the provisions of this Act relating to liquor shall apply to that article.]
6[(2) Whenever the3[Commissioner] causes an analysis of an article mentioned in Section 24A to be made under Sub-section (1)7[or gives notice thereunder], he may require the person who is the
manufacturer thereof or who is known or believed to have imported7[or obtained] such articles not to sell, distribute or otherwise deal with such article, or to remove it from any place without the
previous permission of the3[Commissioner], for any period not exceeding three months from the date of such requisition or till the result of the analysis is known and8[communicated to him in writing by the 3[Commissioner] whichever is earlier, or as the case may be, till such manufacturer or other person satisfies the3[Commissioner] that the article corresponds to the description and limitations provided in Section 58A]; band thereupon such manufacturer or person shall comply with such requisition during the said period.]
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1. This marginal note was Substituted for the original by Bom. 36 of 1954 s. 9.
2. The original section 59B was re-numbered as Sub-section (1) of that section by Bom. 20 of 1955, s. 5.
3. This word was Substituted for the word "Director" by Mah. 52 of 1973 s. 3 Sch. 4. These words were inserted by Bom. 22 of 1960, s. 44 (1).
5. This Sub-section was inserted, Bom. 22 of 1960, s. 44(2).
6. Sub-section (2) was added by Bom. 20 of 1955, s. 5.
7. These words were inserted by Bom. 22 of 1960, s. 44 (3).
8. These words figures and letters were Substituted for the words "communicated to him, whichever is earlier" Bom. 22 of 1960, s. 44(3).
Chapter 4B - CONTROL AND REGULATION OF DENATURED SPIRITUOUS PREPARATIONS TO PREVENT THEIR USE AS INTOXICATING LIQUOR
1[CHAPTER IV-B
CONTROL AND REGULATION OF DENATURED SPIRITUOUS PREPARATIONS TO PREVENT THEIR USE AS
INTOXICATING LIQUOR
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1. Chapter IV-B was inserted, by Bom. 22 of 1960, s. 45.
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Section 59C - Prohibition against possession of denatured spirituous preparation in excess of Prescribed Limit and the regulation of its Possession in Excess of Prescribed Limit
(1) No person shall have in his possession, except under a permit granted by any officer empowered by the State
Government in that behalf, any quantity, of denatured. spirituous preparation in excess of such a quantity as the State Government may, by notification in the Official Gazette, specify.
(2) In specifying quantity of possession of denatured spirituous preparation under Sub-section (1) regard shall be had to the necessity for the free possession of such preparation for legitimate, domestic and other purposes, and different limits may be fixed for--
(i) different local areas,
(ii) different classes of persons, and
(iii) different occasions.
Section 59D - Regulation of manufacture, etc. of denatured spirituous preparations
(1) No person shall--
(a) manufacture, sell or bottle for sale any denatured spirituous preparation, except under the authority and in accordance with the terms and conditions of a licence;
(b) import, export or transport any denatured spirituous preparation in excess of the limit of possession specified under Sub-section (1) of section 59C, except under the authority and in accordance with the terms and conditions of a pass;
(c) drink any denatured spirituous preparation.
(2) A licence or pass required under Sub-section (1) shall be granted by any officer empowered in writing in that behalf by the State Government.]
Chapter 5 - MHOWRA FLOWERS
Chapter 5 MHOWRA FLOWERS
Section 60 - Prohibition of export or Import of mhowra flowers
(1) No person shall export or import mhowra flowers except under a pass granted by the Collector or an officer authorised in this behalf.
Control and regulation of transport, sale, etc., of mhowra flowers.--(2)1[No person or head of household on his behalf or on behalf of the members of his household shall in the aggregate] collect or transport or sell or buy or have in his possession mhowra flowers exceeding the prescribed limit in weight, except under the authority and Subject to the conditions of a licence, permit or pass granted2[by the Collector or an officer authorised] in this behalf:
Provided that no licence, permit or pass shall be necessary for the collection, transport, sale, purchase or possession within such area and during such period (hereinafter called vacation period) as the3[State] Government may, by notification in the Official Gazette, notify, of any quantity of mhowra flowers which shall be the produce of that year4[and of that area]:
Provided further that unless the3[State] Government by a notification in the Official Gazette, otherwise directs, no licence, permit or pass shall be necessary for the transport by rail of any quantity of mhowra flowers through an area which has no vacation period or the vacation period for which has expired at the time when the transport takes place, provided that--
(i) the said flowers are not unloaded in transit, and
(ii) there is a vacation period at the place from which and to which the said flowers are transported at the time when the said flowers are despatched or arrive, as the case may be.
5[***]
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1. These words were Substituted for the words "No person shall" by Bom. 26 of 1952, s. 28 (1). 2. These words were inserted, Bom. 26 of 1952, s. 28 (2).
3. This word was Substituted for the word "Provincial" by the Adaptation of laws Order, 1950. 4. These words were added by Bom. 26 of 1952, s. 28 (3).
5. The Explanation was deleted by Bom. 22 of 1960, s. 46.
Chapter 6 - CONTROL AND REGULATION OF MOLASSES
Chapter 6 CONTROL AND REGULATION OF MOLASSES
Section 61 - Control of export, etc. of molasses
(1) Except as otherwise provided in Sub-sections (2) and (3), no person shall export, import, transport, sell or have in his possession any quantity of molasses.
(2) The1[State] Government may, by general or special order, authorise any Collector2[or any other officer]to grant licences for the import,export,saleor possession of molasses.
(3) The1[State] Government may also authorise any Collector or any other officer to grant permits for the transport of molasses.
_______________________
1. This word was Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. 2. These words were inserted by Bom. 26 of 1952 s. 29.
Section 62 - Provisions of Sections 53 to 59 to Apply to Licences Granted Under Section 61
The provisions of sections 53 to 591[(both inclusive)] shall so far as may be applicable, apply to licences or permits granted under section 61.
____________________
1. These brackets and words were inserted by Bom. 22 of 1960 s. 47.
Section 63 - Provision of Act in relation to molasses to be in addition to, and not in derogation of; Bom. XXXVIII of 1956.
1 [63. Provision of Act in relation to molasses tobe in addition to, and not in derogation of; Bom. XXXVIII of 1956.
Theprovisions of this Act in relation to molasses shall be in addition to and notin derogation of the provisions of the Bombay Molasses (Control) Act, 1956(Bom. XXXVII of 1956), or of any rule or order made thereunder.]
___________________
1.This section wasinserted, Bom. 22 of 1960, s. 48.
Section 64 - Power of State Government to direct holder of stock of molasses to sell them at fixed price to any officer, person or class of persons
Deleted by Bom. 26 of 1952, s. 30.
Chapter 7 - OFFENCES AND PENALTIES
Chapter 7 OFFENCES AND PENALTIES
Section 65 - Penalty for illegal import, etc. of intoxicant or hemp
Whoever, in contravention of the provisions of this Act, or of any rule, regulation or order made or of any licence, pass, permit or authorisation granted thereunder--
(a) imports or exports any intoxicant1[(other than opium)] or hemp, (b) manufactures any intoxicant2[(other than opium)],
(c) constructs or works any distillery or brewery, (d) bottles liquor,
(e) sells or buys any intoxicant1[(other than opium)] or hemp, or
(f) uses, keeps or has in his possession any materials, still utensils, implements or apparatus for the
purpose of manufacturing any intoxicant2[(other than opium)]. 3[(g) cultivates or collects hemp.]
4[shall, on conviction, be punished for each such offence with imprisonment for a term which may extend to three years and also with fine;
Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgement of the Court,--
(i) for a first offence, such imprisonment shall not be less than six months, and fine shall not be less than five hundred rupees;
(ii) for a second offence such imprisonment shall not be less than nine months, and fine shall not be less than one thousand rupees;
(iii) for a third or Subsequent offences, such imprisonment shall not be less than one year and fine shall not be less than one thousand rupees.]
______________________
1. These brackets and words were inserted, s. 49(a).
2. These brackets and words were Substituted for the brackets and words "(other than toddy)"Bom. 22 of 1960 s. 49 (b).
3. This clause was inserted byBom. 22 of 1960s. 49 (c).
4. This portion was Substituted for the portion beginning with the words "shall on conviction be punished" to the end of the section by Bom. 22 of 1960, s. 49(b).
Section 66 - Penalty for illegal cultivation and collection of hemp and other matters
1 [(1) Whoever in contravention of the provisions ofthis Act, or of any rule, regulation or order made, or of any licence, permit,pass or authorization issued, thereunder-
2 [***]
(b)consumes, uses, possesses or transports any intoxicant3 [other thanopium] or hemp,
(c)taps or permits to be tapped any toddy-producing tree; (d)draws or permits to be drawn toddy from any tree;
shall, on conviction, be punished-
(i) for a first offence,with imprisonment for a term which may extend to six months and with fine whichmay extend to one thousand rupees:
Provided that in the absence of special andadequate reasons to the contrary to be mentioned in the judgment of the court,such imprisonment shall not be less than three months and fine shall not beless than five hundred rupees;
(ii)for a second offence, with imprisonment for a term which may extend totwo years and with fine which may extend to two thousand rupees:
Provided that in the absence of special andadequate reasons to the contrary to be mentioned in the judgment of the Court,such imprisonment shall not be less than six months and fine shall not be lessthan one thousand rupees;
(iii)for a third or Subsequent offences, with imprisonment for a term whichmay extend to two years and with fine which may extend to two thousand rupees:
Provided that in the absence of special andadequate reasons to the contrary to be mentioned in the judgment of the Court,such imprisonment shall not be less than nine months and fine shall not be lessthan one thousand rupees;
4 [(2) Subject to the provisions of Sub-section (3),where in any trial of an offence under clause (b) of Sub-section (1) for theconsumption of an intoxicant, it is alleged that the accused person consumedliquor, and it is proved that the concentration of alcohol in the blood of theaccused person is 5 [not less than 0.05 per cent, weight in volume] then theburden of proving that the liquor consumed was a medicinal or toiletpreparation, or an antiseptic preparation or solution, or a flavouring extract,essence or syrup, containing alcohol, the consumption of which is not incontravention of the Act or any rules, regulations or orders made thereunder,shall be upon the accused person, and the Court shall in the absence of suchproof presume the contrary.
(3) The provisions of Sub-section (2) shall notapply to the consumption of any liquor--
(a)by indoor patients during the period they are being treated in anyhospital, convalescent home, nursing home or dispensary, maintained orsupported by Government or a local authority or by charity, or
(b)by such other persons, in such other institutions, or in suchcircumstances as may be prescribed.] ______________________
1.Section66 was renumbered as Sub-section (1) by Bom. 12 of 1959, s. 9.
2.Clause(a) was deleted by Bom. 22 of 1960, s. 50 (a)(i).
3.Thesebrackets and words were inserted, Bom. 22 of 1960, s. 50 (a)(ii).
4.Sub-sections (2) and (3) were added by Bom. 12 of 1959, s. 9.
5.Thesewords and figures were Substituted and were deemed always to have been Substituted for the words and figures "not less than 0.05 per cent"by Bom. 22 of 1960, s. 50 (b).
Section 66A - Penalty for illegal import, etc. of opium
1[66A. Penalty for illegal import, etc. of opium
Whoever, in contravention of the provisions of this Act, or of any rule, regulation or order thereunder or of any licence, pass, permit or authorisation granted by or under this, Act, imports, exports, transports, consumes, uses, possesses, sells or buys opium, shall, on conviction, be punished for each such offence with imprisonment for a term which may extend to three years and also with fine:
Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgement of the court,--
(i) for a first offence, such imprisonment shall not be less than six months and fine shall not be less than five hundred rupees;
(ii)for a second offence, such imprisonment shall not be less than nine months, and fine shall not be less than one thousand rupees;
(iii)for a third or Subsequent offences, such imprisonment shall not be less than one year and fine shall not be less than one thousand rupees.]
____________________
1. This section was inserted by Bom. 22 of 1960, s. 51.
Section 67 - Penalty for alteration or attempting to alter denatured spirit
1[(1) Whoever in contravention of section 21 alters or attempts to alters any denatured spirit or has in his possession any spirit in respect of which he knows or has reason to believe that any such alteration or attempt has been made shall, on conviction, be punished with imprisonment for a term which may extend to one year and with fine which may extend to one thousand rupees:
Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, such imprisonment shall not be less than three months and fine shall not be less than five hundred rupees.
2[(2) In prosecution under this section, it shall be presumed, until the contrary is proved, that the alteration or attempt to alter any denatured spirit was done, with the intention that such spirit may be used for human consumption as an intoxicating liquor.]
____________________
1. Section 67 was renumbered as Sub-section (1), Bom. 22 of 1960, s. 52. 2. This Sub-section was added, Bom. 22 of 1960.
Section 67 - 1A
1[67-1A. Penalty for alteration or attempting to alter denatured spirituous preparation
2[(1) Whoever in contravention of section 21A alters or attempts to alter any denatured spirituous preparation or has in his possession any such preparation in respect of which he knows or has reason to believe that any such alteration or attempt has been made shall, on conviction, be punished with imprisonment for a term which may extend to one year and with fine which may extend to one thousand rupees:
Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgement of the court such imprisonment shall not be less than three months and fine shall not be less than five hundred rupees].
3[(2) In prosecutions under this section, it shall be presumed, until the contrary is proved, that the alteration or attempt to alter any denatured spirituous preparation was done with the intention that it may be used for human consumption as an intoxicating liquor.]
_____________________
1. Section 67-1A was inserted by Bom. 36 of 1954, s. 10.
2. Section 67-1A was renumbered as Sub-section (1) by Bom. 22 of 1960, s. 53. 3. This Sub-section was added by Bom. 22 of 1960, s. 53.
Section 67 - 1B
1[67-1B. Penalty for contravention of provision regarding prescriptions
whoever-
(a) not being a registered medical practitioner issues a prescription for intoxicating liquor, or
(b) being a registered medical practitioner-
(i) prescribes intoxicating liquor in contravention of the provisions of Sub-section (2) of section 22A, or
(ii) fails, without reasonable excuse, to state in the prescription for intoxicating liquor the particulars required by that section to be stated therein, or
(iii) fails to preserve such prescriptions, or a copy thereof, for the period for which it is required by that section to be preserved.
shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both.]
______________________
1. This section was inserted,Bom. 22 of 1960, s. 54.
Section 67A - Penalty for manufacturing Articles mentioned in Section 24A in contravention of the provisions of Section 59A
1[67A. Penalty for manufacturing2[Articles mentioned in Section 24A] in contravention of the provisions of Section 59A
(1) Whoever in contravention of the3[provisions of section 59AA or, as the case may be, of section 59A]-.
