The Maharashtra Prohibition Act

Preamble

BOMBAY ACT No. XXV OF 1949¹

[THE MAHARASHTRA PROHIBITION ACT.]

[This Act received assent of the Governor General on the 15th May 1949; assent was first published in the Bombay Government Gazette on the 20th May 1949.]

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 the ²[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 also necessary to amend and consolidate the Abkari law in the ³[State] of Bombay for the said purpose and provide for certain other purposes hereinafter appearing; It is hereby enacted as follows :-

Sections

Type to filter. 183 sections.

1. 1Short title, extent and commencement
2. 2Definitions
3. 3Commissioner of Prohibition and Excise
4. 4Collectors
5. 5Subordinate officers
6. 6Investing officers of Police and other departments with powers and duties under this Act
7. 6ABoard of Experts
8. 7Other Boards and committees
9. 8Medical Boards
10. 9Control of Commissioner over Prohibition officers and other officers
11. 10Delegation
12. 11Manufacture, etc., of intoxicant to be permitted in accordance with provisions of Act, rules, etc
13. 11APower of Gram Sabha to enforce prohibition or to regulate or restrict the sale and consumption of any intoxicant
14. 12Power of Gram Sabha to enforce prohibition or to regulate or restrict the sale and consumption of any intoxicant
15. 13Prohibition of sale, etc., of liquor
16. 14Prohibition of export, import, transport, sale, manufacture, etc., of intoxicating drugs
17. 15Prohibition of import, export, transport, sale, etc., of sweet toddy
18. 16Prohibition of tapping of toddy producing trees and drawing of toddy
19. 17Prohibition of possession, etc., of opium
20. 18Prohibition of sale to minors
21. 19(Deleted.)
22. 20Prohibition or production, etc., of charas
23. 21Alteration of denatured spirit
24. 21AAlteration of denatured spirituous preparation
25. 22Prohibition of allowing any premises to be used as common drinking house
26. 22AProhibition of issuing prescriptions for intoxicating liquor except by registered medical practitioners
27. 23Prohibition of soliciting use of intoxicant or hemp or doing any act, calculated to incite or encourage member of public to commit offence
28. 24Prohibition of publication of advertisements relating to intoxicant, etc
29. 24AThis Chapter not to apply to certain articles
30. 25Exemption of preparations
31. 26Distilleries and warehouses for intoxicants
32. 27Intoxicant or hemp not to be removed from warehouse, etc
33. 28Passes for import, etc
34. 29Through transport
35. 30(Deleted)
36. 31Licences for bona fide medicinal or other purposes
37. 31ALicences for purchase, etc., of liquor for manufacture of articles mentioned in section 24A
38. 32Licences for tapping for neera
39. 33Trade and import licences
40. 34Vendor’s Licence
41. 35Hotel Licences
42. 36(Deleted)
43. 37(Deleted)
44. 38Licences to shipping companies and to Masters of ships
45. 39Permission to use or consume foreign liquor on warships, troop ships and in messes and canteens of armed forces
46. 40Permits
47. 40AHealth permits
48. 40BEmergency permits
49. 41Special permits to foreign sovereigns, etc
50. 42(Deleted)
51. 43Regulation of use or consumption of foreign liquor by certain permit-holders
52. 44Licence to clubs
53. 45Authorization for sacramental purposes
54. 46Visitor’s permit
55. 46ATourist’s permit
56. 47Interim permits
57. 48Permits for consumption or use of intoxicating drugs or opium
58. 48APermits to be non-transferable
59. 49Exclusive privilege of Government to import, etc., intoxicants, etc. and fees levied include rent or consideration for grant of such privilege to person concerned
60. 50(Deleted)
61. 51(Deleted)
62. 52Power of authorized officer to grant licences, permits and passes in certain cases
63. 53General conditions regarding licences, etc
64. 53ACertain licensees required to keep measures, etc
65. 54Power to cancel or suspend licences and permits
66. 55Holder of licence, etc., not entitled to compensation or refund of fee for cancellation or suspension thereof
67. 56Holder of licence, etc., not entitled to compensation or refund of fee for cancellation or suspension thereof
68. 57Attachment of licence
69. 58Right, title or interest under licence not liable to be sold or attached in execution
70. 58ASupervision over manufacture, etc
71. 59Commissioner entitled to require licence holder or owner to dispose of stocks
72. 59AAControl on manufacture, etc., of articles mentioned in section 24A
73. 59AManufacture of articles mentioned in section 24A
74. 59BAnalysis of articles mentioned in section 24A
75. 59CProhibition against possession of denatured spirituous preparation in excess of prescribed limit and the regulation of its possession in excess of prescribed limit
76. 59DRegulation of manufacture, etc., of denatured spirituous preparations
77. 60Prohibition of export or import of mhowra flowers. Control and regulation of transport, sale, etc., of mhowra flowers
78. 61Control of export, etc., of molasses
79. 62Provisions of sections 53 to 59 to apply to licences granted under section 61
80. 63Provision of Act in relation to molasses to be in addition to, and not in derogation of Bom. XXXVIII of 1956
81. 64(Deleted.)
82. 65Penalty for illegal import, etc. of intoxicant or hemp
83. 66Penalty for illegal cultivation and collection of hemp and other matters
84. 66APenalty for illegal import, etc., of opium
85. 67-IAPenalty for alteration or attempting to alter denatured spirituous preparation
86. 67-IBPenalty for contravention of provision regarding prescriptions
87. 67APenalty for manufacturing articles mentioned in section 24A in contravention of the provisions of section 59A