4[(1a) manufactures, imports or exports any article mentioned in section 24A, or
(a) sells, uses or disposes of any liquor otherwise than as an ingredient of any5[article mentioned in
section 24A], or
(b) uses more alcohol in the6[manufacture of any of the articles mentioned in section 24A] than the quantity necessary for extraction or solution of the elements' contained therein and for the preservation of such7[article], or
(c) knowingly sells8[any such article] for being used as an intoxicating drink, or sells any such article under circumstances from which he might reasonably deduce the intention of the purchaser to use them for such purpose,
shall, on conviction, be punished with imprisonment for a term which may extend to one year or with fine or with both.
(2) No person who has been convicted for any offence under this section or has paid any sum of money under section 1049[by way of composition] for such offence shall be entitled to manufacture, import or to sell any10[article mention in section 24A] for a period of one year from the date of such conviction or payment, and any person who imports, manufactures or sells any11[such article] in contravention of this Sub-section shall be liable to the same punishment as is provided for an offence punishable under section 65.]
______________________
1. Sections 67A and 67B were inserted by Bom. 26 of 1952, s. 31.
2. These words, figures and letter were Substituted for the words"medicinal or toilet preparations", by Bom. 36 of 1954, s. 11 (iii).
3. These words, figures and letters were Substituted for the words, figures and letters "Provisions of Section 59-A" by Bom. 22 of 1960, s. 55 (a)(ii).
4. Clause (1a) was inserted, Bom. 22 of 1960 s. 55 (a) (ii).
5. These words Substituted for the words "medicinal or toilet preparation" by Bom. 36 of 1954, s.
11(1)(a).
6. These words, figures and letters were Substituted for the words "in the manufacture of such articles which may be used as intoxicating liquor" by Bom. 22 of 1960, s. 55 (a)(iii).
7. This word was Substituted for the word "preparation" by Bom. 26 of 1954, s. 11 (i)(b).
8. These words were Substituted for the words, figures and letter "any article to which section 14A
applies" m, Bom. 26 of 1954, s. 11 (i)(c).
9. These words were inserted by Bom. 22 of 1960, s. 55 (b).
10. These words were Substituted for the words, figures and letters "preparation to which section 14A applies" by Bom. 36 of 1954, s. 11 (ii)(a).
11. These words were Substituted for the words "such preparation" by Bom. 36 of 1954 s. 11 (ii) (b). Section 67B - Penalty for failure to satisfy the Commissioner under Sub
1 [67B. 2 [Penalty for failure to satisfy the 3 [Commissioner] under Sub-section (1), or to comply with a requisition under Sub-section (2) of Section 59B]
4 [(1) If the manufacturer of any of the article mentioned in section 24A fails to show to the satisfaction of the 3 [Commissioner] that the article corresponds to the description and limitations provided in section 59A, his licence for the purchase, use or possession of liquor or alcohol for the manufacture of such article shall be revoked.
5 [(2) Any person who fails to comply with any requisition made by the 2 [Commissioner] under Sub-section (2) of section 59B, shall, on conviction be punished with imprisonment for a term which may extend to one year or with fine or with both.]
______________________
1. Sections 67A and 67B were inserted by Bom. 26 of 1952, s. 31.
2. This marginal note was Substituted for the original by Bom. 20 of 1956, s. 6 (2).
3. This word was Substituted for the word "Director" by Mah. 52 of 1973, s. 3 Sch.
4. The original section 67B was renumbered as Sub-section (1) of that section by Bom. 20 of 1965, s. 6(1).
5. Sub-section (2) was added by Bom. 20 of 1956, s. 6(1).
Section 67C - Penalty for possessing, etc., denatured spirituous preparations in contravention of
provisions of section 59C and 59D
1[67C. Penalty for possessing, etc., denatured spirituous preparations in contravention of provisions of section 59C and 59D
Whoever,-
(a) in contravention of the provisions of section 59C, possesses, without a permit, any denatured spirituous preparation in excess of the quantity prescribed under that section, or
(b) in contravention of the provisions of section 59D, manufactures, sells, bottles for sale or imports, exports or transports, any denatured spirituous preparation, or
(c) drinks any denatured spirituous preparation, shall on conviction, be punished-
(i) for a first offence with imprisonment for a term which may extend to six months and with fine which may extend to one thousand rupees:
Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, such imprisonment shall not be less than three months and fine shall not be less than five hundred rupees;
(ii) for a second offence, with imprisonment for a term which may extend to two years and with fine which may extend to two thousand rupees:
Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, such imprisonment shall not be less than six months and fine shall not be less than one thousand rupees;
(iii) for a third or Subsequent offences, with imprisonment for a term which may extend to two years and with fine which may extend to two thousand rupees:
Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, such imprisonment shall not be less than nine months and fine shall not be less than one. thousand rupees.]
_____________________
1. This section was inserted by Bom. 22 of 1960, s. 56.
Section 68 - Penalty for opening etc., of common drinking house
Whoever,--
(a) opens, keeps or uses any place as a common drinking house; or
(b) has the care, management or control of, or in any manner assists in conducting the business, of
any place opened, kept or used as a common drinking house,1[shall, on conviction, be punished for each such offence with imprisonment for a term which may extend to three years and also with fine:
Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court,--
(i) for a first offence, such imprisonment shall not be less than six months and fine shall not be less than five hundred rupees;
(ii) for a second offence, such imprisonment shall not be less than nine months and fine shall not be less than one thousand rupees;
(iii) for a third or Subsequent offences, such imprisonment shall not be less than one year and fine shall not be less than one thousand rupees.]
_____________________
1. This portion was Substituted for the original by Bom. 22 of 1960, s. 57. Section 69 - Penalty for illegal import, etc. of mhowra flowers
Whoever, in contravention of the provisions of this Act, or of any rule, regulation or order made or licence, permit or pass granted thereunder, imports, exports,1[collects], transports sells,1[buys],or has in his possession mhowra flowers, shall, on conviction, be punished,--
(i) for a first offence, with imprisonment for a term which may extend to six months and with fine which may extend to one thousand rupees:
Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, such imprisonment shall not be less than three months and fine shall not be less than five hundred rupees:
(ii) for a second offence, with imprisonment for a term which may extend to two years and with fine which may extend to two thousand rupees:
Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, such imprisonment shall not be less than six months and fine shall not be less than one thousand rupees;
(iii) for a third and Subsequent offences, with imprisonment for a term which may extend to two years and with fine which may extend to two thousand rupees:
Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, such imprisonment shall not be less than nine months and fine shall not be less than one thousand rupees:
Provided further that no person shall be punished in respect of any mhowra flowers which are either growing on a tree or are lying uncollected on the ground as they have fallen from a tree.
____________________
1. This word was inserted by Bom. 26 of 1952, s. 32. Section 70 - Penalty for illegal import of molasses
Whoever, in contravention of the provisions of this Act, or of any rule, regulation or order made or of any licence or permit granted thereunder, exports, imports, transports, sells or has in his possession molasses shall, on conviction, be punished with
imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both.
Section 71 - Penalty for selling molasses at price exceeding fixed price
Deleted by Bom. 26 of 1952, s. 33.
Section 72 - Penalty for removal of intoxicant etc.
1[72. Penalty for removal of intoxicant etc.
Whoever, in contravention of the provisions of this Act, or of any rule, regulation or order made, or pass granted, thereunder, removes any intoxicant, hemp, mhowra flowers or molasses from any distillery, warehouse, godown or other place of storage established or licensed under this, Act, shall, on conviction, be punished with imprisonment for a term which may extend to one year or with fine which may extend to one thousand rupees or with both.]
____________________
1. This section was Substituted for the original by Bom. 22 of 1960, s. 58.
Section 73 - Penalty for printing or publishing advertisement in contravention of provisions of Act, etc.
Whoever, in contravention of the provisions of this Act, or of any rule, regulation or order made thereunder, prints, or publishes in any newspapers, news-sheet, book, leaflet, booklet or any single or periodical publication or otherwise displays or distributes any advertisement or other matter-
(a) which1**solicits the use of or officers any intoxicant or hemp, or
(b) which is calculated to encourage or incite any individual or class of individuals or the public generally to commit an offence under this Act, or to commit a breach of, or to evade the provisions of, any rule, regulation or order made thereunder or of the conditions of a licence, permit, pass or authorization granted thereunder;
shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees or with both.
____________________
1. The word "commends" was deleted by Bom. 26 of 1952, s. 34. Section 74 - Penalty for circulating etc. news
Whoever, in contravention of a notification issued under Sub-section (3) of section 24, circulates, distributes or sells any newspaper, news-sheet, book, leaflet, booklet or other publication printed and published outside the1[State] which contains any advertisement or matter,--
(a) which2* solicits the use of or offers any intoxicant or hemp,3[or]
(b) which is calculated to encourage or incite any individual or class of individuals or the public generally to commit any offence under this Act, or to commit a breach of, or to evade the provisions of any rule, regulation or order made thereunder, or the conditions of any, licence, permit, pass or authorization granted thereunder.
shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both.
_____________________
1. This word was Substituted for the 'words "pre-Reorganisation State of Bombay, excludingthe
transferred territories" by Bom. 12 of 1959, s. 3.
2. The word "commends" was deleted by Bom. 26 of 1952, s. 34.
3. This word was inserted, Bom. 26 of 1952, s. 34., s. 35(2).
Section 75 - Penalty for inciting or encouraging certain Acts
75. Penalty for inciting or encouraging certain Acts 2[***]
Whoever, in contravention of the provisions of this Actor any rule, regulation order made thereunder,--
(a)1* solicits the use of or offers any intoxicant or hemp, or 3[***]
(c) does any act which is calculated to incite or encourage any individual or a class of individuals or the public generally to commit an offence under this Act or to commit a breach of any rule, regulation or order made or of conditions of a licence, permit, pass or authorization granted- thereunder, shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both.
_____________________
1. The word "commends" was deleted by Bom. 26 of 1952, s. 34.
2. The words "frustrating provisions of this Act" were deleted, Bom. 26 of 1952, s. 36 (3). 3. Clause (b) was deleted by Bom. 26 of 1952, s. 36(2).
Section 75A - Penalty for contravention of provisions of Section 43
1[75A. Penalty for contravention of provisions of Section 43 Whoever in contravention of the provisions of section 43,--
(a) drinks in a public place or in the rooms of a hotel or institution to which the public may have access;
(b) allows the use or consumption of any quantity of foreign liquor possessed by him to any other person;
(c) serves liquor at any ceremonial or other function or any assembly of persons where persons (not being members of his family or his employees) not holding permits under section 40, 41, 46A or 47 are present;
shall, on conviction, be punished for every such offence with imprisonment which may extend to six months, or with fine which may extend to one thousand rupees or with both.]
_______________________
1. This section was inserted by Bom. 22 of 1960, s. 59. Section 76 - Penalty for neglect to keep measures, etc.
Whoever in. contravention of the provisions of this Act, rule orregulation or order or condition of any licence, permit or pass granted underthis Act,--
(a)neglects to supply himself with measures and weights for measuring andweighing any intoxicant or hemp or with instruments for testing the strength ofliquor or keep the same in good condition, or
(b)refuses to measure, weigh, or test any intoxicant or hemp in hispossession 1 [or to have it weighed, measured or tested],
shall, on conviction, be punished for each suchoffence with fine which may extend to two hundred rupees.
______________________
1.These words were added,by Bom. 22 of 1960, s. 60.
Section 77 - Penalty for misconduct by licensee, etc.
Whoever, being the holder of a licence, permit,pass or authorization granted under this Act or a person in the employ of such holder or acting with his express or implied permission on his behalf-
(a) fails to produce licence, permit, pass or authorization on demand by a Prohibition Officer or any other officer duly empowered if such licence, permit, pass or authorization is in his possession or control, or
(b) wilfully does or omits to do anything in contravention of any rule, regulation or order made under this Act, or
1[***]
shall, on conviction, be punished for each offence with imprisonment for a term which may extend
to2[six] months, or with fine which may extend to3[five hundred] rupees or with both. _____________________
1. Clause (c) was deleted, Bom. 22 of 1960, s. 61(a).
2. This word was Substituted for the word "three" by Bom. 22 of 1960, s. 61(b).
3. These words were Substituted for the words "two hundred", Bom. 22 of 1960, s. 60.
Section 78 - Penalty for misconduct by licensed vendor or manufacturer
Whoever, being the holder of a licence for the sale or manufacture of any intoxicant under this Act, or a person in the employ of such holder or acting with his express or implied permission on his behalf-
(a) mixes or permits to be mixed with the said intoxicant any noxious drug or any foreign ingredient likely to add to the actual or apparent intoxicating quality or strength or any article prohibited by any rule made under this Act or water except for the purpose of reducing liquor to the strength prescribed in the licence, or any diluting or colouring Substance or any ingredient whatsoever likely to render the intoxicant inferior in quality whether such ingredient is or is not prohibited as aforesaid, when such admixture shall not amount to the offence of adulteration under Section 272of the IndianPenal Code,(XLVof 1860), or
(b) sells or keeps or exposes for sale as foreign liquor, liquor which he knows or has reason to believe to be country liquor, or
(c) marks the cork of any bottle, or any bottle, case, package or other receptacle containing country liquor, or uses any bottle, case, package or other receptacle containing country liquor, with any mark thereon or on the cork thereof with the intention of causing it to be believed that such bottle, case, package or other receptacle contains foreign liquor, when such act shall not amount to an offence of using a false trade mark with intent to deceive or
injure any person under Section 482 of the Indian Penal Code, (XLV of 1860), or
(d) sells or exposes for sale, any country liquor in a bottle, case or package or other receptacle, with any mark thereon, or on the cork thereof with the intention of causing it to be believed, that such bottle. case, package or other receptacle contains foreign liquor, when such act shall not amount to the offence of selling goods marked with a counterfeit trade mark under Section 486 of the Indian Penal Code, (XLV of 1860) or
(e) sells any intoxicant which is not of the nature, Substance and quality demanded by the purchaser or keeps or exposes for sale any intoxicant which is not of the nature, Substance and quality authorised by the terms of the licence to be kept for sale by the holder of the licence, shall, on conviction, be punished for each such offence with imprisonment for a term which may extend to six months and with fine which may extend to one thousand rupees.
Section 79 - Liability of licensee for acts of servants
The holder of a licence, permit, pass or authorisation granted under this Act shall be responsible, as well as the actual offender, for any offence committed by any person in his employ or acting with his express or implied permission on his behalf under the provisions of this Act as if he himself had committed the same, unless he shall establish that all due and reasonable precautions were exercised by him to prevent the commission of such offence;
Provided that no person other than the actual offender shall be punished with imprisonment except in default of payment of fine.
Section 80 - Import, export, etc. of intoxicant by any person on account of another
(1) Whenever any intoxicant, hemp, mhowra flowers or molasses are manufactured, imported, exported, transported, sold, or are possessed by any person on account of any other person and such other person knows or has reason to believe that such manufacture, import, export, transport, sale or possession is, on his account, the intoxicant, hemp, mhowra flowers or molasses, as the case may be, shall, for the purposes of this Act, be deemed to have been manufactured, imported, exported, transported or sold by or to be in possession of, such other person.
(2) Nothing in Sub-section (1) shall absolve any person from liability to any punishment under this Act for the unlawful manufacture, import, export, transport, sale or possession of such articles.
Section 81 - Penalty for attempts or abetment
Whoever attempts to commit or abets the commission of an offence under this Act shall, on conviction, be punished for such attempt or abetment with the same punishment as is provided for the principal offence,
Section 82 - Breach of licence, permit, etc. to be an offence
(1) In the event of any breach by the holder of any licence, permit, pass or authorisation granted under this Act or by his servants or by any person acting with his express or implied permission on his behalf of any of the terms or conditions of such licence, permit, pass or authorisation such holder shall, in addition to the cancellation or suspension of the licence, permit, pass or authorisation granted to him be punished, on conviction, with imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees or with both, unless it is proved that all due and reasonable precautions were exercised by him to prevent any such breach.
(2) Any person who commits any such breach shall, whether he acts with or without the permission of the holder of the licence, permit, pass or authorisation, be liable to the same punishment.
Section 83 - Penalty for conspiracy
When two or more persons agree--
(a) to commit or cause to be committed any offence under this Act, or
(b)1[***] to commit a breach of a condition of a licence, permit, pass or authorisation,
each of such persons shall, on conviction, be punished with imprisonment for a period which may
extend to two years or with fine which may extend to one thousand rupees or with both. _____________________
1. The words "to defeat or frustrate the provisions of this Act, rules, regulation or order, or" were deleted by Bom. 26 of 1952, s. 37.
Section 84 - Penalty for being found drunk in any drinking house
Whoever is found drunk or drinking in a common drinking house or is found there present for the purpose of drinking shall, on conviction, be punished with fine which may extend to five hundred rupees. Any person found in a common drinking house during any drinking therein shall be presumed, until the contrary is proved, to have been there for the purpose of drinking.
Section 85 - Penalty for being drunk and for disorderly behaviour
1[(1) Whoever, in any street or thoroughfare or public place or in any place to which the public have or are permitted to have access, behaves in a disorderly manner under the influence of drink shall, on conviction, be punished,--
(a) for a first offence, with rigorous imprisonment for a term which may extend to six months and with fine which may extend to one thousand rupees;
Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court, such imprisonment shall not be less than three months and fine shall not be less than five hundred rupees; and
(b) for a Subsequent offence, with rigorous imprisonment for a term which may extend to one year and also with a fine of one thousand rupees:
Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, such imprisonment shall not be less than six months and fine shall not be less than one thousand rupees.]
2[(2) In prosecution for an offence under Sub-section (1), it shall be presumed until the contrary is proved that the person accused of the said offence has drunk liquor or consumed any other intoxicant for the purpose of being intoxicated and not for a medicinal purpose.]
______________________
1. Sub-section (1) was Substituted by Mah. 33 of 1972, s. 2.
2. Sub-section (2) was added by Bom. 26 of 1952, s. 88.
Section 86 - Penalty for allowing any premises to be used for purpose of committing an offence under Act
(1) Whoever, being the owner or occupier or having the use or care or management or control of any place, knowingly permits it to be used for the purpose of the commission by any Other person of any offence punishable under this Act, shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both:
Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, the imprisonment shall not be less than three months and fine shall not be less than five hundred rupees.
(2) It shall be presumed until contrary is proved, that a person accused of an offence under Sub-section (1) has committed such offence if the offence committed by that other person is proved to have been committed in the premises in his immediate possession.
Section 87 - Penalty for chemist, druggist or apothecary for allowing his premises to be used for purpose of consumption of liquor
A chemist, druggist, apothecary or keeper of a dispensary who allows any liquor, which has not been bona fide medicated for medicinal purposes according to the prescription of a1[registered medical
practitioner] or any intoxicating drug to be consumed on his business premises by any person, shall, on conviction, be punished with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
_____________________
1. These words were Substituted for the word "medical practitioner" by Bom. 12 of 1959, s. 10. Section 88 - Penalty for issuing false prescriptions
If a1[registered medical practitioner] issues a prescription with the intention that such prescription shall be used by the person to whom it is issued for the purpose of consuming liquor, intoxicating drug or opium in contravention of the provisions of this Act, or rule regulation or order made thereunder or any licence, permit, pass or authorisation granted under this Act, he shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both.
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1. These words were Substituted for the word "medical practitioner" by Bom. 12 of 1959, s. 10. Section 89 - Penalty for maliciously giving false information
Any person who maliciously and falsely gives information to any person exercising powers under this Act leading to a search, seizure, detention or arrest shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both.
Section 90 - Penalty for offences not otherwise provided for
Whoever is guilty of any wilful act or intentional omission in contravention of the provisions of this Act, or any rule, regulation, or order thereunder or of any licence, permit, pass or authorisation granted, under this Act, and if such act or omission is not otherwise made an offence under this Act shall, on conviction, be punished with the imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees or with both.
Section 91 - Demand for security for abstaining from commissioner of certain offences
(1) Whenever any person is convicted of an offence punishable under this Act. the Court convicting such person, may, at the time of passing the sentence on such person, order him to execute a bond for a sum proportionate to his means with or without sureties to abstain from the commission of offences punishable under the provisions of this Act during such period not exceeding three years as it may direct.
(2) The bond shall be in such form as may be provided under the provisions of Code of Criminal Procedure, 1898 (V of 1898), and the provisions of the said code shall in so far as they are applicable apply to all matters connected with such bond if it were a bond to keep the peace ordered to be executed under Section 106 of the said code.
(3) If the conviction is set aside in appeal the bond so executed shall become void.
Section 92 - Release of offenders on bond
Deleted by Bom. 67 of 1953, s. 2.
Section 93 - Demand of security for good behaviour
(1) Whenever a1[Presidency Magistrate specially empowered by the State Government in this behalf in Greater Bombay and elsewhere, a District Magistrate or Sub-Divisional Magistrate] receive information that any person within the local limits of his jurisdiction habitually commits or attempts to commit or abets the commission of an offence punishable under this Act such Magistrate may require such person to show cause why he should not be ordered to execute a bond, with sureties, for his good behaviour for such period not exceeding three years as the Magistrate may direct.
(2) The provisions of the Code of Criminal Procedure, 1898, (V of 1898), shall in so far as of they are applicable apply to any proceedings under Sub-section (1) as if the bond referred to therein were a bond required to be executed under Section 110 of the said code.
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1. These words were Substituted for the original by Bom. 21 of 1954, s. 3 Second Schedule.
Section 94 - Execution of bonds in respect of minors
If any person in respect of whom a bond is ordered to be executed under1[Sections 91 and 93] is a minor, the bond shall be executed by his guardian.
_____________________
1. These words were Substituted for the words "the last three preceding sections" by Bom. 67 of 1953, s. 3.
Section 95 - Punishment for vexatious search seizure or arrest
Any officer or person exercising powers under this Act who-
(a) maliciously enters or searches or causes to be entered or searched, any building or house or similar dwelling place; or
(b) vexatiously and unnecessarily seizes the property of any person on the pretence of seizing or searching for anything liable to confiscation under this Act; or
(c) vexatiously and unnecessarily detains, searches or arrests any person, or
(d) in any other way maliciously exceeds or abuses his lawful powers, shall, on conviction, be punished with imprisonment for a term which may extend to one year or with fine which may extend to one thousand rupees or with both,
Section 96 - Punishment for vexatious delay
1 [96. Punishment for vexatiousdelay
Any officeror person exercising powers under this Act who vaxatiously and unnecessarilydelays forwarding to a Magistrate or to the officer-in-charge of the nearestpolice station as required by the provisions of this Act any person arrested orarticle seized under this Act shall, on conviction, be punished withimprisonment for a term which may extend to one year or with fine which mayextend to one thousand rupees, or with both.]
______________________
1.Thissection was Substituted for the original by Bom. 22 of 1960, s.62.
Section 97 - Punishment for Abetment for escape of persons arrested
Any officer or person exercising power under this Act, who-
(a) unlawfully releases any person arrested under this Act, or
(b) abets the escape of any person arrested under this Act, or
(c) abets the commission of any offence against this Act, and any other officer of the1[Government] or of a local authority who abets the commission of any offence against this Act,
shall, on conviction, be punished with imprisonment for a term which may extend to one year or with fine which may extend to one thousand rupees, or with both.
_____________________
1. This word was Substituted for the word "Crown" by the Adaptation of Laws Order, 1950. Section 98 - Things liable to confiscation
(1) Whenever any offence punishable under this Act has been committed,
(a) any intoxicant, hemp, mhowra flowers, molasses, materials, still, utensil, implement or apparatus in respect of which the offence has been committed,
(b) where in the case of an offence involving illegal possession, the offender has in his lawful possession any intoxicant, hemp, mhowra flowers or molasses other than those in respect of which an offence under this Act has been committed, the entire stock of such intoxicant, hemp, mhowra flowers or molasses,
(c) where, in the case of an offence of illegal import, export or transport, the offender has attempted to import, export or transport any intoxicant, hemp, mhowra flowers or molasses, in contravention of the provisions of this Act, rule, regulation or order or in breach of a condition of licence, permit, pass or authorisation, the whole quantity of such intoxicant, hemp, mhowra flowers or molasses which he has attempted to import, export, or transport,
(d) where in the case of an offence of illegal sale, the offender has in his lawful possession any intoxicant, hemp, mhowra flowers or molasses other than that in respect of which an offence has been committed, the whole of such other intoxicant, hemp, mhowra flowers or molasses, shall be confiscated by the order of the court.
(2) Any receptacle, package or covering in which any of the articles liable to confiscation under Sub-section (1) is found and the other contents of such receptacle, package or covering and the animals, carts, vessels or other conveyances used in carrying any such article shall likewise be liable to confiscation by the order of the Court.
Section 99 - Return of things liable to confiscation to bona fide owners
When during the trial of a case for an offence under this Act theCourt decides that anything is liable to confiscation under the foregoingsection, the Court may, after hearing the person, if any, claiming any rightthereto and the evidence, if any, which he produces in support of his claim,order confiscation, or in the case of any article other than an intoxicant,hemp, mhowra flowers or molasses give the owner an option to pay fine as theCourt deems fit in lieu of confiscation:
Provided that no animals, cart, vessel, vehicle orother conveyance shall be confiscated if the owner thereof satisfies the Courtthat he had exercised due care in preventing the commission of the offence.
Section 100 - Procedure in confiscation
When an offenceunder this Act has been committed and the offender is not known or cannot befound or when anything liable to confiscation under this Act is found orseized, the 1 [Commissioner], Collector or any other officer authorised by the2 [State] Government in this behalf may make an inquiry and if after suchinquiry is satisfied that an offence has been committed, may order the thingfound to be confiscated:
Provided that no such order shall be made beforethe expiry of one month from the date of seizure, or without
hearing 3 [theperson, if any, claiming any right thereto] and the evidence, if any, which heproduces in support of his claim.
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1.Thisword was Substituted for the word "Director" by Mah. 52 of 1973, s.3, Sch.
2.Thisword was Substituted for the word "Provincial" by the Adaptation ofLaws Order, 1950.
3.Thesewords were Substituted for the words "any person who can claim any rightthereto" by Bom. 22 of 1960, s. 63.
Section 101 - Power of collector etc. to order sale or destruction of articles liable to confiscation
If the thing in question is liable to speedy and natural decay, or if the1[Commissioner], Collector,2[Court] or the officer authorised by the3[State] Government in this behalf is of opinion that
the sale would be for the benefit of the owner, the1[Commissioner], Collector,2[Court] or the officer may at any time direct it to be sold and the provisions of section 99 or 100 shall apply so far as may be to the net proceeds of the sale:
4[Provided that, where anything is liable to speedy and natural decay, or is of trilling value, the Court, or the officer concerned may order such thing to be destroyed, if in its or his opinion such order is expedient in the circumstances of the case.]
______________________
1. This word was Substituted for the word "Director" by Mah. 52 of 1973, s. 3, Sch.
2. This word was Substituted for the word "Magistrate" by Bom. 21 of 1954,s. 3, Second Schedule.
3. This word was Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
4. This proviso was Substituted for the original by Bom. 22 of 1960, s. 64.
Section 102 - Forfeiture of any publication containing advertisement matter soliciting use of intoxicants
(1) Where any newspaper, news-sheet, book, leaflet or other publication wherever printed or published appears to the2[State] Government to contain any advertisement or matter3* soliciting the
use of, or offering any intoxicant or hemp, the2[State] Government may, by notification in the Official Gazette, declare every copy of such newspaper, news-sheet, book, leaflet, booklet or other
publication whether printed or published in the4[State] or outside to be forfeited to5[the State Government], and thereupon any Police Officer may seize the same wherever found in the2[State].
Any Magistrate may by warrant authorize any Police Officer not below the rank of Sub-Inspector to enter upon and search for the same in any premises where any copy of such issue or any such newspaper, news-sheet, book, leaflet, booklet or other publication may be or may be reasonably suspected to be. Every warrant issued under this section shall be executed in the manner provided for the execution of search warrants under the Code of Criminal Procedure, 1898 (V of 1898).6
(2) The declaration of the2[State] Government under this section shall be final and shall not be
questioned in any Civil or Criminal Court.
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1. This word was Substituted for the word "commending" by Bom. 26 of 1952, s. 39.
2. This word was Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
3. The word "commending" was deleted by Bom. 26 of 1952, s. 39.
4. This word was Substituted for the words "pre-Reorganisation State of Bombay, excluding the transferred territories" by Bom. 12 of 1959, s. 3.
5. These words were Substituted for the words "His Majesty" by the Adaptation of Laws Order, 1950. 6. See now the code of Criminal Procedure, 1973 (2 of 1974).