88. 67BPenalty for failure to satisfy the Commissioner under sub-section (1) or to comply with a requisition under sub-section (2) of section 59B
89. 67CPenalty for possessing, etc., denatured spirituous preparations in contravention of provisions of section 59C and 59D
90. 68Penalty for opening, etc., of common drinking house
91. 69Penalty for illegal import, etc., of mhowra flowers
92. 70Penalty for illegal import, etc., of molasses
93. 71(Deleted)
94. 72Penalty for removal of intoxicant, etc
95. 73Penalty for printing or publishing advertisements in contravention of provisions of Act, etc
96. 74Penalty for printing or publishing advertisements in contravention of provisions of Act, etc
97. 75Penalty for inciting or encouraging certain acts
98. 75APenalty for contravention of provisions of section 43
99. 76Penalty for neglect to keep measures, etc
100. 77Penalty for misconduct by licensee, etc
101. 78Penalty for misconduct by licensed vendor or manufacturer
102. 79Liability of licensee for acts of servants
103. 80Import, export, etc., of intoxicant by any person on account of another
104. 81Penalty for attempt or abetment
105. 82Breach of licence, permit, etc., to be an offence
106. 83Penalty for conspiracy
107. 84Penalty for being found drunk in any drinking house
108. 85Penalty for being drunk and for disorderly behaviour
109. 86Penalty for allowing any premises to be used for purpose of committing an offence under Act
110. 87Penalty for chemist, druggist or apothecary for allowing his premises to be used for purpose of consumption of liquor
111. 88Penalty for issuing false prescriptions
112. 89Penalty for maliciously giving false information
113. 90Penalty for offences not otherwise provided for
114. 91Demand for security for abstaining from commisssion of certain offences
115. 92(Deleted)
116. 93Demand of security for good behaviour
117. 94Execution of bonds in respect of minors
118. 95Punishment for vexatious search, seizure or arrest
119. 96Punishment for vexatious delay
120. 97Punishment for abetment for escape of persons arrested
121. 98Things liable to confiscation
122. 99Return of things liable to confiscation to bona fide owners
123. 100Procedure in confiscation
124. 101Power of Colletor, etc., to order sale or destruction of articles liable to confiscation
125. 102Forfeiture of any publication containing advertisement or matter soliciting use of intoxicants
126. 103Presumption as to commission of offences in certain cases
127. 103A(Deleted)
128. 104Compounding of offences
129. 104ABombay 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
130. 105Excise duties
131. 106Manner of levying excise duties
132. 107(Deleted)
133. 107ADeclaration of stock of articles mentioned in section 24A; maintenance of accounts and submission of returns
134. 107BPower to obtain information and to search and seize excisable articles
135. 108Penalty for import, export, etc. of intoxicant etc. without payment of duty
136. 109Duty on tapping of toddy trees
137. 110Duty by whom payable
138. 111Owner of trees entitled to assistance for duty paid
139. 112Privilege of drawing toddy from trees belonging to Government
140. 113(Deleted)
141. 114Recovery of duties, etc
142. 115Magistrate’s power to impose enhanced penalties
143. 116Procedure to be followed by Magistrates
144. 116ATender of pardon to accomplice
145. 117Investigations, arrests, searches, etc., how to be made
146. 118Procedure of Code of Criminal Procedure relating to cognizable offences to apply
147. 119Certain offences to be non-bailable
148. 120Power of entry and inspection
149. 121Power to open packages, etc
150. 122Power to require production of licences
151. 123Arrest of offenders and seizure of contraband articles
152. 124Power to obtain information
153. 125Power to seize intoxicants, etc
154. 126Arrest without warrant
155. 127Arrest of offenders failing to give names
156. 128Issue of warrants
157. 128ACertain provisions to apply to denatured sprituous preparations
158. 129Prohibition officers may be empowered to investigate offences
159. 129APower to require persons to submit to medical examination, etc
160. 129BDocuments or reports of registered medical practitioner, etc., as evidence
161. 130Arrested persons and things seized to be sent to officer-in-charge of police station
162. 131Bail by Prohibition Officer
163. 132Articles seized
164. 133Duty of officers of Government and local authorities to assist
165. 134Offences to be reported
166. 134AEstablishment of Gram Rakshak Dal
167. 135Landlords and others to give information
168. 136(Deleted)
169. 137Appeals
170. 138Revision
171. 139General powers of State Government in respect of licences, etc
172. 140Power of State Government to prohibit, regulate or control consumption or use of intoxicants, etc., in public place
173. 141Employment of additional police
174. 142Power of Collector to close places where intoxicant or hemp is sold in certain cases
175. 143Power of State Government to make rules
176. 144Commissioner’s powers to make regulations
177. 145Officers and persons acting under this Act to be public servants
178. 146Bar of proceedings
179. 146ALimitation of prosecutions or suits against officers
180. 146BProvisions of Act not to apply to Government
181. 147Provisions of this Act not to apply to import or export across customs frontier
182. 148Repeal and amendments
183. 149Further repeals and savings consequent on commencement of Bom. XXV of 1949 in other area’s of State

Schedules

This Act has 3 schedules. A schedule is published as a document of its own; the text is reproduced on its page where it has been read, and the document is mirrored here either way.

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