Section 103 - Presumption as to commission of offences in certain cases
(1)In prosecutions under any of the provisions of this Act, it shall bepresumed without further evidence until the contrary is proved, that theaccused person has committed an offence under this Act in respect of anyintoxicant, hemp, mhowra flowers or molasses or any still, utensil, implementor apparatus, whatsoever for the manufacture of any intoxicant 1 [***]2 [or anymaterials which have undergone any process towards the manufacture of anyintoxicant or from which an intoxicant has been manufactured], for thepossession of which he is unable to account satisfactorily.
3 [***]
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1.Thewords "as are ordinarily used in the manufacture of such intoxicant"were deleted by Bom. 22 of 1960, s. 65(a).
2.Thesewords were inserted by Bom. 20 of 1955, s. 8.
3.Sub-section (2) was deleted by Bom. 22 of 1960, s. 65(b).
Section 103A - Report of certain registered medical officers as evidence
Deleted by Bom. 12 of 1959, s. 12.
Section 104 - Compounding of offences
(1) The1[State] Government may sanction the acceptance from any person whose licence, permit, pass or authorization is liable to be cancelled or, suspended under the provisions of this Act or who is reasonably suspected of having committed an offence under section2[69, 70, 77, 82 or] 108, of a sum of money in lieu of such cancellation or suspension or by way of composition for the offence which may have been committed, as the case may be; and in all cases in which any property other than the intoxicant, hemp, mhowra flowers or molasses has been seized as liable to confiscation under this Act may release the same on payment of the value thereof as estimated by the1[State] Government or such officer as the1[State] Government may authorize in this behalf:
Provided that where a person who is reasonably suspected of having committed an offence under section2[69, 70, or] 108, is not the holder of a licence, permit, pass or authorization granted under
this Act or a person in the employ of such holder or a person acting with his express or implied permission on his behalf, the sum of money which may be accepted from such person by way of composition shall not exceed five hundred rupees:
3[Provided further, that, in the case of a person who is reasonably suspected of having committed an
offence under section 108, the sum of money which may be accepted from him by way of composition for the offence shall be in addition to the duty or fee required to be paid by him under this Act.]
(2) On the payment by such person of such sum of money, or such value or both, as the case may be, such person, if in custody, shall be set at liberty and the property seized may be released and if any proceedings shall have been instituted against such person in any Criminal Court, the composition shall be held to amount to an acquittal and in no case shall any further proceedings be taken against such person or property with reference to the same facts.
_____________________
1. This word was Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
2. These figures and word were inserted by Bom. 26 of 1952, s. 40.
3. This proviso was added by Bom. 22 of 1960, s. 66.
Section 104A - Bombay Probation of Offenders Act, 1938, and Section 562 of Code of Criminal Procedure, 1898, not to apply to persons convicted of offence under this Act
1[104A. Bombay Probation of Offenders Act, 1938, and Section 562 of Code of Criminal Procedure, 1898, not to apply to persons convicted of offence under this Act
Nothing in the Bombay Probation of Offenders Act, 1938 (Bom. XIX of 1938), or2[in any law corresponding to that Act in force in any part of the State or in the Probation of Offenders Act, 1958, (XX of 1958), where that Act is brought into force in any part of the State or in] Section 562 of the Code of Criminal Procedure, 1898 (V of 1898)3, shall apply to any person convicted of any offence under this Act]
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1. Section 104A was inserted by Bom. 67 of 1953, s. 4.
2. These words and figures were inserted by Bom. 12 of 1959, s. 13. 3. See now the Code of Criminal Procedure, 1973 (2 of 1974). Chapter 8 - EXCISE DUTIES
Chapter 8 EXCISE DUTIES
Section 105 - Excise Duties
1[(1) An excise duty or countervailing duty, as the case may be, at such rate or rates as the2[State] Government shall direct may be imposed either generally or for any specified local area on-
(a) any alcoholic liquor for human consumption. (b) any intoxicating drug3[or hemp],
4[(c) opium,]
(d) any other excisable article,]
when imported, exported, transported, possessed, manufactured or sold5[in or from the6[State], as the case may be]:
Provided that duty shall not be so imposed on any article which has been imported into7[the territory of India] and was liable on such importation to duty under the Indian Tariff Act, 1934 (XXXII of 1934),
or the Sea Customs Act, 18788(VIII of 1878),9[or on any medicinal or toilet preparation containing alcohol, opium, hemp or other narcotic drugs or narcotics.]
10[Explanation.-Duty may be imposed under this section at different rates,--
(i) according to the places to which an excisable article is to be removed for consumption; or (ii) according to the varying strengths or quality of such article; or
(iii) according to the manufacturing cost of the excisable article, declared in writing, by the manufacturer or the exporter to the State, to the prescribed authority and authenticated by that authority.]
(2)11[* * * * * *] according to the places to which an excisable article is to be removed for consumption or according to varying strengths or quality of such article.
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1. Section 105 was renumbered as Sub-section (1) by the Adaptation of Laws Order, 1950.
2. This word was Substituted for the word "Provincial", the Adaptation of Laws Order, 1950.
3. These words were added by Bom. 22 of 1960, s. 67 (a).
4. This clause was Substituted for the original Bom. 22 of 1960, s. 67(b).
5. These words were Substituted for the words and figures "in accordance with the provisions contained in Chapter IV of this Act" by Bom. 16 of 1952, s. 41.
6. This word was Substituted for the words "Pre-Reorganisation State of Bombay, excluding the transferred territories" by Bom. 12 of 1959, s. 3.
7. These words were Substituted for the words "the Dominion of India" by the Adaptation of Laws Order, 1950,
8. See now the Customs Act, 1962 (52 of 1962).
9. These words were added by Bom. 22 of 1960, s. 67 (c). 10. Substituted. by Man. Act. 9 of 1997, Section 2.
11. Deleted by Bombay 12 of 1959, Section 14.
Section 106 - Manners of levying excise duties
Subject to any regulations to regulate the time, place and manner of payment made by the1[Commissioner] in this behalf, the duties referred to in Section 105 may be levied in one or more of the following ways:-
(a) In the case of an excisable article imported-
(i) by payment either in the2[State] at the time of its import or in the3[State] or territory of export at the time of its export, or
(ii) by payment upon issue for sale from a warehouse established or licensed under the provisions of this Act;
(b) in the case of an excisable article exported by payment in the4[State] at the time of its export, or in the3[State] or territory of import;
(c) in the case of excisable articles transported-
(i) by payment in the district from which they are transported, or
(ii) by payment upon issue for sale from a warehouse established or licensed under the provisions of this Act;
(d) in the case of spirit or beer manufactured in any distillery established or any distillery or brewery licensed under this Act-
(i) by a rate charged upon the quantity produced in or issued from the distillery or brewery, as the case may be, or issued from a warehouse established or licensed under this Act, or
(ii) by a rate charged in accordance with such4[scale of equivalents] calculated on the quantity of materials used or by the degree or attenuation of the wash or wort, as the case may be, as
the3[State] Government may prescribe;
(e) in the case of intoxicating drugs manufactured5[in the2[State]] by payment upon the quantity
produced or manufactured or issued from a warehouse established or licensed under this Act:
Provided that, where payments is made upon issue for sale from a warehouse established or licensed under this Act, such payment shall be at the rate of the duty in force at the date of issue from the warehouse;
Provided further that where one and the same person is permitted-
(i) to manufacture or import and to sell, or
(ii) to manufacture and export,
country liquor or any intoxicant, such duty may be levied in consideration of the joint privileges granted, as the Collector deems fit.
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1. This word was Substituted for the word "Director" by Mah. 52 of 1973, s. 3 Sch.
2. This word was Substituted for the words "pre-Reorganisation State of Bombay, excludingthe transferred territories", by Bom. 12 of 1959, s. 3.
3. This word was Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. 4. These words were Substituted for the words "sale of equivalents" by Bom. 22 of 1960, s. 68.
5. These words were Substituted for the word "in pursuance of a licence granted under this Act" by Bom. 26 of 1959, s. 42.
Section 107 - Power to exempt, remit or refund excise duty
Deleted by Bom. 22 of 1960, s. 69.
Section 107A - Declaration of stock of articles mentioned in Section 24A; maintenance of accounts and Submission of returns
1[107A. Declaration of stock of articles mentioned in Section 24A; maintenance of accounts and Submission of returns
Every person who imports or manufactures any of the articles mentioned in Section 24A shall--
(a) Submit to the Collector within such period and in such form, as may be prescribed, a declaration
of the quantity of such article in his possession on the importation or manufacture of the said article, as the case may be;
(b) maintain accounts of the articles in such form and Submit such returns as may be prescribed. ______________________
1. Section 107A and 107B were inserted by Bom. 26 of 1952, s. 44.
Section 107B - Power to obtain information and to search and seize excisable articles
(1) The Collector or any officer empowered by the State Government in this behalf may, Subject to such conditions as may be prescribed,--
(a) by order require any person liable to pay any excise duty or fee under this Chapter to furnish him with any information or to produce before him any accounts or other documents concerning any excisable article as may be necessary, for the purposes of this Chapter;
(b) inspect at all reasonable hours the accounts or other documents relating to the stocks of any excisable article imported or manufactured or stored in respect of which such duty or fee has been paid or is payable and any place where such article is manufactured or stored;
(c) for reasons to be recorded in writing, enter any such place where he knows or has reason to believe that any excisable article in respect of which such duty or fee has not been paid is being imported or manufactured or stored and search for the same and seize any stocks of such article found therein and detain the same until such time as proof of payment of such duty or fee is produced or such further time as may be necessary for taking action under Section 98, 99 or 100 or for prosecuting for an offence under Section 108.
(2) Whoever--
(a) fails to furnish any information or produce any accounts or other documents in compliance with an order made under clause (a) of Sub-section (1) or1[furnishes false information or produces false accounts or documents; or]
(b) obstructs any officer making an inspection, entry, a search or a seizure under clause (b) or clause (c) of Sub-section (1),
shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both.]
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1. These words were added by Bom. 22 of 1960, s. 70.
Section 108 - Penalty for import of intoxicant, etc., without payment of duty
Whoever imports, exports, transports, possesses,1[sells] or manufactures any intoxicant or hemp without the payment of duty or fee provided for under this Act shall, on conviction2[in addition to
being required to pay such duty or fee, be punished with imprisonment for a term which may extend to one year or with fine which may extend to one thousand rupees or the amount of such duty or fee, whichever is greater, or with both.
_____________________
1. This word was inserted by Bom. 26 of 1952, 5, 45(1).
2. This portion was Substituted for the portion beginning with the words "be liable to the same punishments" and ending with the words "of this Act", Bom. 26 of 1952, s. 45 (2).
Section 109 - Duty on tapping of toddy trees
(1) For every toddy-producing tree1[which is tapped or licensed to be tapped or in respect of which a licence for drawing toddy therefrom is granted] there shall, if the2[State] Government so directs, be levied for any period during which such tree is tapped or licensed to be tapped, such duty as the2[State] Government may from time to time direct.
(2) Every licence3[for the tapping of, and drawing toddy from, toddy-producing trees] granted under this Act shall specify in addition to any other particulars prescribed under the provisions of this Act or rules and regulations-
(a) the number, description and situation of the trees to be tapped.
(b) the amount of duty to be levied in respect of each tree,
(c) the instalments, if any, in which and the period at which the said duty shall be leviable.
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1. These words were Substituted for the words "from which toddy is drawn" by Bom. 22 of 1960, s. 71 (a).
2. This word was Substituted for the word "Provincial" by the Adaptation of Laws, Order, 1950. 3. These words were Substituted for the words "for drawing toddy" by Bom. 22 of 1960, s.71(b). Section 110 - Duty by whom payable
The duty on toddy-producing trees shall be leviable primarily from the person holding the licence1[to tap them and to draw toddy there from] and in default by him or if the trees are tapped without licence, from the owner of the trees.
_____________________
1. These words were Substituted for the words "to draw toddy" Bom. 22 of 1960, s. 72. Section 111 - Owner of trees entitled to assistance for duty paid
When the duty on toddy-producing trees, is levied from the owner of thetrees, he shall be entitled to assistance in recovering the same, from theholder of the licence under the provisions of the law for the time being inforce relating to the recovery by superior holders of their dues from theirtenants.
Section 112 - Privilege of drawing toddy from trees belonging to Government
The privilege of drawing toddy from trees the right to which vests in the1[State] Government may be disclosed of2* by auction 6r otherwise on such terms as the Collector deems fit.
______________________
1. This word was Substituted for the word "Provincial" by the Adaptation of Laws, Order, 1950. 2. The word "annually" was deleted, the Adaptation of Laws, Order, 1950., s. 73.
Section 113 - Rules for levy of duty on opium, etc.
Deleted by Bom. 22 of 1960, s.74.
Section 114 - Recovery of duties, etc.
1 [114. Recovery of duties,etc.
(1) All duties,taxes, fines (except fines imposed by a Court) and fees leviable under any of theprovisions of this Act or
in respect of any licence, permit, pass orauthorisation granted under it, and the cost of the supervising staff
appointedunder section 58-A. 2 [if not paid within the due date or the prescribed period, shall be recovered from anyperson liable to pay the same or from his surety, if any, with simple interestat the rate of 2 per cent per month, from the date it has become due, as ifthey were arrears of land revenue].
(2) When any person, in compliance with any rule, regulationor order made under this Act, gives a bond (other than a bond under Section 91or 93) for the performance of an act, or for his abstention, from any Act, suchperformance or abstention shall be deemed to be a public duty within themeaning of Section 74 of the Indian Contract Act, 1872 and upon breach of theconditions of such bond by him, the whole sum named therein as the amount to bepaid in case of such breach may be recovered from him or from his surety (ifany) as if it were an arrear of land revenue.]
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1.This section wasSubstituted for the original, the Adaptation of Laws, Order, 1950., s. 75.
2.These words wereSubstituted by Mah. 18 of 1998.
Chapter 9 - POWERS AND DUTIES OF OFFICERS AND PROCEDURE
Chapter 9 POWERS AND DUTIES OF OFFICERS AND PROCEDURE
Section 115 - Magistrate's power to impose enhanced penalties
1[115. Magistrate's power to impose enhanced penalties
Notwithstanding, anything contained in section 32 of the Code of Criminal Procedure, 18982(V of 1898), it shall be lawful for any Presidency Magistrate or any Magistrate of the First Class to pass any sentence authorised by this Act in excess of his powers under Section 32 of the said code, provided that the fine shall not exceed three thousand rupees.]
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1. This section was Substituted for the original by Bom. 22 of 1960, s. 76.
2. See now Code of Criminal Procedure, 1973 (2 of 1974).
Section 116 - Procedure to be followed by magistrates
In all trials for offences under this Act, the Magistrate shall follow the procedure prescribed in the Code of Criminal Procedure, 18981(V of 1898), for the trial of summary cases in which an appeal lies.
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1. See now Code of Criminal Procedure, 1973 (2 of 1974). Section 116A - Tender of pardon to accomplice
1 [116A. Tender of pardon toaccomplice
(1)Whenever two or more persons are prosecuted for an offence under this Act, aPresidency [Magistrate or any Magistrate of the First Class may, at any stageof the investigation or inquiry into or the trial of offence, with a view toobtaining the evidence of any person supposed to have been directly orindirectly concerned in, or privy to the offence, tender a pardon to suchperson on condition of his making a full and true disclosure of all factswithin his
knowledge relative to the offence.
(2) Every Magistrate, who tenders a pardon under Sub-section (1), shall record his reasons for so doing.
(3) Every person, accepting a tender under thissection, shall be examined as a witness in the Court of the Magistrate takingcognizance of the offence, and, in the Subsequent trial, if any.
(4) The provisions of sections 339 and 339A of theCode of Criminal Procedure, 18982 , shall apply to the trial of a person to whompardon has been tendered under this Section as they apply to a person to whompardon has been tendered under Section 337 or 338 of that code.
Explanation:-For the purposes of Sub-section (4),the reference of the Public Prosecutor, in Section 339 of the said code shallinclude a reference to any officer conducting a prosecution under this Act.]
_____________________
1.This section wasinserted, by Bom. 22 of 1960, s. 77.
2.See now Code of CriminalProcedure, 1973 (2 of 1974).
Section 117 - Investigations arrests, searches, etc., how to be made
Save as otherwise expressly provided in this Act, all investigations, arrests, detentions in custody and searches shall be made in accordance with the provisions of the Code of Criminal Procedure 18981.
Provided that2[***] no search shall be deemed to be illegal by reason only of the fact that witnesses for the search were not inhabitants of the locality in which the place searched is situated.
______________________
1. See now Code of Criminal Procedure, 1973 (2 of 1974).
2. The portion beginning with the words "in any local area" and ending with the words "State Government" were deleted by Bom. 26 of 1952, s. 46.
Section 118 - Procedure of Code of Criminal Procedure relating to cognizable offences to apply
1 [118. Procedure of Code of Criminal Procedurerelating to cognizable offences to apply
In the absence of any provision tothe contrary in this Act, the provisions of the Code of Criminal Procedure, 18982
with respect to cognizable offences shall apply to offences under thisAct.]
______________________
1.These sections wereSubstituted for the original by Bom. 22 of 1960, s. 78.
2.See now Code of CriminalProcedure, 1973 (2 of 1974).
Section 119 - Certain offences to be non
Offences under sections 65, 67, 67-IA and 68 shall be non-bailable].
Section 120 - Power of entry and inspection
1 [120. Power of entry andinspection
The 2 [Commissioner], Collector or any Prohibition Officer duly empowered in thisbehalf by the State Government,
or any Police Officer may--
(a)enter at any time by day or by night, any warehouse, godowns, shop,premises, house, building, vessel, vehicle or enclosed place in which he hasreason to believe that any intoxicant, hemp, mhowra flowers, molasses, materialor article liable to confiscation under, this Act is manufactured, kept orconcealed or that any still, utensil, implement or apparatus is used, kept, orconcealed for the purpose of manufacturing any intoxicant contrary to the provisions of this Act;
(b)in case of resistance break open any door and remove any other obstaclesto his entry into any such warehouse, godown, shop, premises, house, building,vessel, vehicle or enclosed place;
(c) seize any intoxicant,hemp, mhowra flowers, or molasses and any material used in the manufacture ofany intoxicant and any still, utensil, implement, or apparatus and any otherthing which he has reason to believe to be liable to confiscation under thisAct and any document or other article which he has reason to believe mayfurnish evidence of the commission of any offence under this Act; and
(d)detain and search and if he thinks proper arrest any person whom he hasreason to believe to be guilty of any offence under this Act.]
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1.This section wasSubstituted for the original, by Bom. 22 of 1960, s. 79.
2.This word wasSubstitutedfor the word "Director" by Mah. 52 of 1973, s. 3 Sch.
Section 121 - Power to open packages etc.
(1) Any Prohibition Officer duly empowered in this behalf by the1[State] Government or any Police Officer may open any package and examine any goods and may2[stop and search] for any
intoxicant, hemp, mhowra flowers, or molasses any vessel, vehicle or other means of conveyance3[and may seize any intoxicant, hemp, mhowra flowers, molasses or any other thing liable to confiscation or forfeiture under this Act or any other law for the time being in force relating to excise revenue found while making such search.]
(2) The unloading and carrying of goods, the bringing of them to the place appointed under Sub-section (3) for examination, the opening and repacking of them, where such operations4[are necessary for searches made] under this section and the removing of goods to and placing of them in the place appointed under Sub-section (3)5[for examination or deposit], shall be performed by or at the expense of the owner of such goods.
(3) The owner of goods or the persons in-charge of the goods shall, if so required by any officer conducting the search, take the goods6[to a place appointed in Greater Bombay by the Commissioner of Police, Bombay and elsewhere, by the District Magistrate] for the purpose of examination or deposit.
7[(4) The expenses incurred by the State Government for any of the purposes mentioned in Sub-section (2) may be recovered from the owner, or as the case may be, the person-in-charge, of the goods as arrears of land revenue.]
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1. This word was Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. 2. These words were Substituted for the words "stop or search" by Bom. 22 of 1960, s. 80 (a).
3. These words were added by Bom. 26 of 1952, s. 47.
4. These words were Substituted for words "are necessary to be made" by Bom. 22 of 1960, s. 80(b) (I).
5. These words were Substituted for the words "for deposit"; Bom. 22 of 1960, s. 80 (b)(ii).
6. These words were Substituted for the words "to a place appointed by the District Magistrate or the Commissioner of Police, Bombay" Bom. 22 of 1960, s. 80(c).
7. This Sub-section was Substituted for the original, Bom. 22 of 1960, s. 80(d).
Section 122 - Power to require production of licences
1 [122. Power to require production oflicences
(1)The 2 [Commissioner] or Collector or any Prohibition Officer duly empowered inthis behalf by the State
Government or any Police Officer may-
(a) require a licensed manufacturer or vendor ortapper or drawer of toddy or a person in the employ of such manufacturer orvendor or tapper or drawer of toddy or acting with his express or impliedpermission on his behalf to produce the licence, permit, pass or authorisationissued under this Act under which he carries on the manufacture, storage orsale of any intoxicant, hemp, mhowra flowers or molasses or taps,toddy-producing trees or draws toddy therefrom;
(b)enter andinspect, at any time by day or by night, any land on which toddy-producing treesare growing, whether such trees are licensed for tapping or not, and anywarehouse, godown, shop or premises in which any licensed manufacturer or vendormanufacturer, stores, or sells any intoxicant, hemp, mhowra flowers or molassesand examine, test, measure or weigh any stock of any such articles or cause anysuch stock to be examined, tested, measured or weighed.
(2) If any officer mentioned in Sub-section (1)finds that the holder of a licence, permit, pass or authorisation issued underthis Act, or a person in the employee of such holder or acting with his expressor implied permission on his behalf wilfully does or omits to do anything,which is an offence under this Act, such officer may seize any intoxicant,hemp, mhowra flowers or molasses or any material or article in respect of whichthe offence is committed and any document or other article which he has reasonto believe may furnish evidence of the commission of an offence under this Actand send a report to his official superior for such action as he deems fit].
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1. This section wasSubstituted for the original Bom.22 of 1960, s. 81.
2. This word wasSubstitutedfor the word "Director" by Mah. 52 of 1973, s. 3 Sch.
Section 123 - Arrest of offenders and seizure of contraband articles
(1) Any Prohibition Officer authorised by the1[State] Government in this behalf or any Police Officer may-
(a) arrest without warrant any person whom he has reason to believe to be guilty of an offence under this Act;
(b) seize and detain any intoxicant hemp, mhowra flowers or molasses or other articles which he has reason to believe to be liable to confiscation or forfeiture under this Act2[and seize any document or other article which he has reason to believe may furnish evidence of the commission of any offence under this Act.
(2) Any Prohibition Officer authorised by the1[State] Government under this section who arrests any person under clause (a), or seizes and detains any article under clause (b), of Sub-section (1) shall forward such person or article, as the case may be, without unnecessary delay to the officer-in-charge of the nearest Police Station.
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1. This word was Substituted for the word "Provincial" by Adaptation of Laws Order, 1950. 2. These words were added by Bom. 22 of 1960, s. 82.
Section 124 - Power to obtain information
(1) The1[Commissioner] or Collector or any Prohibition Officer specially empowered in this behalf by the2[State] Government or a Police Officer may, by order require any person to furnish to any
specified authority or person any such information in his possession concerning any intoxicant, hemp, mhowra flowers or molasses as may be specified in the order.
(2) If any person fails to furnish any information in compliance with the order made under Sub-section (1) or furnishes false information, he shall, on conviction be punished with imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees or with both.
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1. This word was Substituted for the word "Director" by Mah. 52 of 1973, s. 3. Sch. 2. This was Substituted for the word "Provincial" by Adaptation of Laws Order, 1950 Section 125 - Power to seize intoxicants, etc.
The1[Commissioner], Collector or any Prohibition Officer duly empowered in this behalf or any Police Officer may-
(a) seize in any open place, or in transit any intoxicant, hemp, mohwra flowers or molasses or any other thing which he has reason to believe to be liable to2[confiscation or forfeiture] under this Act or
any other law for the time being in force relating to excise revenue3[and any document or other article which he has reason to believe may furnish evidence of the commission of an offence under this Act;]
(b) detain and search any person whom he has reason to believe to be guilty of any offence against this Act or any other law for the time being in force relating to excise revenue, and if such person has any intoxicant, hemp, mhowra flowers, molasses or4[other thing] in his possession, arrest him.
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1. This word was Substituted for the word "Director" by Mah. 52 of 1973, s. 3. Sch.
2. These words were Substituted for the word "confiscation" by Bom. 22 of 1960, s. 83 (a). 3. These words were added, Bom. 22 of 1960, s. 83(a).
4. These words were Substituted for the words "any other thing", Bom. 22 of 1960, s. 83(b). Section 126 - Arrest without warrant
The1[Commissioner], Collector or any Prohibition Officer duly empowered in this behalf by the2[State] Government or any Police Officer may arrest without an order from a Magistrate and
without warrant any person who obstructs him in the execution of his duties under this Act or who has escaped or attempts to escape from custody in which he has been or is lawfully detained under this Act.
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1. This word was Substituted for the word "Director" by Mah. 52 of 1973, s. 3. Sch. 2. This was Substituted for the word "Provincial" by Adaptation of Laws Order, 1950. Section 127 - Arrest of offenders failing to give names
(1) When any person who in the presence of the1[Commissioner], Collector or any Prohibition Officer not below such rank as the2[State] Government may determine, has committed or has been accused
of committing an offence under this Act, refuses on demand of such officer to give his name and residence or gives a name and residence which such officer has reason to believe to be false, he may be arrested by such officer, in order that his name or residence may be ascertained.
(2) When the true name and residence of such person have been ascertained, he shall be released on his executing a bond with or without sureties, to appear before3[a Magistrate having jurisdiction] when so required:
Provided that if such person is not resident in4[India], the bond shall be secured, by a surety or sureties residing in4[India].
(3) If the true name and residence of such person is not ascertained within twenty-four hours from the time of the arrest, or if he fails to execute the bond or if so required, to furnish sufficient sureties, he shall forthwith be forwarded to the nearest Magistrate having jurisdiction.
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1. This word was Substituted for the word "Director" by Mah. 52 of 1973, s. 3. Sch.
2. This was Substituted for the word "Provincial" by Adaptation of Laws Order, 1950.
3. These words were Substituted for the words "a Magistrate" by Bom. 21 of 1954, s. 3, Second Schedule.
4. This word was Substituted for the words "the Dominion of India" by the Adaptation of Laws Order 1950.
Section 128 - Issue of warrants
(1) The 1 [Commissioner],Collector or any Prohibition Officer duly empowered in this behalf 2 [orin Greater Bombay, a Deputy Commissioner of Policeor 3 [an Assistant Commissioner of Police] in charge of a Division, or a Magistrate or 4 [a Superintendent ofPolice] or an Assistant or Deputy Superintendent of Police specially empoweredby the5 [State] Government in thisbehalf may issue a warrant--
(a)for the arrest of any person whom he hasreason to believe to have committed an offence under this Act or any other lawrelating to the excise revenue for the time being in force;
(b)for the search whether by day or by night of any building, vehicle orplace in which he has reason to believe that any intoxicant, hemp, 6 mhowraflowers or molasses are manufactured or sold, or stored or that any toddy
isdrawn contrary to the provisions of this Act or that any intoxicant, hemp 7 [mhowra flowers, molasses] or other thing liable to confiscation orforfeiture, under this Act or any other law for the time being in forcerelating to the excise revenue is kept or concealed 8 [and for the seizure ofsuch intoxicant, hemp, 6 mhowra flowers, molasses or such other thing found insuch building, vehicle or place].
(2) All warrants issued under Sub-section (1) shallbe executed in accordance with the provisions of the Code of
CriminalProcedure, 1898,9 , by a Police Officer or a Prohibition Officer duly empoweredin this behalf or if the officer issuing the warrant deems fit, by any otherperson.
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1.Thisword was Substituted for the word "Director" by Mah. 52 of 1973, s.3. Sch.
2.Thesewords were inserted by Bom. 26 of 1952, s. 48 (1).
3.Thesewords were Substituted for the words "a Superintendent of Police" byMah. 46 of 1962, s. 3, Sch.
4.Thesewords were Substituted for the words "a District Superintendent ofPolice",Mah. 46 of 1962, s. 3, Sch.
5. This was Substituted for the word"Provincial" by Adaptation of Laws Order, 1950.
6.The word"opium" was deleted by Bom. 22 of 1960, s. 84.
7.These words wereSubstituted for the words "or opium" Bom. 22 of 1960, s. 85.
8.These words were insertedby Bom. 26 of 1952, s. 48(2).
9.See now the Code ofCriminal Procedure, 1973 (2 of 1974).
Section 128A - Certain provisions to apply to denatured spirituous preparations
1[128A. Certain provisions to apply to denatured spirituous preparations
The provisions of sections 80, 98, 99, 103(1), 104, 120, 121, 122, 123, 124, 1-25, 128. 135 and 139
shall apply to denatured spirituous preparations as they apply to any intoxicant under this Act.] ______________________
1. Section 128A was Substituted for the original by Bom. 22 of 1960, s. 85.
Section 129 - Prohibition officers may be empowered to investigate offences
(1) The 1 [State] Government may empower any ProhibitionOfficer to investigate offences under this Act.
(2) An officer empowered under Sub-section (1)shall in the conduct of such investigation exercise the powers
conferred by theCode of Criminal Procedure. 1898,2 , upon an officer-in-charge of a policestation for the investigation of cognizable offences.
(3) Any Prohibition Officer; to whom such officeris Subordinate may, during the course of the investigation, take over theinvestigation himself or direct any other Prohibition Officer duly empowered toconduct the same. The officer in conducting the investigation shall have thesame powers under Sub-sections (1) and (2) as if he were the ProhibitionOfficer appointed for the area or for the purpose of investigating the saidoffence.
(4) If the Prohibition Officer conducting theinvestigation is of opinion that there is no sufficient evidence or reasonableground of suspicion to justify the forwarding of the accused to a Magistrate, or that the personarrested may be discharged with a warning, such officer shall release him onhis executing a bond with or without sureties, to appear, if and when sorequired, before a Magistrate empowered to take cognizance of the offence andshall make a full report of the case to his official superior and be guided bythe order which he shall receive on such report.
(5) The powers of any officer empowered under thissection shall be Subject to such other modifications or restrictions as the 1 [State] Government may deem fit.
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1.This word wasSubstitutedfor the word "Provincial" by Adaptation of Laws Order, 1950. 2.See now the Code ofCriminal Procedure, 1973 (2 of 1974).
Section 129A - Power to require persons to Submit to medical examination, etc.
1 [129A. Power to require persons to Submit tomedical examination, etc.
(1) Where in the investigation of any offence underthis Act, any Prohibition Officer duly empowered in this behalf by the StateGovernment or any Police Officer has reasonable ground for believing that aperson has consumed an intoxicant and that for the purpose of establishing thathe has consumed an intoxicant or for the procuring of evidence thereof it isnecessary that his body be medically examined, or that his blood be collectedfor being tested for determining the percentage of alcohol therein, suchProhibition Officer or Police Officer may produce such person before aregistered medical practitioner (authorised by general or special order by theState Government in this behalf) for the purpose of such medical examination orcollection of blood, and request such registered medical practitioner tofurnish a certificate on his finding whether such person has consumed anyintoxicant and to forward the blood collected by him for test to the ChemicalExaminer or Assistant Chemical Examiner to Government, or to such other officeras the State Government may appoint in this behalf.
(2) The registered medical practitioner, beforewhom such person has been produced, shall examine such person and collect andforward in the manner prescribed the blood of such person and furnish to theofficer by whom such person has been produced, a certificate in the prescribedform containing the result of his examination. The Chemical Examiner orAssistant Chemical Examiner to Government, or other officer appointed under Sub-section (1) shall certify the result of the test of the blood, forwarded tohim, stating therein in the prescribed form, the percentage of alcohol and suchother particulars as may be necessary or relevant.
(3) If any person offers resistance to hisproduction before a registered medical practitioner under Sub-section (1) or onhis production before such practitioner to the examination of his body or tothe collection of his blood, it shall be lawful to use all means reasonablynecessary to secure the production of such person or the examination of hisbody or the collection of blood necessary for the test.
(4) If the person produced is a female, suchexamination shall be carried out by, and the blood shall be collected by orunder the supervision of, a female registered medical practitioner authorisedby general or special order, by the State Government in this behalf, and anyexamination of the body, or collection of blood, of such female shall becarried out or made with strict regard to decency.
(5) Resistance to production before a registeredmedical practitioner as aforesaid, or to the examination of the body under thissection or to the collection of blood as aforesaid, shall be an offence underSection 186 of the Indian Penal Code (XLV of 1869).
(6) Any expenditure incurred for the purpose ofenforcing the provisions of this section including any fees payable to aregistered medical practitioner or the officer appointed under Sub-section (1)shall be defrayed out of moneys provided by the State Legislature.
(7) If any Prohibition Officer or Police Officervexatiously and unreasonably proceeds under Sub-section (1) he shall, onconviction, be punished with fine which may extend to five hundred rupees.
(8) Nothing in this section shall preclude the factthat the person accused of an offence has consumed an intoxicant from beingproved otherwise than in accordance with the provisions of this section.]
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1.Section 129A were inserted by Bom. 12 of 1959, s. 16.
Section 129B - Documents or reports of registered medical practitioner, etc. as evidence
1[129B. Documents or reports of registered medical practitioner, etc. as evidence
Any document purporting to be--
(a) a certificate under the hand of a registered medical practitioner, or the Chemical Examiner or Assistant Chemical Examiner to Government, under Section 129A or of an officer appointed under Sub-section (1) of that section, or
(b) a report under the hand of any registered medical practitioner, in any hospital or dispensary maintained by the State Government or a local authority or any other registered medical practitioner authorised by the State Government in this behalf, in respect of any person examined by him or upon any matter or thing duly Submitted to him for examination or analysis and report,
may be used as evidence of the facts stated in such certificate, or as the case may be, report, in any proceedings under this Act; but the Court may if it thinks fit, and shall, on the application of the prosecution or the accused person, summon and examine any such person as to the Subject matter of his certificate or as the case may be, report.]
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1. Sections 129A and 129B were inserted by Bom. 12 of 1959, s. 16. Section 130 - Arrested persons and things seized to be sent to officer
Every person arrested and thing seized by a Prohibition Officer under this Act, shall be sent to the officer-in-charge of the nearest Police Station1[or to any other officer duly empowered under Section 129 if the2[Commissioner] in any particular case has directed such officer to conduct the investigation of the offence].
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1. This portion was added by Bom. 22 of 1960, s. 86.
2. This word Substituted for the word "Director" by Mah. 52 of 1973, s. 3, sch.
Section 131 - Bail by prohibition officer
(1) Any Prohibition Officer empowered to investigate an offence under this Act shall have power to
grant bail in accordance with the provisions of the Code of Criminal Procedure, 18981to any person arrested without a warrant for an offence under this Act.
(2) When any person has been arrested under Section 126, a Prohibition Officer empowered to investigate offence under this Act shall have power to grant bail in accordance with the provisions of the Code of Criminal Procedure, 18981.
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1. For this now see Code of Criminal Procedure, 1972 (II of 1974). Section 132 - Articles seized
1[When anything has been seized under the provisions of this Act by a Prohibition Officer exercising powers under Section 129 or by an officer-in-charge of a police station], or has been sent to him in accordance with the provisions of this Act, such officer, after such inquiry as may be, deemed necessary,-
(a) if it appears that such thing is required as evidence in the case of any person arrested, shall forward it to the Magistrate to whom such person is forwarded or for his appearance before whom bail has been taken;
(b) if it appears that such thing is liable to confiscation but is not required as evidence as aforesaid,
shall send it with a full report of the particulars of seizure to the Collector;
(c) if no offence appears to have been committed shall return it to the person from whose possession it was taken.
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1. These words were Substituted for the words "When anything has been seized by a Prohibition Officer other than the Collector or Director under the provisions of this Act" by Bom. 22 of 1960, s. 87.
Section 133 - Duty of Officers of Government and local authorities to assist
133. Duty of1[Officers of Government] and local authorities to assist.
Every officer of the2[Government] and every officer or servant of local authority, shall be3[legally bound to assist any Prohibition Officer or] police officer or person authorised in this behalf in carrying out the provisions of this Act.
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1. These words were Substituted for the words "officials of all departments"; Bom. 22 of 1960, s. 88(b).
2. This word was Substituted for the word "Crown" by the Adaptation of Laws Order, 1950.
3. These words were Substituted for the words "legally bound to assist any" by Bom. 22 of 1960, s. 88 (a).
Section 134 - Offences to be reported
1[134. Offences to be reported
Every village officer or servant useful to Government, every officer of the State Government, and (with the consent of the Central Government) every officer of the Customs and Central Excise Departments, and every officer or servant of a local authority, and the Sarpanch of a village Panchayat constituted under the Bombay Village Panchayats Act,1958 (Bom. III of 1959), shall be bound-
(a) to give immediate information at the nearest police station or to any Officer or person authorised in this behalf of the commission of any offence and of the intention or preparation to commit any offence under this Act which may come to their knowledge;
(b) to take all reasonable measures in their power to prevent the commission of any such offence which they may know or have reasons to believe is about or likely to be committed.]
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1. Sections 134 and 135 were Substituted for the original, Bom. 22 of 1960, s. 89. Section 135 - Landlords and others to give information
1[135. Landlords and others to give information
Every person who owns or occupies any land or building, or who is landlord of an estate residing in the village, and the agent of such owner, occupier or landlord of the land, building or estate, as the case may be, on or in which there has been any unlawful tapping of toddy-producing trees or unlawful manufacture of any liquor or intoxicating drug or unlawful cultivation or collection of hemp and every owner of a vessel or vehicle in which liquor or intoxicating drug is manufactured contrary to the provisions of this Act, shall, in the absence of reasonable excuse, be bound to give notice of the same to a Magistrate or to a Prohibition Officer or to a Police Officer immediately the same shall
have come to his knowledge.]
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1. Sections 134 and 135 were Substituted for the original, Bom. 22 of 1960, s. 89.
Section 136 - Power to arrest and make orders detaining or restricting movements or actions of persons
Deleted by Bom. 26 of 1952, s. 50.
Chapter 10 - APPEALS AND REVISION
Chapter 10 APPEALS AND REVISION
Section 137 - Appeals
(1) All orders passed by any Prohibition Officer other than the Collector or1[Commissioner] under this Act; shall be appealable to the Collector at any time within sixty days from the date of the order complained of.
(2) All orders passed by the Collector and1[Commissioner] shall be appealable to the1[Commissioner] and the2[State] Government respectively at any time within ninety days from the date of the order
complained of:
Provided that no appeal shall lie against an order passed by the 1[Commissioner] on appeal.
(3) Subject to the foregoing provision the rules which the 2[State] Government may make in this behalf shall apply to appeals under this section.
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1. This word was Substituted for the word "Director" by Mah. 52 of 1973, s. 3 Sch.
2. This word was Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. Section 138 - Revision
1[138. Revision
The State Government may call for and examine the record of any proceeding before any Prohibition Officer including that relating to the grant or refusal of a licence, permit, pass or authorisation 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, any such proceeding and may when calling for such record, direct that the order be not given effect to pending the examination of the record. On examining the record, it may either annul, reverse, modify or confirm such order, or pass such other order as it may deem fit.]
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1. This section was Substituted for the original by Bom. 22 of 1960, s. 90. Chapter 11 - MISCELLANEOUS
Chapter 11 MISCELLANEOUS
Section 139 - General powers of State Government in respect of licences, etc. 139. General powers of1[State] Government in respect of licences, etc.
2(1) Notwithstanding anything contained in this Act or the rules made thereunder, the1[State] Government may, by general or special order,-
(a) prohibit the grant of any kind of licences, permits, passesor authorisations throughout the1[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 authorisation throughout the2[State] or within the limits of any local area Subject to such conditions4[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 authorisation 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 authorisation 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 person 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 authorisations 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 order6denatured 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 places which may be7[managed by the State Government departmentally];
(g) direct that no licence, permit, pass or authorisation of the kind specified in such order shall be
granted without the previous approval of the1[State] Government or also direct any additions or alterations to be made to or in the conditions Subject to which under any other provisions of this Act, such licence, permit, pass or authorisation can be granted;
(h) prescribe the maximum quantity of any intoxicant8[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 granted11[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 persons12[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 permitted to offer bids at such auctions;
(m) 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 authorisations under this Act, as the1[State] Government may deem proper.
13[(2) An order made under Sub-section (1), shall, if it is a general nature of affecting a class of persons, be notified in the Official Gazette.]
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1. This word was Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
2. Section 139 was renumbered as Sub-section (1), the Adaptation of Laws Order, s.91(1).
3. This words was Substituted for the words "Pre-Reorganisation State of Bombay, excluding the transferred territories" by Bom. 12 of 1959, s.3.
4. These words were Substituted for the words "and for such periods as it deems fit" by Bom. 22 of 1960, s.91(1)(a).
5. Clauses (c), (d) and (d1) were Substituted for the original clauses (c) and (d) Bom. 22 of 1960, s, s.91(1)b).
6. These words were inserted, by Bom. 22 of 1960, s.91(1)(c)(I).
7. These words were Substituted for the words "managed by the Excise Department", Bom. 22 of 1960, s.91(1)(c)(ii).
8. These words were inserted by Bom.22 of 1960, s.91(I)(d).
9. This clause was Substituted for the original Bom.22 of 1960, s.91(I)(e).
10. This clause was Substituted for the original Bom.22 of 1960, s.91(I)(f).
11. These words were inserted Bom.22 of 1960,s.91(I)(g).
12. These words were substituted for the words "to whom licences may not be granted "Bom.22 of 1960,see 91(2)(h).
13. This sub-section was added by Bom. 22 of 1960, s.91(2).
Section 140 - Power of State Government to prohibit, regulate or control consumption or use of intoxicants, etc. in public place
140. Power of1[State] Government to prohibit, regulate or control consumption or use of intoxicants, etc. in public place
The1[State] Government may, by general or special order, prohibit, regulateor control, Subject to such conditions as may be specified in the order, the consumption or use of any intoxican or hemp, in am public place.
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1. This word was Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. Section 141 - Employment of additional police
(1) If the1[State] Government is satisfied that the inhabitants of any area are concerned in the commission or abetment of any of the offences punishable under sections2[65, 66, 66-A, 67, 67-1A, 67-C, 68, 69 and 70] the1[State] Government may, by notification in the Official Gazette, direct the employment of additional police3[in that area] for such period as it thinks fit,
(2) The cost of such additional police shall, if the1[State] Government so directs, be either in whole or in part defrayed by a tax imposed on the persons hereinbelow mentioned, or by a rate assessed on the property of such persons, or both by a tax and by a rate so imposed and assessed, and charge--
(a) either generally on all persons who are inhabitants of the local area to which such notification applies; or
(b) specially on any particular section or sections or class or classes of such persons and the1[State] Government may direct the proportions in which such tax or rate shall be charged.
Explanation.-For the purposes of this section "inhabitants" shall include persons who themselves or by their agents or servants occupy or hold land or other immovable property within such area and landlords who themselves or by their agents or servants collect rents or revenue direct from rayats or occupiers in such area notwithstanding that they do not actually reside therein.
(3) It shall be lawful for the1[State] Government to extend for a term not exceeding in any case five years the period for the payment of such tax or rate beyond the period for which such additional police are actually employed.
4[(4) The provisions of Sub-sections (4) to (7) of section 50 of the Bombay Police Act. 1951 (Bom. XXII of 1951), shall apply mutatis mutandis to the recovery of such tax or rate.]
______________________
1. This word was Substituted for the word "Provincial" by the Adaptation of Laws Order1950.
2. These figures, letters and word were Substituted for the figures and word "65 to 69" the Adaptation of Laws Order1950., s.92(a).
3. These words were inserted, the Adaptation of Laws Order1950., s.92(b).
4. This Sub-section was Substituted for Sub-sections (4) and (5) by Bom. 64 of 1954, s. 3.
Section 142 - Power of Collector to close places where intoxicant or hemp is sold in certain cases 1[142. Power of Collector to close places where intoxicant or hemp is sold in certain cases
(1) If the Collector is of opinion that it is in the interest of public peace to close any place in which any intoxicant or hemp is sold, it shall be lawful for the Collector by an order in writing to the persons holding a licence for the sale of such intoxicant or hemp to require him to close such place at such time or for such period as may be specified in the order.
(2) If a not or unlawful assembly is imminent, or takes place; it shall be lawful for any Executive Magistrate or Police Officer who is present to direct that such place shall be closed and kept closed for such period as he thinks fit, and in the absence of any Executive Magistrate or Police Officer the person referred to in Sub-section (1) shall himself close such place.
(3) Any order given under this section shall be final.] ______________________
1. This section was Substituted for the original by Bom. 22 of 1960, s. 93. Section 143 - Power of State Government to make rules
143. Power of1 [State] Government to makerules
(1) The 1 [State] Government: may make rules for the purpose of carryingout the provisions of this Act or any other law for the time being in forcerelating to excise revenues.
(2) In particular and without prejudice to thegenerality of the foregoing provisions the 1 [State] Government may makerules,--
(a)regulating the delegation of any powers by the2 [Commissioner], byCollector or by any other Prohibition Officer; (b)regulating the import, export, transport,3 [collection], sale, purchase, 4 [bottling], consumption, use or possession of any
intoxicant,5 [denaturedspirituous preparation] or hemp, mohwra flowers or molasses; (c)regulating the manufacture of any intoxicant6 [or denatured spirituouspreparation];
(d)regulating the cultivation and collection of hemp;
(e)regulating the tapping of toddy-producing trees and drawing of toddytherefrom;
(f) regulating the grant,suspension or cancellation of licences, permits, passes or authorisations forthe import, export, transport 7 [collection, sale, purchase], possession,manufacture, 8 [bottling], consumption, use or cultivation of any of the abovearticles mentioned in 9 [clause (b) and for the matters specified in clause(e)];
(g)regulating the periods and localities for which the licences may begranted for the wholesale or retail vend of any of the above articles mentionedin clause (b);
(h)providing for the consulting of public opinion and prescribing theprocedure to be followed and the matters to be ascertained before any licence,permit, pass or authorisation for the vend, consumption or use of any of theabove articles mentioned in clause (b) is granted to any person or in anylocality;
10 [(h1) prescribing the restrictions under whichand the conditions on which any licence, permit, pass or authorisation may begranted including-
(i) the prohibition of theadmixture with any intoxicant of any substance deemed to be noxious orobjectionable;
(ii)the fixing of the strength, price or quantity in excess of or belowwhich any intoxicant or mhowra flowers shall not be sold or supplied, and thequantity in excess of which denatured spirit, denatured spirituous preparationor molasses shall not be possessed or sold and the prescription of a standardor quality for any intoxicant denatured spirituous preparation, mhowra flowersor molasses;
(iii)the prohibition of sale of any intoxicant, denatured spirituouspreparation or hemp except for cash;
(iv)the prescription of the days and hours during which any licensedpremises may or may not be kept open and provisions for the closure of suchpremises on special occasions;
(v)the prescription of the nature of the premises on which any intoxicantmay be sold and the notices to be exposed at such premises;
(vi)the prescription of the accounts to be maintained and the returns to besubmitted by licence-holders or permit-holders;
(vii)the regulation or prohibition of the transfer of licences;
(viii)the writing of the names and addresses and the taking of signatures ofpurchasers in the register of sale of any intoxicant, hemp, mhowra flowers ormolasses or any article the sale or purchases of which is regulated by clause(b) of sub-section (1) of Section 139;
(h2)(i) declaring the processes by whichspirits shall be denatured in particular areas, or for particular purposes;
(ii)for causing such spirits to be denatured through the agency or under thesupervision of the Government officers and for the payment of charges for suchsupervision;
(iii)for ascertaining whether such spirits havebeen denatured.]
(i) prohibiting andregulating the employment by the licence-holder of any person or classes ofpersons to assist him in his business in any capacity whatsoever;
(j) prescribing the mannerin which the juice from a coconut, brab, date or any kind of palm trees is tobe treated for the purpose of prevailing fermentation;
11 [(k)prescribing the persons or classes of persons to whom any intoxicant,denatured spirituous preparation, hemp, mhowra flowers or molasses may or maynot be sold or who may or may not be allowed to sell, purchase or use any ofthese articles];
(l) for the prevention ofdrunkenness, gambling or disorderly conduct in or near any licensed premisesand the meeting and remaining of persons of bad character on such premises;
12 [(l1)prescribing the occasions on which special orders may be granted for thesale by retail of larger quantities or liquor or intoxicating drugs, or opiumthan those which are prescribed in any notification issued under this Act andthe conditions on which such sales may be made;
(l2) prescribing the amount of security to bedeposited by the holder of any licence, permit, pass or authorisation for theperformance of the conditions for the same;
(l3)providing for the maintenance by the holders of licences, permits,passes or authorisations of the registers of sales, purchase, possessionconsumption or use and the particulars to be entered in the register;]
11 [(m)regulating the grant of rewards or expenses to officers, informants orpersons giving information or assistance in the detection or investigation ofoffences under this Act, and of compensation to persons charged with offencespunishable under this Act and acquitted;]
(n)regulating the printing, publishing or otherwise displaying ordistributing any advertisement or other matter 13 * soliciting the use of, oroffering any intoxicant 14 [or] hemp or calculated to encourage or incite anyindividual or
class of individuals or the public generally to commit an offenceunder this Act or to commit a breach or evade the provisions of any rule ororder made thereunder or the conditions of any licence, permit, pass orauthorisation issued thereunder;
(o)regulating within the15 [State] the circulation, distribution or sale ofnewspaper, news-sheet, book, leaflet, booklet, or other publication 16 [printedand published outside the 17 State containing any advertisement or matter which18 [***] solicits the use of, or offers any intoxicant, or hemp 19 [***]
20 [(p)imposing restrictions and conditions on buyers of intoxicant, denaturedspirituous preparation, hemp, mhowra flowers or molasses or any article thepurchase of which is regulated by clause (b) of sub section (1) of Section 139including provision for compelling them to sign entries pertaining to thepurchase by them of any of these articles];
21 [***]
(r)regulating the taking of samples of molasses;
22 (r1)prescribing the constitution of Committee, Boards and Medical Boards orpanels thereof and the procedure regarding their work]:
(s)prescribing the powers, functions and duties of Prohibition Officers,23 [boards, Committees] and 24 [Medical Boards or panels thereof] and the fees andallowances payable to the members of the 23 [boards. Committees] and 24 [MedicalBoards or panels thereof];
25 [(t)prescribing the procedure regarding the work of the Board of Experts; 26 [(t1) prescribing conditions ofthrough transport under section 29];
(u) prescribing the fees 27 [(including rent or consideration)]payable in respect of any privilege, licence, permit, pass or authorizationgranted or issued under this Act;
28 [(uu) prescribing the other persons, otherinstitutions or the circumstances under clause (b) of sub-section (3) ofSection 66];
(v)prescribing the period within which and the form in which a declarationunder Section. 107A shall be submitted and the form in which account shall bemaintained);
29 [(w)prescribing the manner of collecting and forwarding blood and prescribing theform of certificates, and the other particulars required to bestated therein under sub-section (2) of Section 129A].
(3) The power to make rules under this sectionshall be subject to the condition of previous publication:
Provided that any such rules may be made withoutprevious publication, if the 1 [State] Government considers that they should bebrought into force at once.
30 [(4) All rules made under this Act shall be laidfor not less than thirty days before each House of the State Legislature assoon as may be after they are made, and shall be subject to such modificationsas the State Legislature may make during the session in which they are so laidor the session immediately following.]
_____________________
1. This word wasSubstitutedfor the word "Provincial" by the Adaptation of Laws Order, 1950. 2. This word wasSub for the word "Director" by Mah. 52 of 1973, s. 3, Sch.
3. This word was inserted byBom. 26 of 1952, s. 51(1).
4. This word was inserted byBom. 22 of 1960, s. 94 (1)(a).
5. These words wereinserted, Bom. 22 of 1960, s. 94 (1)(a)
6.Thesewords were added,Bom. 22 of1960, s.94(1)(b).
7.Thesewords were inserted by Bom. 26 of 1952, s.51(2)(a).
8.Thisword was inserted by Bom. 22 of 1960, s.94(1)(c).
9.These words, brackets and letters were Sub for thewords, brackets and letters "clauses (b) and (e)" by Bom. 26 of 1952,s.51(2)(b). 10.Clauses(h1) and (h2) were inserted by Bom. 22 of 1960, s.94(1)(d).
11.This clausewas Substituted for the original by Bom. 22 of 1960, s.94(1)(e).
12.Clauses(1-1), (1-2) and (1-3) were inserted, Bom. 22 of1960, s.94(1)(f).
13.Theword "commending" was deleted by Bom. 26 of 1952, s. 51(3)(a).
14.Thisword was inserted, Bom. 26 of 1952, s. 51(3)(b).
15.Thisword was Sub for the words "Pre-Reorganisation State of Bombay,excluding the transferred territories by Bom. 12 of 1959, s. 3.
16.Thesewords were Sub for the words "whether printed or published"by Bom. 26 of 1952, s. 51 (4) (a).
17.Substituted for the words "pre-Reorganisation State of Bombay,excluding the transferred territories" by Bombay 12 of 1959, Section 3.
18.Thewords "is prescribed or which commends "were deleted, Bombay 12 of 1959, Section 3., s.51(4)(b).
19.Thewords "to be forfeited to the State Government" were deleted , Bombay 12 of 1959, Section 3.s. 5](4)(c).
20.Thisclause was Sub for the original by Bom. 22 of 1960, s. 94 (1)(h).
21. Clause (q) was deleted, Bom. 22 of 1960, s. 94(1)(i).
22.Thisclause was inserted, Bom. 22 of 1960, s. 94(1)(j).
23.Thesewords were Sub for the words "Committees", Bom. 22 of 1960, s. 94(1)(k).
24.Thesewords were Sub for the words "Medical Boards" Bom. 22 of 1960
25.Clauses(t) to (v) were Sub for the original clause (t), by Bom. 26 of 1952, s.51(5).
26.Thisclause was inserted by Bom. 22 of 1960, s. 94 (1)(1).
27.Thesewords were inserted by Mah. 70 of 1981, s. 3.
28.Thisclause was inserted by Bom. 12 of 1959, s. 17(a).
29. This clause was added, byBom. 12 of 1959, s.17(b).
30. This sub-section was inserted byBom. 22 of1960, s. 94(2).
Section 144 - Commissioner's powers to make regulations
144. 1 [Commissioner's] powers to makeregulations
(1) The 1 [Commissioner] may make regulations not inconsistent withthe provisions of this Act or rules-
(a)regulating, as the case may be, the 2 * supply or storage of any intoxicant3 [denatured spirituous preparation] or hemp, mhowra flowers or molasses including--
(i) the erection,inspection, supervision, management and control of any place for the manufacturesupply or storage of such article, and the fittings, implements and apparatusto be maintained therein;
4 [***]
(b)regulating the deposit of any intoxicant, hemp,5 ***mhowra flowers ormolasses in a warehouse and the
removal of such articles from any suchwarehouse or from any distillery or brewery; 6 [***]
(d)prescribing the scale of fees7 [including rent or consideration] or themanner of fixing the fees payable in respect 8 [***] of any storage of anyintoxicant, hemp, 9***mhowra flowers or molasses;
(e)regulating the time, place and manner of payment of any duty or fees;
10 [***]
(h)providing for the destruction or other disposal of any intoxicantdeclared to be unfit for use;
(i) regulating the disposalof confiscated or forfeited articles;
10 [***]
(m)regarding any other matter which the 11 [State] Government may, bynotification in the Official Gazette direct him to prescribe for the purposesof carrying out the provisions of this Act.
(2) The regulations made under this section shallbe published in the Official Gazette.
______________________
1.Thisword was Sub for the word "Director" by Mah. 52 of 1973, s. 3 Sch.
2.The word"manufacture" was deleted by Bom. 22 of 1960, s. 95 (a)(i).
3.Thesewords were inserted, Bom. 22 of 1960, s. 95 9a)(ii).
4.Sub-clauses (ii) to VU') were deleted, by Bom. 22 of 1960, s. 95 (a)(iii).
5.The word"opium" , was deleted Bom. 22 of 1960, s. 95 (b).
6.Clauses(c), (i), (g), (j), (k) and (l) were deleted, Bom. 22 of 1960, s. 95 (c).
7.Thesewords were inserted by Mah. 70 of 1981, s. 4.
8.The words beginning with the words"of any privilege "and endingwith the words "authorisationor" were deleted by Bom. 26 of 1952, s. 52 (1). 9. The word "opium", was deleted Bom. 26 of1952,s. 95 (b).
10. Clauses (c), (f), (g), (j), (k) and (l) weredeleted, Bom. 26 of 1952, s. 95 (c). 12 Clauses (c), (i), (g), (j), (k) and (l) weredeleted, Bom. 26 of 1952, s. 95 (c).
11.Thisword was Sub for the word "Provincial" and ending with the words "authorization or" weredeleted by Bom. 26 of 1952, s. 52 (1).
Section 145 - Officers and persons acting under this Act to be public servants
All officers 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 (XLV of 1860).
Section 146 - Bar of proceedings
No suit or proceeding shall lie against the1[Government] or against any prohibition, police, or other officers or against any person empowered to exercise powers or to perform functions under this Act, for anything in good faith done or purporting to be done under this Act.
______________________
1. This word was Sub for the word "Crown", Bom. 26 of 1952. Section 146A - Limitation of prosecutions or suits against officers1[146A. Limitation of prosecutions or suits against officers
(1) All prosecutions of any Prohibition, Police or other Officers, or of any persons empowered to exercise powers or to perform functions under this Act, and all actions which may be lawfully brought against the Government or any of the aforesaid officers or persons, in respect of anything done or alleged to have been done in pursuance of this act, shall be instituted within four months from the date of the act complained of and not afterwards; and any such action shall be dismissed--
(a) if the plaintiff does not prove that, previously to bringing such action, he has presented all such appeals allowed by this Act, or any other law for the time being in force, as within the aforesaid period of four months it was possible to present; or
(b) in the case of an action for damages, if tender of sufficient amends shall have been made before the action was brought, or if after the institution of the action a sufficient sum of money is paid into Court with costs, by or on behalf of the defendant.
(2) Subject to the provisions of Section 197 of the2Code of Criminal Procedure. 1898, no Court shall take cognizance of an offence committed or alleged to have been committed by any prohibition, police or other officer or any person empowered to exercise powers or to perform functions under this Act, in regard to anything done under this Act, until the sanction of the Collector having jurisdiction has been obtained.
______________________
1. Sections 146A and 146B were inserted by Bom. 22 of 1960, s. 96. 2. For this now see Code of Criminal Procedure, 1973, (2 of 1974). Section 146B - Provisions of Act not to apply to Government
Save in so far as may be expressly provided in any rule, regulation or order made under this Act, nothing in this Act shall apply in respect of any intoxicant, denatured spirituous preparations, hemp, mhowra flowers or molasses which are the property and in the possession of the Government.)
Section 147 - Provisions of this Act not to apply to import or export across customs frontier
For removal of doubts it is hereby declared that nothing in this Act shall be deemed to apply to any intoxicant or other article in respect of its import or export across the customs frontiers.1[***]
_____________________
1. The words "as defined by the Dominion Government" were deleted by Bom. 26 of 1952, s. 53. Section 148 - Repeal and amendments
(1) The enactmentsspecified in Schedule I are hereby repealed to the extent specified in thefourth column thereof and those specified in Schedule II are hereby amended tothe extent specified in the fourth column thereof.
(2) But nothing in this Act or any report oramendment made thereby shall affect or be deemed to affect--
(i) any right, title,obligation or liability already acquired, accrued or incurred before thecommencement of this Act;
(ii)any legal proceeding or remedy in respect of any right, title, interestobligation or liability or anything done or suffered before the commencement ofthis Act and any such proceeding shall be continued and disposed of, as if thisAct was not passed;
(iii)the levy of any duties under Section 29A of the Bombay Abkari Act, 1878(Bom. V of 1878), and the recovery of any duties or fees leviable under anyother provisions of the Acts hereby repealed, and all such duties or fees shallbe levied or recovered, as the case may be, as if this Act was not passed.
(3) Any appointment, notification, notice, order,rule or form, made, or issued under any of the enactments repealed by this Actshall continue to be in force and deemed to have been made, granted or issuedunder the provisions of this Act, in so far as such appointment, notification,notice, order, rule, or form is not inconsistent with the provisions of this Act, unless and untilit is superseded by any appointment, notification, notice, order, rule or formmade or issued under this Act, notwithstanding the fact that the authoritycompetent to make or issue such notification, notice, order, rule or form isdifferent from that authorised in the enactments repealed and notwithstandingalso that such notification, notice, order, rule or form was made or issued ina different form or name.
(4) Any licence, permit, pass, authorisation orpermission granted or issued under any of the enactments repealed by this Actshall continue to be in force and shall deemed to have been granted or issuedunder the corresponding provisions of this Act.
Section 149 - Further repeals and savings consequent on commencement of Bom. XXV of 1949 in other areas of State
1[149. Further repeals and savings consequent on commencement of Bom. XXV of 1949 in other areas of State
2* On the commencement of this Act in any area of the State to which it is extended by the Bombay Prohibition (Extension and Amendment) Act, 1959 (Bom. XII of 1959), the Acts mentioned in Schedule III and in force in that area, shall, to the extent specified in the fourth column thereof, stand repealed:
Provided that such repeal shall not affect,--
(a) the previous operation of any Act so repealed or anything duly done or suffered there under, or
(b) any right, privilege, obligation or liability acquired, accrued or incurred under any Acts so repealed, or
(c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any Acts so repealed,
(d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid,
and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if those acts had not been repealed:
Provided further that,--
(a) any licence, permit, pass, authorisation or permission granted or issued under any of the Acts so repealed shall continue to be in force and shall be deemed to have been granted or issued under the 'corresponding provisions of this Act; and
(b) notwithstanding the repeal of any of the Acts aforesaid, for all purposes in connection with the liability for, and the levy, assessment and collection or refund of, any tax, duty or fee (including any penalty) leviable,-
(i) under the provisions of Section 27A of the Central Provinces and Berar Excise Act, 1915 (C.P. and Berar II of 1915), or
(ii) underSection112Aof theBombayProhibitionAct,1949 (Bombay XXV of 1949), as in force in the Saurashtra area, or
(iii) before the commencement of this Act in any area under any provisions of any of the Acts repealed by this section,
the relevant Acts repealed (including all rules, regulations, notifications, and orders made or issued thereunder) shall nevertheless continue in force for all such purposes; and all such taxes, duties and fees shall be levied, assessed, collected, refunded and penalty imposed and paid, as the case may be, as if those relevant Acts had not been repealed.]
______________________
1. This section was inserted by Bom. 12 of 1959, s. 18.
2. The brackets an figure "(1)" were deleted by Bom. 22 of 1960, s. 97. Schedule 1A - SCHEDULE I
1[SCHEDULE I-A
[See Section (3)]
OUTSTILL AREA OF THE CHANDA DISTRICT
(1) The whole of the Sironcha Tahsil;
(2) The following villages of the Gadchiroli Tahsil, namley:
(a)(1) Chargaon, (2) Gonjali, (3) Palasgaon, (4) Chimgaon, (5) Mendha, (6) Wadegaon, (7) Singapur, (8) Kodalwahi, (9) Chatgaon, (10) Pander, (11) Mohandala, (12) Palakheda, (13) Suna Katizari, (14) Khutgaon, (15) Gatepalli, (16) Mendha, (17) Harikata, (18) Tohakapur, (19) Haldi, (20) Gadhewahi, (21) Sakora, (22) Talodhi, (23) Karwafa, (24) Nawegaon, (25) Gotevihir, (26) Ranbhumi, (27) Jambli, (28) Ranmul, (29) Darsani, (30) Kusumghat, (31) Gattaguda, (32) Maroda, (33) Bandhona, (34) Nawargaon, (35) Gilgaon, (36) Bhandikanhar (37) Gajanguda, (38) Sakhera, (39) Kanhargaon, (40) Karkapalli, (41) Raven-Jhola, (42) Saimaraj, (43) Pekinkasa, (44) Saterli, (45) Sowita, (46) Benoti, (47) Filekanar, (48) Fatri, (49) Ditantola, (50) Dewapur, (51) Dewada, (52) Gawama, (53) Rampur, (54) Potehaon, (55) Surgadevi, (56) Rajoli, (57) Tohogaon, (58) Ramada, (59) Kotergaon, (60) Tulsi, (61) Tumrikasa, (62) Nagoli, (63) Karkusi, (64) Maler, (65) Kudegaon, (66) Rawanpalli, (67) Murmari, (68) Jogna, (69) Bhagbhir, (70) Jamar, (71) Pawlisan, (72) Pendri, (73) Budapur, (74) Ahapur, (75) Muranda, (76) Dhehni, (77) Chichali, (78) Banarcha, (79) Lengada, (80) Kamgaon, (81) Judegaon, (82) Tadgela, and (83) Kodsi;
(b)all the villages of the Purada Police Station area, except the following 24 villages, namely- (1) Chawada, (2) Ramtola, (3) Dhuldongri, (4) Naicharpalli, (5) Nawejhari, (6) Sattitola, (7) Khamabada, (8) Sakena, (9) Kannichak, (10) Talegaon, (11) Muska, (12) Angara, (13) Palasgaon, (14) Saotala, (15) Khodki, (16) Soaln, (17) Salebhatti, (18) Nimgaon, (19) Mendha, (20) Bhausi, (21) Bhaunkridi, (22) Kulkuli, (23) Nawegaon, and (24) Tultuli;
(c) all the village of the Ahiri Police Station area, except the following 33 villages, namely-
(1) Laggam, (2) Laggam-Chak, (3) Rampur, (4) Bori, (5) Kultha, (6) Rajuar-Chak, (7) Tikepalli, (8) Chatuguntapatch, (9) Tymargunda, (10) Dampur, (11) Baudukpali, (12) Kothari, (13) Marpalli, (14) Morarli, (15) Chichela, (16) Gomhmi, (17) Albatapalli, (18) Fuski, (19) Mukdi, (20) Fuski-Chak, (21) Dhanu, (22) Yella, (23) Machhligatta, (24) Nagwahi, (25) Singanpalli, (26) Chandampalli, (27) Champrala, (28) Laggam Hatti, (29) Koperalli, (30) Singanpeth, (31) Machli, (32) Gomni-Chak and (33) Knodegaon.]
______________________
1. Schedule I-A was inserted by Bom. 12 of 1959, s.19(1). Schedule I - SCHEDULE I
1*
*
*
*
1878
V
The Bombay Abkari Act, 1878
All the provisions except Section 29-A 1947
XXX
The Bombay Molasses Act, 1947 The whole
_________________
1. This item was deleted, by Bom. 12 of 1959, section 19(2).
Schedule II - SCHEDULE II
SCHEDULE I
(SEE SECTION 148)
Year
No.
Short title Extent of Repeal (1)
(2)
(3)
(4)
Year
No.
Short title
Extent of Amendments
(1)
(2)
(3)
(4)
1890
IV
The Bombay District Police Act, 1890 1. Section 46
SCHEDULE II (SEE SECTION 148)
(a) In sub-section (4), for clauses (ii) and (iii), the following clauses shall be substituted, namely:-
"(ii) Sections 65 or 68 of the Bombay Prohibition Act, 1949" (Bom. XXV of 1949).
(b) in sub-section (6) for the words and figures 'under the Bombay Abkari Act, 1878, or the
Opium Act, 1878", the words and figures "under the Bombay Prohibition Act, 1949" (Bom. XXV of 1949), shall be substituted.
2. Section 61-AA shall be deleted. 1902
IV
The City of Bombay Police Act, 1902 1. In Section 27,-
(a) in sub- section (2), for the words and figures "under the Bombay Abkari Act, 1878, or the Opium Act, 1878", the words and figures under the Bombay Prohibition Act, 1949" (Bom. XXV of 1949), shall be substituted.
(b) in sub-section (2-A), for clauses (ii) and (iii), the following clause shall be substituted, namely:
"(ii) Sections 65 or 68 of the Bombay Prohibition Act, 1949" (Bom. XXV of 1949).
2. Section 122- A shall be deleted. 1 [1951
XXII
The Bombay Police Act, 1951 In Section 57-
(a) in clause (b), in sub-clause (ii) the portion beginning with the words and figures" or under section 65 or 68 of that Act" and ending with the figures" 1938 shall be deleted.
(b) in clause (c), for the words "aforesaid Prohibition Acts" the words and figures "Bombay Prohibition Act, 1949" (Bom. XXV of 1949), shall be substituted].
_________________
1. This entry wasadded by Bom. 22 of 1960, section 98.
Schedule III - SCHEDULE III
1 [SCHEDULE III (SEE SECTION 149)
Year
No.
Short title Extent of Repeal (1)
(2) (3) (4)
1878
I
The Opium Act, 1878, in its application to the State of Bombay.
The whole.
1915
II
The Central Provinces and Berar Excise Act, 1915
All the provisions except Section 27-A.
1938
VII
The Central Provinces and Berar Prohibition Act, 1938
The whole.
1316F
I
The Abkari Act
The whole.
1333F
IV
The Hyderabad Intoxicating Drugs Act
The whole.
1949
XXV
The Bombay Prohibition Act, 1949 as in force in the Saurashtra area of the State of Bombay. All the provisions except Section112-A.
1949
XXV
The Bombay Prohibition Act, 1949, as in force in the Kutch area of the State of Bombay.
The whole.]
__________________
1. Schedule III wasadded by Bom. 12 of 1959, section 19(3).
Amending Act 1 - BOMBAY PROHIBITION (AMENDMENT) ACT, 2006
BOMBAY PROHIBITION (AMENDMENT) ACT, 2006. PREAMBLE
(First published, after having received the assent of the Governor in the"Maharashtra Government Gazette", on the 1st August, 2006.)
An Act further to amend the Bombay Prohibition Act, 1949.
WHEREAS it is expedient further to amend the Bombay Prohibition Act, 1949, for the purposes hereinafter appearing; it is hereby enacted in the Fifty-seventh Year of the Republic of India as follows:--
1. Short title and commencement. –
(1) This Act may be called the Bombay Prohibition (Amendment) Act, 2006.
(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint. 2. Amendment of section 2 of Bom. XXV of 1949. –
In section 2 of the Bombay Prohibition Act, 1949, for clause (28), the following clause shall be substituted, namely :--
"(28) "molasses "means the heavy, dark coloured viscous liquid produced during the manufacture of gur or sugar containing in solution or suspension, sugars which can be fermented, and includes the solid form of such liquid and also any product formed by the addition to such liquid or solid of any ingredient which does not substantially alter the character of such liquid or solid; and shall also include substances containing sugars obtained from sugarcane known as black coloured gur and residual substances obtained from khandsari known as third sugar or raskat or sayar and irrespective of its colour rotten gur or rotten rab which conform to the following analytical standards on dry weight basis,--
(i) total sugars (expressed as invert sugar) less than 85 per cent, and sucrose less than 57 per cent.; or (ii) extraneous matter insoluble in water more than 2 per cent.; or
(iii) total ash more than 6 per cent.; or
(iv) ash insoluble in Hydrochloric acid (HCL) more than 0.5 per cent.; or
(v) more than 10 per cent, of moisture;
but does not include any article which the State Government may, by notification in the Official Gazette, declare not to be molasses, for the purposes of this Act;".
Main - THE BOMBAY PROHIBITION ACT, 1949
Preamble Section 1 Section 2 wagering Section 3 Section 4 Section 5
- THE ACT FOR AVOIDING WAGERS (AMENDMENT) ACT, 1865
- Contracts declared null and void. No suit allowed on such contracts
- Nor for commission or brokerage, etc., in respect of agreements by way of gaming or
- Payments for which guardian and personal representative not to be allowed credit - Repeal and savings
- Number and gender
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